• International Area Studies Review
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• v.16 no.1
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• pp.123-146
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• 2012

In this paper, we did on the new theory, policy, institution and legal research on the international competition order and justice society for 21st century. At first, we introduced the basic of competition law for fairness of trade in the new international market order under WTO. Secondly, we are researched on the economic approach of the competition law, market competition order and justice society in the new globalism. Third, we studied the international circumstance through the analysis of the patterns of the anti-competition practices and the regulation systems for competition order. We also reviewed the execution criteria and precedents of the fairness theory and competition laws in the USA, EU, Japan, and Korea, briefly. Finally, we presented to the alternative policies that based on our study about the new theory, policy, institution, competition law in opinion from reach the international market competition, fairness society and economic justice for 21st century under WTO.

• Journal of Legislation Research
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• no.53
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• pp.525-551
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• 2017

This Article discusses the current trend of European competition damage actions focused on the recent Damage Directive and its transposition by the United Kingdom and Germany. The relevant Directive was signed into law in November 2014, and it requires the EU Member States to adopt certain measures to support competition damage actions. The required measures and principles by the Directive include right to full compensation, rebuttable presumption of harm, extensive disclosure of evidence, use of pass-on for defense and indirect purchaser suits. Although many Member States did not meet the deadline to transpose the Directive, the end of 2016, it is reported that 23 Member States have now, as of September 2017, made enactments according to the Directive. When we look at the transposition done by the United Kingdom and Germany, the revisions on their competition laws closely follow the contents of the Directive. However, it will take quite a long time before the amended provisions apply to actual cases since most of the new provisions apply to the infringement that take place after the date of the amendment. A similar situation regarding application time may happen in some other Member States. Furthermore, even if the terms of the competition laws of the Member States become similar following the Directive, the interpretations of the laws may differ by the courts of different countries. EU also does not have a tool to coordinate the litigations that are brought in different Member States under the same facts. It is true that the EU made a big step to enhance competition damage actions by enacting Damage Directive. However, it needs to take more time and resources to have settled system of competition private litigation throughout the Member States. Korea has also experienced increase in competition damage actions during the last fifteen years, and there have been some revisions of the relevant fair trade law as well as development of relevant legal principles by court decisions. Although there are some suggestions that Korea should have more enactments similar to the EU Directive, its seems wiser for Korea to take time to observe how EU countries actually operate competition damage actions after they transposed the Directive. Then, it will be able to gain some wisdom to adopt competition action measures that are suitable for Korean legal system and culture.

• Journal of Legislation Research
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• no.41
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• pp.229-260
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• 2011

European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.48
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• pp.57-76
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• 2010

This study reviews maritime transport policy regarding liner conference and the changes in the liner market over the decades. Liner shipping industry has long been protected from competition by block exemption. To prevent excessive competition in punctual operation and its inelastic market structure, liner shipping companies formed conferences that are protected to fix the prices under the law. In the US, deregulation in transport sector began from 80's and continuing with OSRA 1998, conferences were dissolving. On the other hand, the EU with close conference system, Regulation 4056/86 contained block exemption remained in force for unlimited time without review clause. However, in Oct 2008, the EU has announced its removal, and conferences were no longer permitted to fix the price nor exchange information. Although OSRA 1998 has already broken up conferences by allowing individual service contracts, but the repeal of the immunity for price fixing will alter significantly the rule on cooperation in the industry since it is a unilateral move by the EU, especially in transatlantic lane. There are rapid changes in shipping market getting much more complicated, and with removal of 4056/86 allowing the market to be more competitive, opening up the industry with far more diverse strategic options. Hence this paper reviews on liner shipping industry and its changes of policies over the years from protected market to open competition market of today.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.237-256
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• 2011

A Liner Conference can be defined as "a group of two or more vessel operating carriers which provide international liner services for the carriage of cargo on a particular route or routes within specific geographical limits and which has an agreement or arrangement within the framework of which they operate under uniform or common freight rates and any other agreed conditions with respect to the provisions of the liner services". This study reviews maritime transport policy regarding liner conference and the changes in the liner market over the decades. Liner shipping industry has long been protected from competition by block exemption. The repeal of the block exemption for liner conferences and the abolition of any special EC antitrust regime for the shipping industry marks an important step in European maritime competition policy. This article examines the origins and the rationale of the EC antitrust immunity granted so far th the shipping industry and explains the causes of this historic changes. The abolition of Regulation 4056/86 and of the EU commitment to the UN Code of Conduct marks an historical evolution in international maritime policy, which will have an influence far beyond the EU.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.165-188
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• 2010

