• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.129-153
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• 2017

Fair Competition policy in aviation field has been discussed since open skies policy began in 1970s. This issue has been also the main topic in the ICAO's Worldwide Air Transport Conference, the Air Transport Symposium, etc. ICAO defines competition as the existent or potential rivalry between two or more operators, carriers or groups, striving for advantages in the same market based on different prices, qualities and services. In a broader sense, the definition includes more various meanings; reasonable, fair, effective, and unrestricted competitions. Nowadays, competition laws and regulations to air transportation have been applied more frequently and the issues varies from antitrust immunity, mergers and alliances, abuse of dominant positions, capacity dumping and predatory pricing, sales and marketing, to airport charges and fees, state aid and loan guarantees. Now, the competition among the airlines or nations in aviation industry is changing to cooperation level. A lot of airlines try to survive by various cooperation methods. Therefore the policy of Korean aviation industry should be developed, taking so-called "the viewpoint of national aviation industry ecosystem" into consideration and Korean government should prepare a policy of fair competition to cope with it. First, in the process of open skies policy with neighboring countries such as China, Japan and the Middle East, it is necessary to apply the fair competition act and prepare laws and regulations to implement it. Second, the standards of effective ownership and control of air transportation business should be reviewed. Third, in preparation for aviation agreements and liberalization, the Korean aviation industry needs to study and review competition and cooperation issues through the analysis of strict aviation market structure for airlines and airport operations. Fourth, it is necessary to create a fair air transportation environment for the development of air transportation and competitiveness through preemptive policies such as the approval of mergers, acquisitions, JV and the ripple effects analysis.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.3-42
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• 2018

This paper aims to explore ways to develop the arbitration industry in Korea. The prospects for the promotion of the arbitration industry in Korea are never dim. International arbitration competitiveness is somewhat lower than its competitors at present, but the international economic base to support it is solid, and the domestic arbitration environment seems to be sufficient to support the development possibility of arbitration. Since geographical and economic factors have already been defined, Korea must at least improve the arbitration act with passion and vision for the best one. The arbitration act that is the most accessible to arbitration consumers is the best arbitration act. The important thing is to have an arbitration act that makes people want to use more than litigation or other dispute resolution procedures. There is no hope of remaining as a "second mover" in the field of arbitration law. One should have a will and ambition to become a "first mover" even if it is risky. Considering the situation of the current arbitration law, it is necessary to start an arbitration appeal system in order to become a consumer-friendly arbitration law, and it is necessary to examine ways of integrating the grant of execution clause and enforcement application procedures. The abolition of the condition of Article 35 of the Arbitration Act, which rules the validity of the arbitration award, will help promote international arbitration. Exclusion agreements of setting aside against arbitration awards must also be fully recognized. It is also important to publish a widely cited international arbitration journal. In order to respond to the fourth industrial revolution era, it is necessary to support the establishment of a dispute resolution system that utilizes IT technology. In order to actively engage the arbitrators in the market, it is necessary to abolish the regulations that exist in the Attorneys-at-Law Act. There is also a need to allocate more budget to educate arbitration consumers and to establish arbitration training centers to strengthen domestic arbitration education. It is also necessary to evaluate and verify the Arbitration Promotion Act so that it can achieve results. In the international arbitration market, competition is fierce and competitors are already taking the initiative, so in order not to miss the timing, Korea needs to activate international arbitration first. In order to activate international arbitration, the arbitration body needs to be managed with the same mobility and strategy as the agency in the marketplace. In Korea, unlike in Singapore and Hong Kong, it is necessary to recognize that the size of the domestic arbitration market is very likely to increase sharply due to the economic size of the country and the large market potential it can bring from litigation. In order to promote the arbitration industry, what is most important is to make arbitration activities in accordance with the principles of the market and to establish an institutional basis to enable competition. It is urgently required to change the perception of the relevant government departments and arbitration officials.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.175-209
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• 2019

