• Journal of Korea Fair Competition Federation
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• no.26
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• pp.34-45
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• 1997

세계 경제질서의 급속한 변화에 따라 최근에 많은 선진국들이 경쟁법을 개정하거나 앞으로 개정할 움직임을 활발히 전개하고 있다. 특히 이중에서 글로벌 경제의 급속한 진전에 따라 여기에 대응하기 위한 경쟁법의 개정 움직임도 활발하게 이루어지고 있음을 음미해보아야 할 것이다. 미국은 반트러스트법의 개정을 검토하기 위하여 공청회를 개최하고 ''95년 5월 ''새로운 하이테크 글로벌 시장에서의 경쟁정책''이라는 보고서를 발표하였으며, 이에 따라 합병심사에서 효율성을 앞세워 미국 국내기업의 해외 진출을 지원하고 합병을 용이하게 하도록 ''92년에 제정된 합병 가이드라인을 개정하였다. EU의 구주위원회도 기업결합의 글로벌화가 촉진되도록 ''96년 7월 합병규제규칙을 개정하여 업계가 손쉽게 합병을 할 수 있도록 절차에 있어 일원적 처리의 범위를 확대하였으며, 기업의 규제대상이 되는 연간 매상고기준을 인하하고 합병심사의 대상기업이라도 경쟁상 중대한 문제가 발생하지 않는 것으로 판단되면 공동체 시장에서 적합성을 선언할 수 있도록 하고, 경쟁제한법 협정의 적용제외 규정에서 수직적 제한에 대한 경쟁법 적용여부의 결정은 당사자의 시장점유율을 고려해서 적용여부를 결정하는 등 폭넓은 선택이 가능하도록 개정하였다. 이에 따라 EU국가인 독일, 영국, 프랑스 등의 EU회원국들은 EU합병규제규칙 및 EU경쟁법과의 조화가 이루어지도록 자국의 법체계를 정비하고 있다. 이에 따라 독일은 지난 ''97년 7월 31일에 경쟁제한금지법 제정 이후 40년만에 근본적인 개정의 필요에 따라 EU경쟁법과의 조화, 카르텔에서 적용제외 규정을 글로벌 경제구조에 맞도록 과감히 삭제$\cdot$축소하고, 합병규제대상의 매상고기준을 상향(5억$\right$10억마르크)하고 법체계를 명확하고 알기 쉽게 정리하는 개정(안)을 발표한 바 있다. 그리고 영국 무역산업성 장관은 지난 ''97년 8월 7일 영국의 경쟁법개정(안)을 금년 가을까지 성립을 목표로 발표하였는데, 그 주요 내용은 반경쟁적 협정 및 시장지배력 남용에 대한 강력한 억제력과 중대한 남용행위에 제재금을 부과함으로써 경쟁을 통한 소비자의 이익과 선택을 확보하고 산업계의 불필요한 부담을 경감토록 하여 글로벌시장 경쟁에서 혁신과 투자를 자극하도록 유도하였고, 프랑스는 생산업자와 유통업자에 의한 부당염매금지 제도를 도입하고 경쟁제한행위금지 위반시의 벌칙을 강화했다. 일본은 치열한 국제경쟁에 대응하고 경제구조의 개혁과 사업자활동을 보다 촉진하기 위하여 지난 1997년 6월 11일 일본독점금지법을 개정하여 독점금지법에 위배되지 않는 범위에서 지주회사 설립 금지를 해체하고 대규모회사 주식보유총액제한 규제대상을 완화하는 한편 국제계약신고제도를 폐지하였다. 캐나다는 합병신청서 제출기간을 연장하고 통신판매를 직접규제대상으로 경쟁법 개정을 준비하였고, 호주는 거래관행법을 개정하여 연방정부와 주$\cdot$준주 정부간의 경쟁정책의 법적용을 통일하고 거래관행법 적용을 모든 사업에 확대하며, 재판매가격유지행위의 금지대상에 용역(전기통신서비스)도 포함시키고 시장참입을 촉진하는 제도를 신설하였다. 뉴질랜드는 합병이 국내시장에 영향을 주는 경우에는 외국에서의 합병에도 경쟁법을 확대적용하도록 하였다. 위와 같이 세계의 많은 국가에서 경쟁정책에 대한 새로운 동향과 공정거래법에 대한 개정작업이 활발히 이루어지고 있는데, 본고는 미국, EU, 독일, 영국, 프랑스, 일본, 캐나다 및 호주와 뉴질랜드 등 주요선진국에서의 공정거래법 개정 동향에 대한 주요 내용을 소개한 것이다.