The repeal of the block exemption for liner conferences and the abolition of any "special EC antitrust regime" for the shipping industry marks an important step in European maritime competition policy. This article examines the origins and the rationale of the EC antitrust immunity granted so far to the shipping industry and explains the causes of this historical change. Moreover, based on the precedents which have appeared so far, a general assessment is offered under this new EC regime on agreements restricting competition in the liner shipping industry, in particular horizontal ones: conference and tariff/freight arrangements will be doomed, whereas the legitimacy of consortia agreements should not be cast in doubt; a case-by-case analysis will be the approach as regards exchange or dissemination of information by shipowners in the market, and the relevant case law which emerges on these matters in other industries will be the criterion for their evaluation. Finally, a few remarks are made in respect of the international dimension of the decision to outlaw liner conferences and hence carve out EU Member States from the UN Code of Conduct regime.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.371-393
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• 2009

The biggest issue of the current international maritime transport is that EU had decided to apply the Competition Law about Shipping Conference since 2008 and UNCITRAL Convention which is the substitute of international rules related with existing maritime transport passed UN General Assembly. This movement indicates that international rules of international maritime transport are not focusing on shipping companies or forwarders anymore but consignors. According to the current circumstances, it is time for us to convert existing shipping companies and forwarders centered rules system into consignors centered international rules system as well. Thus, this study has compared and analyzed between each country's law of Shipping Conference and Korean governing law, Ocean Shipping Act.

• Journal of Korean Society for Quality Management
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• v.31 no.3
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• pp.19-36
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• 2003

The manager of manufacturing industry just not to have known what to do related to the law of product liability(PL) that was put into operation in July 1, 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. But the existing civil law has been having clause that compensation to be taken is limited. The law of PL is resolving this limitations and is characterized by the easy relief from damages of defective product. The decision in the case of Green-man has been a precedent since the court sentenced the manufacturer to liability. The law of PL has been in force in 27 countries, including all of the EU countries, Japan, Philippines and China. It has been shown that the corporations which meet the Global Standard, could survive in global competition. The economic effects by the law of PL are the increase of consumers relief production cost by the lawsuits. This paper will recommend more biref method that is able to cover PSMS by use of QMS. It will make domestic corporation improve in the plan, manufacture and sale of products to meet the Global Standard.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.93-125
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• 2011

The International Civil Aviation Convention (Chicago Convention) has been a backbone of international air transport system whereby air transport between States should be based on bilateral agreements, and in particular, international airfares, which are set up through IATA(International Air Transport Association) rate-fixing machinery could be approved by the governments concerned. International airfares are fares for transporting passenger and freight and their conditions between two or more countries. However, since U.S. pursued th deregulation policy in 1978 whereby routes, capacity and fares could be freely determined by airlines, many States have been following so called open-skies agreements. In many cases, aeronautical and competent authorities have been reviewing whether airlines' commercial activities including air fares could possibly conflict with free competition rules envisaged in relevant laws and regulations. As competition among airlines gets intense, airlines often resort to cooperation with other airlines in the forms such as equity exchange, M&A, code-sharing, fares consultation and resource pooling, mainly with a view to effectively use resources available and to avoid monopoly situation resulting from excessive and destructive competition among players. Whereas bearing in mind that application of competition laws is important to secure consumers' interests by preventing airlines's malpractices such as bargaining exorbitant fares, it is also important to comprehensively consider as many factors as possible, from that unilateral measure by governments may bring about retaliatory measures by the governments affected, to that airlines' cooperative practices may rather increase consumers' benefits by lowering air fares.

• Journal of the Korean Society for Railway
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• v.13 no.1
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• pp.108-118
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• 2010

This paper analyzes the changes in rail policy in the UK between 1948 and 2007. The UK rail system, once a nationalized industry, was privatized in 1994. Consequently it increased the role of government after 2000, which was a year of frequent rail accident. Recently the UK rail system has made solving global warming and EU interoperability in rail. This paper examines the main factors in changes in rail policy in the UK, which is through the ruling party's ideology, comprehensive transport policy, aimed at reducing global warming and rail accident. Moreover, this paper clarifies the characteristics of rail policy that is consistent with social role of rail, integrative transport policy and acknowledging the positive role of rail against global warming.