The bundled discounting which the dominant undertakings engage in is problematic in terms of competition restraint. Bundled discounts generally benefit not only buyers but also sellers. Specifically, bundled discounts usually costs a firm less to sell multiple products. In addition, Bundled discounts always provide some immediate consumer benefit in the form of lower prices. Therefore, competition authorities and courts should not be too quick to condemn bundled discounts and apply the neutral and objective standard in bundled discounting cases. Cascade Health v. Peacehealth decision starts ruling from this prerequisite. This decision pointed out that the dominant undertaking can exclude rivals through bundled discounting without pricing its products below its cost when rivals do not sell as great a number of product lines. So bundled discounting may have the anticompetitive impact by excluding less diversified but more efficient producers. This decision did not adopt Lepage case's standard which does not require the court to consider whether the competitor was at least as efficient of a producer as the bundled discounter. Instead of that, based on cost based approach, this decision said that the exclusionary element can not be satisfied unless the discounts result in prices that are below an appropriate measures of the defendant's costs. By adopting a discount attribution standard, this decision said that the full amount of the discounts should be allocated to the competitive products. As the seller can easily ascertain its own prices and costs of production and calculate whether its discounting practices exclude competitors, not the competitor's costs but the dominant undertaking's costs should be considered in applying discount attribution standard. This case deals with bundled discounting practice of multiple healthcare services by the dominant undertaking in healthcare market. Under the Korean healthcare system and public health insurance system, the price competition primarily exists in non-medical care benefits because public healthcare insurance in Korea is in combination with the compulsory medical care institution system. The cases that Monopoly Regulation and Fair Trade Law deals with, such as cartel and the abuse of monopoly power, also mainly exist in non-medical care benefits. The dominant undertaking's exclusionary bundled discounting in Korean healthcare markets may be practiced in the contracts between the dominant undertaking and private insurance companies with regards to non-medical care benefits.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.57-75
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• 2007

Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.403-412
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• 2011

The execution of capital market law causes severe competition by promoting restructuring of financial industry. This study analyze efficiency and productivity change of the Korean Non-Life Insurance industry between pre-execution and pre-execution of capital market law using DEA model and Malmquist Index. Additionally, this study finds determinants of efficiency using tobit regression. The main results of this study can by summarized as follows. First, the efficiency with post-execution was increased comparing with pre-execution of capital market law significantly. Second, the productivity with post-execution was increased comparing with pre-execution of capital market law significantly. Third, significant determinants of technical efficiency and pure technical efficiency are weight of life planner. operation rate of assets respectively. And significant determinant of scale efficiency are firm size, operation rate of assets, weight of life planner.

• Proceedings of the Safety Management and Science Conference
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• 2000.05a
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• pp.9-26
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• 2000

Eventually so as to realize the construction safety, 1 found out the cause of accident and specificities of the construction industry. This study presented to several situations and problems on construction safety. As a result of this study, the below matters must be improved for more effective the construction safety management system. 1. It need to introduce the total construction safety management system. Because there is not effectiveness in the current safety management to the first on the construction field. a. We must consider the safety in the whole parts of the process of the construction and constructors of each part must devide responsibility of the construction safety as a CDM(The Construction Designed Management) used in UK. b. It is desirable to proceed control of safety in the whole parts of the construction to introduce the total safety coordinator that can consult the matters of safety as a law accepted in EU. c. Like management of the construction safety in USA, direction of the construction safety must be made to work exactly by code or manual. d. To improve the organization of the construction safety on the construction field unefficient, it must be introduced safety supervisor, safety coordinator or institutionalization of safety consultant. 2. The law of the construction safety not only have wasteful element but also decrease efficiency by overlapping of regulation, The Ministry of Labour and The Ministry of Construction & Transportation, So laws related with safety must be instituted. a. To realize total safety management, The Ministry of Labour must legislate the basic law about safety management in whole field. b. To legislate the construction safety under one law, and improve efficiency of the overlapping of regulation and the similar law by The Ministry of Construction & Transportation. c. It must be made the law of construction safety that can proper to change of situation in construction. d. The standard of safety must be instituted belong to international level and improved by year. e. We must improve irrational regulation to realize activity of safety self regulating for progress competition in construction industry

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.277-327
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• 2008