• Informatization Policy
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• v.26 no.1
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• pp.83-105
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• 2019

The purpose of this study is to analyze the domestic and overseas laws and regulators' decisions related to zero-rating (ZR) practices through a comparative approach and to support development of the ex-post regulation. Although most countries are adopting ex-post regulatory approaches toward the globally increasing ZR practices, there is no uniform standards or an approach to consider when deciding whether to allow mobile ISPs' zero-rating practices in the market. However, in recent years, some countries have been improving their policy transparency with respect to ZR through enacting and amending relevant laws as well as making trial decisions. The comparative analysis shows that each country investigates restriction of the user choice and ISPs' adherence to the obligation of non-discrimination in order to judge whether the user benefits are damaged by the ZR practices. It also investigates ISP-CP's market positioning and ISP's vertical integration for profit squeeze to find out whether they harm fair competition with ZR practices in the mobile ecosystem. Based on the results of the comparative analysis, we suggest the desirable ZR regulatory directions under the domestic legislative status.

• 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.

• Architectural research
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• v.21 no.2
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• pp.41-48
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• 2019

The purpose of this study is to research and development of 'Korea B(Benefit)-impact Model' for Sustainable Development. A concept evaluation model is 'B(Benefit)-impact model' in U.S.A. We use the results of surveys that examined the importance of social value issues to stakeholders in Korea to implement the benefit-impact model in Korea. In particular, in this paper, we use the KSI(Korean Sustainability Index) survey data conducted by the Korea Standards Association to evaluate the social value of the construction industry for representative stakeholders in the construction industry. The social value pool and the activity indicator pool used for the survey are created based on relevant International Standards; ISO 26000, ISO 14001, ISO 37001. As a result, Korea B-impact model for construction industry included the following five core social value issues; Strengthen transparency of corporate management, Ensure fair employment and employment relations, Efforts to prevent corruption, Conduct fair competition, Efforts to prevent environmental pollution. In addition, the US B-impact model has three limitations. First, it is unclear whether the key indicators have been derived while considering all issues of social value. Second, US B-impact model indicators are developed by the social responsibility experts, so it is necessary to review by stakeholders in each industry. Finally, it would be more effective for companies to use the B-impact model index as a more detailed activity indicator. When developing a Korea B-impact model, the following methods are used to supplement it. First, we reviewed all social value issues using international standards. Secondly, we used the KSI(Korean Sustainability index) survey results to derive the importance of the social value issue of construction industry in Korea. Finally, we have clearly matched the activity indicators by social value core issues based on the GRI Standard so that companies can actually use the Korea B-impact model for the construction sector. The detailed development stages and results of this study are as follows;.

• Journal of Korea Entertainment Industry Association
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• v.13 no.5
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• pp.47-57
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• 2019

New product innovation is a key component of a company's survival and sustained growth. With the rapidly changing market environment and global infinite competition, The importance of innovative new product development is growing. In the domestic entertainment industry, Competition is intensifying, and many companies are focusing on developing innovative new products in order to secure continuous competitive advantage in the era of global infinite competition. The problem is that as the intensity of competition increases and the idol production system develops more and more, The costs of planning and marketing are increasing. The fair trade commission estimated the cost of creating an idol group to be about 1 billion won, and some large entertainment companies claim that the investment cost is about 20 ~ 3 billion won. Lean startup is attracting attention as an innovation framework for sustainable competitive advantage of companies. But, there are not many related studies in Korea despite the growing interest. In particular, Case studies that can help to establish specific strategies are limited. Therefore, this study analyzed the successful case of JYP Entertainment's idol singer TWICE who succeeded in new product innovation and suggested practical implications. Theoretically, This study extended the Lean startup to the entertainment industry and suggested practical implications as the basic data for establishing the innovation strategies for the idol singers of domestic entertainment companies.

• The Journal of Fisheries Business Administration
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• v.5 no.1
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• pp.9-42
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• 1974

Korea is a peninsular country surrounded by seas on three sides, and the fishing industry has carried out the service of suppling to the people with important anima protein. The distribution of fishery products has very complicated structures, because the production is in charge of small producers scattering along the coast all over the country, while consumpstion is made by separate homes in areas away from producing district. The relation between these two factors the structures make very complicated. The most typical and special structures of fishery distridution are distinguished in two, that is, one is landing market, the other is inland market. Landing markets have been monopolized by fishermen's cooperatives, providing with landing facilities and building sites. Fish markets played not only an important role in the landing, but distribution and price determination of catches by auction or tender. Inland markets are two types of wholesale market in consuming center, one is the terminal market for urban consumers, the other type is the local market for rural consumers. Fundamental functions of landing markets are gathering, assessment, and distribution functions. Gathering function is in charge of wholesaler in fishery cooperative. Gathering amounts are equal to gathering capacity of wholesaler and transact ability of licensed dealers as shown below model. Gathering amount=f.gathering capacity(=pre price.landing facility.account of wholesaler.distance of fishing ground.conveniency purchasing.home port)=fㆍ transact ability of licensed dealers≒f.population or port, and table 1 indicates these relationship. Assessment and distribution functions are in charge of licensed dealers in consumption side. Assessment function should bring the value in production activity through the auction between the cooperative seller and the licensed dealer as buyer. For fair trade transaction in auction, the free competition is supposed to be a prerequisite among the licensed dealers. The ideal condition for free competition is sameness in the scale of buying amount by licensed delaers, but it is almost impossible to attain its goal in actual marketing.

