• Korea Trade Review
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• v.41 no.5
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• pp.285-304
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• 2016

e-Commerce in Small and Medium-sized Enterprises(SMEs) provides a platform for fair competition between SMEs and large enterprises, and brings economic benefits to SMEs. Thus in the recent years, the e-Commerce in SMEs developed rapidly. However, the overall proportion of e-Commerce in SMEs in China remains low, and many SMEs' decision-makers tend to feel that their business is relatively weak in terms of information construction of scale and financial management, thus they keep the 'wait and see' attitude about the e-Commerce development decisions. Therefore, SMEs are facing three puzzles about e-Commerce application. First, if the companies need to implement e-Commerce, what are the e-Commerce adoption decision factors. Second, what are the successful implementation factors of e-Commerce. And how about the relationship between them. The third is how to measure the implementation effect of e-Commerce. What is the performance evaluation factors of e-Commerce. In this paper, the theoretical and empirical exploration and research are conducted towards these SMEs. Considering the actual situation of SMEs, this paper builds a theoretical model, then puts forward relevant hypothesis. This paper analyzes present influencing factors based on enormous research papers, and finally discovers the critical successful factors in doing business with e-Commerce in SMEs by conducting Structural Equation Modeling. Five critical factors are verified by cases of enterprise by demonstration study. Lastly, we can draw a conclusion that the innovation ability of leaders, the IT support of leaders and e-Commerce strategies are the success factors of e-Commerce for Chinese SMEs.

• Journal of Distribution Research
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• v.15 no.5
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• pp.103-126
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• 2010

The development of an industry including distribution sector is influenced by not only government policy but the related firms' behaviors. Recently the large-scale retailers have had more enormous channel power than any other distributors including monopolistic makers. Now is the time for government to prepare some policies against the unfair transaction behaviors by large-scale retailers. In this paper I tried to inquire into the distribution competition policy from a political correspondent point of view related with the transition of distribution system. For the purpose of this article I compared the case of Korea with Japan. According to the results so far inquired, there are some commons and differences in the cases of the two. Some suggestions are as follows. Considering the predominant position the concept of large-scale retailers is to be extended from a single store to numerous chain stores in the political level. Government needs to examine the standard propriety for large-scale retailer; the size of selling area and amount of sales a year. When a large-scale retailer store is to be established, it need to be taken a permit or a pre-inspection. The Fair Trade Commission have to secure the neutrality from Government's strategies. And government should find out the examples of unfair transaction behavior types and prepare some proper guidelines continually. For the last time statistical data by distributors are to be fitted out and the actual investigations for estimating the effects of government policies need to be enforced.

• Journal of Korea Fair Competition Federation
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• no.150
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• pp.14-29
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• 2010