This paper is to provide for an analysis on the trade adjustment assistance program and the Case study affected by international trade and FTA. The paper offers a legal study on analysis about Korea's Trade Adjustment Assistance Law for the Manufacturing Industries, USA's TAA. and Japan's law for Industry revival. In general, USA's TAA measures are defined as assistance actions for business enterprises, farmers and manufacturing industries workers. We exclude farmers and fishermen under Korea's Trade Adjustment Assistance Law for the Manufacturing Industries's business enterprises and workers, but we give them the systemic supports under korea's special assistance law for the farmers and fishermen and so on after FTA. Especially this focuses on the trade adjustment assistance case about both Korea's agriculture-farmer assistance from FTA and USA's TAA from workers in layoffs of trade-impacted communities. Korea has provided TAA to the sphere of agriculture after special legislation in Korea-Chile helping closed orchard, modernizing high quality producing facility for agriculture competition, producing superior fruit saplings, and constructing the distribution center in the producing district. But for US-Korea FTA and rapid increase of import by FTA expansion, we must prepare such indemnity systems for loss as cash benefit and wider aids for closed farm. The USA's TAA program targets manufacturing workers affected by international trade, who may have fewer transferable skills and face greater challenges to reemployment than other dislocated workers. A large majority sought some assistance from their one-stop center. Relatively small numbers chose to enroll in training, but those who did it often used this opportunity to chart a new career path. Finally, we learned the importance of education and discipline from USA cases. The fast and accurate information providing can raise efficiencies. The infrastructure can maximize the effect of TAA. The effective application would help us get over difficulties of TAA at hand.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.3-27
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• 2013

Overriding Mandatory rules are laws that purport to apply irrespective of the law chosen by the parties to govern their contractual relations. This article examines their role and applicability in international arbitration. The overriding mandatory rules pose a complex and continuing problem for arbitrators because they put the interests of states and parties in direct competition. When a law says that arbitrators must apply it, yet the parties' contract excludes it, what should the arbitrators do? Where should their allegiance lie? The answer depends on the underlying nature of arbitration - and since that can be legitimately conceptualized in different ways, a principled approach to overriding mandatory rules seems to be impossible to provide. Nevertheless, a practical solution is required, because there were European cases in which courts voided valid arbitration agreements made, reasoning that arbitrators certainly would not apply and/or take into account its overriding mandatory rules of indemnity right granted to commercial agent and distributor in Europe. Therefore, this paper first examines status of overriding mandatory rules of another law in international litigation and then explores any possibility of application of overriding mandatory rules of another law in international commercial arbitration. With this analysis, the author reaches into a conclusion that the arbitrator should and/or take into account overriding mandatory rules of another law, yet should limit to them of the country where characteristic performance is made under the contract.

• The Journal of Fisheries Business Administration
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• v.39 no.1
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• pp.1-16
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• 2008

For the last few years, the wholesale market system in Japan has been experiencing a lot of changes in the related sectors. The greatest changes in the environments surrounding the wholesale market were enlargement of the producers' cooperatives, increase of fisheries products marketed in the outside of the wholesale market system, and management aggravation of the related businessmen, These changes resulted in the revision of the wholesale Market Law in 1999 to cope with the social needs successfully. Recently, fisheries wholesale markets in Japan have a few problems like declining of earning power, weakening of management constitution, etc. Consequently, Japanese government presents policy for enforcing the competition power through reform laws related with fisheries wholesale markets. Also the fisheries wholesale markets have been trying variety and active countermeasures like undertaking, merger, coalition, etc. to overcome the crisis.

• East Asian Economic Review
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• v.16 no.3
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• pp.249-272
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• 2012

This paper examines how a Korean automobile firm price-discriminates between the Korean and the U.S. markets. We argue that a Korean automobile firm's pricing behavior depends on the differences in price elasticity over the segmented markets between the countries. Our findings are that differences in price elasticity may help explain why a medium-class car's price is higher in Korea than that in the U.S. while a small-sized car's price is higher in the U.S. than in Korea, which implies that a Korean automobile firm $3^{rd}$ degree price-discriminates on the same or similar products between Korea and the U.S. This type of $3^{rd}$ degree price discrimination differs from a typical home-bias effect (charging higher prices to domestic consumers) because a small-sized car which is produced domestically sells at higher price abroad. This finding can be added as a source that violates the law of one price.