• Title/Summary/Keyword: EU Competition Law

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건설 안전관리 체계의 개선 방안에 관한 연구

  • 김세영;안병수
    • 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

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A Study on the issues and measures of the China's Anti-dumping law (중국의 반덤핑 제도 과제와 대응방안)

  • Oh, Moon-Kap
    • International Commerce and Information Review
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    • v.16 no.1
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    • pp.117-142
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    • 2014
  • China having largest market in the world, has been criticized by its trading partner countries due to its unfair trade practices, particularly in the field of anti-dumping regulation. The main reasons for such criticism seem to come from the incomplete anti-dumping law as instrument to protect the industry concerned. In 2001, though new anti-dumping law was established to replace the former one by revising it to meet the needs for economic development which should be secured for china to take part in the competition world as the new member of WTO. The provisions concerned have been evaluated not to be sufficient and efficient from the viewpoint of the safeguard mechanism, while are required to be modified to meet the real world of international trade law. I consider that as the biggest partner of chinese trade activity, we will need to maintain a well understanding of the Chinese anti-dumping regulations. So this report conducts the Chinese anti-dumping regulations, compares between the chinese regulations and the WTO agreement, and studies deeply in to the problems and the improvements of the Chinese anti-dumping regulations.

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A Study on Licensor's Obligation of Providing Licensed Technology and Licensee's Obligation of Paying Royalty in International Technology Transfer Contract (국제기술이전계약에서 라이선서(Licensor)의 실시권 부여와 라이선시(Licensee)의 실시료 지급의무에 관한 연구)

  • Oh, Won Suk;Jeong, Hee Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.61
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    • pp.29-55
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    • 2014
  • Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

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Deficiencies of China's General Aviation Law and its Improvement (중국 일반항공법의 법적 흠결과 개선방향)

  • Zhang, Chrystal;Diao, Weimin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.145-181
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    • 2013
  • General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

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Design & Construction of Korean Type Smart Work Center on the basis of User-Oriented Smart Work System (사용자를 지향한 스마트워크 시스템 기반의 한국형 스마트워크 센터 설계 및 구축)

  • Koo, Gun-Seo
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.1
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    • pp.73-81
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    • 2013
  • This research proposes design and construction of Korean type SWC based on user oriented smart work system. To achieve this proposal, the research suggested improvements of related law, changes to working environment, and strengthening information security for users, stronger Korean ICT based; the study investigated for an efficient and suitable Korean type SWC by analyzing Korean government plans and foreign developed countries' cases. The user-oriented smart work service platform suggested in this study aims to offer a solution to national crisis and establish infrastructure to knowledge-industry and creative-industry by collaborative smart work environment of 'Context Awareness' and 'Tangible User Interface'. As a result, smart work suggests methods to produce creative work by IT workers and efficient work environment for better standing in world competition. In conclusion, Korean SWC system is proved to be superior in satisfaction rate at 75.41%, 20.18% higher than average score shown in 5 categories in 5 countries from USA, Japan, and EU's which was 55.23%.

A Study on the Implications of Korea Through the Policy Analysis of AI Start-up Companies in Major Countries (주요국 AI 창업기업 정책 분석을 통한 국내 시사점 연구)

  • Kim, Dong Jin;Lee, Seong Yeob
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.19 no.2
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    • pp.215-235
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    • 2024
  • As artificial intelligence (AI) technology is recognized as a key technology that will determine future national competitiveness, competition for AI technology and industry promotion policies in major countries is intensifying. This study aims to present implications for domestic policy making by analyzing the policies of major countries on the start-up of AI companies, which are the basis of the AI industry ecosystem. The top four countries and the EU for the number of new investment attraction companies in the 2023 AI Index announced by the HAI Research Institute at Stanford University in the United States were selected, The United States enacted the National AI Initiative Act (NAIIA) in 2021. Through this law, The US Government is promoting continued leadership in the United States in AI R&D, developing reliable AI systems in the public and private sectors, building an AI system ecosystem across society, and strengthening DB management and access to AI policies conducted by all federal agencies. In the 14th Five-Year (2021-2025) Plan and 2035 Long-term Goals held in 2021, China has specified AI as the first of the seven strategic high-tech technologies, and is developing policies aimed at becoming the No. 1 AI global powerhouse by 2030. The UK is investing in innovative R&D companies through the 'Future Fund Breakthrough' in 2021, and is expanding related investments by preparing national strategies to leap forward as AI leaders, such as the implementation plan of the national AI strategy in 2022. Israel is supporting technology investment in start-up companies centered on the Innovation Agency, and the Innovation Agency is leading mid- to long-term investments of 2 to 15 years and regulatory reforms for new technologies. The EU is strengthening its digital innovation hub network and creating the InvestEU (European Strategic Investment Fund) and AI investment fund to support the use of AI by SMEs. This study aims to contribute to analyzing the policies of major foreign countries in making AI company start-up policies and providing a basis for Korea's strategy search. The limitations of the study are the limitations of the countries to be analyzed and the failure to attempt comparative analysis of the policy environments of the countries under the same conditions.