• The Korean Society of Law and Medicine
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• v.13 no.2
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• pp.141-178
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• 2012

Korea's medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists' opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.255-288
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• 2015

It is desirable to prevent medical accidents because they bring about irretrievable outcomes to patients, as they are directly related to each patient's life, and health. However, once medical accidents occur, it is appropriate to resolve them quickly without conflict before the feelings of directly involved people are intensely confronted with each other. Korea Consumer Agency carries out medical dispute mediation to address such disputes quickly, fairly, and efficiently, and so does Korea Medical Dispute Mediation and Arbitration Agency. Although there has been constant debate on a merge between the two agencies because of duplicated work and consequent inefficiency, it is desirable to maintain the two agencies to ensure consumers' options and to promote the mutual development of the agencies through competition. Therefore, there should be legal and systematical support for Korea Consumer Agency to have fair competition with Korea Medical Dispute Mediation and Arbitration Agency. This is not for Korea Consumer Agency, but ultimately for consumers.

• Journal of Internet Computing and Services
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• v.18 no.2
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• pp.113-121
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• 2017

As the industrial structure of the mobile telecommunications market is transforming into the ICT ecosystem centered on smartphones, the regulatory system conforming to the new ICT environment has become the main subject of discussion in key developed countries. The EU segmented the mobile phone service into wholesale and retail. Simultaneously, the EU appraised mobile telecommunication carriers' market domination in segmented markets to continuously improve the scheme to promote competition in the telecommunications market. In Korea, also, there is discussion about adopting the EU scheme to segment the mobile phone market definition more finely and taking measures to appraise the market domination in accordance with object appraisal criteria. As such, this study analyzes whether the current criteria for appraising the wholesale termination rate market domination under the ICT's domestic mobile telecommunication ecosystem is adequate and presents the rational improvement measures reflecting the theoretically suggested evaluation factors.

• KDI Journal of Economic Policy
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• v.13 no.2
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• pp.97-127
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• 1991

This paper investigates the roles and the limitations of the Korean antitrust agencies-the Office of Fair Trade (OFT) and the Fair Trade Commission (FTC) during the making of the major industrial policies of the 1980's. The Korean antitrust agencies played only a minimal role in three major industrial policy-making issues in the 1980's- the enactment of the Industrial Development Act (IDA), the Industrial Rationalization Measures according to the IDA, and the Industrial Readjustment Measures on Consolidation of Large Insolvent Enterprises based on the revised Tax Exemption and Reduction Control Act. As causes for this performance bias in the Korean antitrust system, this paper considers five factors according to the current literature on implementation failure: ambiguous and insufficient statutory provisions of the Monopoly Regulation and Fair Trade Act (MRFTA); lack of resources; biased attitudes and motivations of the staff of the OFT and the FTC; bureaucratic incapability; and widespread misunderstanding about the roles and functions of the antitrust system in Korea. Among these five factors, bureaucratic incompetence and lack of understanding in various policy implementation environments about the roles and functions of the antitrust system have been regarded as the most important ones. Most staff members did not have enough educational training during their school years to engage in antitrust and fair trade policy-making. Furthermore, the high rate of staff turnover due to a mandatory personnel transfer system has prohibited the accumulation of knowledge and skills required for pursuing complicated structural antitrust enforcement. The limited capability of the OFT has put the agency in a disadvantaged position in negotiating with other economic ministries. The OFT has not provided plausible counter-arguments based on sound economic theories against other economic ministries' intensive market interventions in the name of rationalization and readjustment of industries. If the staff members of antitrust agencies have lacked substantive understanding of the antitrust and fair trade policy, the rest of government agencies must have had serious problems in understanding the correst roles and functions of the antitrust system. The policy environment of the Korean antitrust system, including other economic ministries, the Deputy Prime Minister, and President Chun, have tended to conceptualize the OFT more as an agency aiming only at fair trade policy and less as an agency that should enforce structural monopoly regulation as well. Based on this assessment of the performance of the Korean antitrust system, this paper evaluate current reform proposals for the MRFT A. The inclusion of the regulation of conglomerate mergers and of business divestiture orders may be a desirable revision, giving the MRFTA more complete provisions. However, given deficient staff experties and the unfavorable policy environments, it would be too optimistic and naive to expect that the inclusion of these provisions alone could improve the performance of the Korean antitrust system. In its conclusion, this paper suggests several policy recommendations for the Korean antitrust system, which would secure the stable development and accumulation of antitrust expertise for its staff members and enough understanding and conformity from its environments about its antitrust goals and functions.