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A Study on the Overcoming of the Legal Limits and the Status-Consolidating of the Online Services of the German Public Broadcasting System as the Third Media (독일 공영방송 온라인 서비스의 법적 한계 탈피와 제3의 미디어로서 위상 확립과정에 관한 연구)

  • Ko, Su-Cha
    • Korean journal of communication and information
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    • v.47
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    • pp.74-95
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    • 2009
  • With the digital technical development, the German public broadcasting system has enlarged their online services with the rapid growth of internet population and digital channels. In the debate on online services of public broadcasting systems the major issue is that broadcasting fees finance their broadcast, though they are intended to support mass communication only. Therefore the German private broadcasting claimed to the European Union, that broadcasting fee of the German public had to be regarded as state aid concerning fair competition. Due to the autonomy of the German public broadcasting systems, guaranteed by the German Constitutional Law, a public value test was proposed to the EU and was accepted domestically. The cut in rise of broadcasting fees was stated unconstitutional by the German Constitional Court in 2007, when online services were consolidated as the third media amongst TV and radio with regard to basic provision. This with the public value tests of the public and the accept of the EU's Audio Visual Media Services Directive was constituted in the 12th amendment of the State Contract of Broadcasting. This three-dimensional legislative process could be instructive for the korean process, because Korea too is on the verge of constituting a regulatory system of convergence media.

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Korean Broadcasting Laws under the WTO Service Negotiation (WTO 서비스 협상과 국내 방송규제: 정책적 대응 및 규제정비의 필요성)

  • Song, Kyoung-Hee
    • Korean journal of communication and information
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    • v.22
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    • pp.77-106
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    • 2003
  • As globalization of communication is going on and as the media have become increasingly central to the world economy, media policy matters have become the province of world economic organizations like the IMF and the WTO. The WTO service negotiation is focused primarily on the discriminatory and quantitative barriers associated with the trade of audiovisual services. Domestic measures such as subsidization, content regulation including quotas, and licensing requirements and restrictions on foreign ownership and control are at issues here. These measures have been successfully implemented by countries wishing to withstand competition from the American audiovisual industry. The debate about trade in audiovisual services is permeated by the unstated assumption that these programs are pure commodities whose production, distribution, exhibition and in turn, values are solely determined by the market forces. It is therefore presumed that liberalization of trade in audiovisual services will benefit all, serving cultural pluralism and diversity as well as economic efficiency. However, this assumption is not shared by developing countries, the recipients of U.S. television material. They argue audiovisual sector requires a social and cultural approach, since it plays a key role in the preservation of people's identity and social bonds. They claim that it is the each state's right to define its media policy and to implement it through the means it considers fit. These clashing views over the nature of the audiovisual material and the ways in which protect cultural pluralism and diversity do not confine to be the realm of theoretical debate. Each state's interest and motivation to protect its local industry and to have a competitive advantage in the international market is working in this battle. Consolidation with the countries like Australia, Canada, and EU nations, in favour of cultural exemption, seems to be the best policy for us. However, we are not entirely free from the WTO pressures, considering relation to the U. S. This study analyzes Korean Broadcasting Law compared with those of other OECD countries and tries to propose some strategical guidelines facing WTO service negotiation in the area of broadcasting.

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