비록 부정경쟁방지법의 제정 목적이 부정경쟁행위 등의 방지를 통하여 건전한 거래질서를 유지한다는 의미의 경쟁체제 확립에 있기는 하지만, 우리나라의 경우는 법 제정 당시와는 달리 사실상 산업스파이에 대한 영업비밀의 보호나 주지의 상표 영업표지의 보호와 같은 지적재산권의 보호 법률로서의 역할로 점차 변화하고 있고, 특히 부정경쟁방지법이 주지의 상표에 대한 출처의 혼동에 대한 규제뿐만이 아니라 별도로 저명상표의 희석화(稀釋化) 방지라는 법익, 이에 더 나아가 도메인 네임(Domain Name)의 선점과 원산지 및 품질의 오인(誤認) 야기행위, 주지 저명한 타인의 디자인(Design), 캐릭터(Character)와 같은 상품의 표지에 이르기까지 지적재산권과 관련된 보다 넓은 법익의 보호까지 수행하게 되면서 그 기능은 날로 강화되고 있는 상태이다. 이에 반하여 부정경쟁방지법상의 부정경쟁행위 자체에 대한 규제는 사실상 주지 저명한 타인의 상표나 상품표지의 식별력이나 출처표시기능 등의 보호라는 의미의 분쟁수준을 넘지 못하고 있어, '경쟁법'으로서의 역할은 상대적으로 미약해지고 있는 것 또한 현실이다. 또한, 공정거래법 제23조 제1항 제8호를 비롯하여 현행 공정거래법상의 불공정거래행위에 대한 규정체제를 살펴보면, 해석 여하에 따라서는 부정경쟁방지법상의 부정경쟁행위가 대부분 공정거래법상의 불공정거래행위의 범위 내로 포섭될 수도 있는 상황이기도 하다. 이에 양 법률의 성격과 역할, 앞으로 나아가야 할 방향을 고민하지 않을 수 없고, 이와 같은 논의는 발전적 입법론으로서의 가치를 갖는다. 물론 불공정거래행위(부정경쟁행위)에 대한 규제에 있어서 반드시 독일법체계에 따를 것인지 아니면 미국의 경우를 따를 것인지에 대한 선택 자체가 논리적으로 양립 불가능한 것은 아닐 것이지만 우리나라의 경우는 1980년 "독점규제 및 공정거래에 관한 법률"이 제정되는 과정에서 당시 부정경쟁방지법에 담겨 있던 기존의 부정경쟁행위에 대한 규정과 공정거래법상의 불공정거래행위와의 경합이나 중복문제는 마땅히 검토되었어야 했음에도 불구하고 공정 거래법의 제정과정에서 사실상 부정경쟁방지법의 존재 자체가 간과되어 오늘에 이르고 있다. 그동안 양 법률상의 규정 중복이나 충돌을 정식으로 문제 삼았던 바는 없었지만 '발전적 입법론' 이라는 차원에서 살펴 보면 부정경쟁방지법상의 부정경쟁행위에 대한 규제는 앞으로 공정거래법체계 내의 불공정거래행위로 포섭할 필요가 있고 이를 통하여 경쟁정책의 전문 전담기구로서 불공정거래행위에 대한 규제의 중심에 서 있는 공정거래위원회를 중심으로 효율적이고 통일적인 경쟁정책을 확립을 기대하여 볼 수 있을 것이다. 이 과정에서 공정거래법의 변화 또한 뒤따라야 하는데, 부정경쟁방지법상의 부정경쟁행위의 편입에 따라 불공정거래행위에 대한 규정 일부를 알맞게 다시 수정하는 것에 그치지 않고, 기존 부정경쟁방지법이 인정하고 있었던 사인간(私人間) 금지 또는 예방청구권 또한 공정거래법으로 그대로 편입되는 방향으로의 입법 개선이 이루어질 필요가 있으며, 그동안 '부정경쟁방지법의 공정거래법으로의 편입문제'와는 전혀 무관하게 공정거래법의 사적 구제 및 사소(私訴)의 활성화 차원의 논의로서 공정거래법상 사인간 금지청구권의 도입 여부가 검토되어 왔지만, 앞으로 이 문제는 부정경쟁방지법상 부정경쟁행위의 공정거래법체계 내로의 편입문제와 함께 이를 포함한 더욱 큰 논의로서 다시 적극적으로 검토될 필요가 있다고 본다. 이를 통하여 앞으로 부정경쟁방지법은 특허청을 중심으로 산업스파이에 대한 규제나 영업비밀의 보호와 기타 지적재산권의 보호에 온 힘을 다하고, 공정거래법은 공정거래위원회를 중심으로 불공정거래행위 (부정경쟁행위에 대한 보다 포괄적이고 통일적인 규제를 담당하여 '선택과 집중' 이라는 차원의 각 법률체계의 한 차원 높은 발전 또한 기대해 볼 수 있을 것으로 확신한다. 이러한 합의점을 시작으로 미시적인 다음 단계의 논의에 해당하는 사인간 금지청구권의 허용범위나 허용요건, 남용을 방지하기 위한 제도적 장치, 단체소송 등의 허용 여부 등의 논의도 함께 하여야 할 것이고, 이 과정에서 미국의 클레이튼법(Clayton Act)이나 가까운 일본의 입법례를 참고하여 우리의 실정에 맞는 규제의 틀을 마련함이 타당할 것이고, 이를 통하여 궁극적으로 그동안 공정거래법의 사적 집행의 활성화를 통한 경쟁질서의 확립의 강화라는 이상에 더욱 가까워질 수 있는 좋은 입법적 변화의 모습을 볼 수 있을 것이라 생각한다.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.81-119
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• 2022

Medical device market is strongly related with health care market. Public regulation in medical device market tends to be more lenient than health care market. In this market, competition law, administrative law and intellectual property law are intertwined, and thereby a variety of legal issues could be developed. Recently, dominant undertaking's abuse case was dealt with KFTC(Korea Fair Trade Commission) and Seoul High Court. The issues were whether dominant undertaking discriminated trading partners and this discrimination was anticompetitive. In this case, Seoul High Court revoked the KFTC's decision, holding that the undertaking did not harm competition, though it has dominant power in the relevant medical device market. This decision would be a meaningful precedent, not only that there have been small numbers of dominance abuse cases in Korea, but also that this case happened in medical device market. This case dealt with various issues like market definition, market power, alleged abuse and its anticompetitive effect. The court held that medical device markets are distinguished from medical device repairing market. However, the court did not clarify that medical device repairing market is a single branded market only for repairing the plaintiff's medical devices. Second, plaintiff's dominance is based on the lock-in effect, which means that hospitals could not switch devices like CT or MRI from plaintiff to other competitors. This could be supplemented from the fact that medical devices are expensive and the using period are significantly long. However market definition based on single branded market theory could be applied in rare and exceptional cases. Therefore the general application of single branded market theory might result in overestimate of market power. This type of abuse pattern requires improper condition contrary to resonable trade practice. KFTC asserted free charge for plaintiff's copy right. However, it is not clear whether the cases for free charge are general or not. Even if so, the intention and motive of providers for free charge should be proved. The main issue of anticompetitive effect was whether plaintiff raised rival's cost. Competitor's cost was increased due to plaintiff's copy right and its license fee. However the charge for license could be within the scope of fair and legal exercise of copy right. If competitors are excluded due to legal exercise of copy right or efficiency, the exclusionary abuse could not be proved.

• Korea Trade Review
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• v.48 no.1
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• pp.243-261
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• 2023

This study was conducted with the goal of analyzing the needs of Truckers, who are the main users of the cargo transportation platform, to find a development direction for the improvement and activation of the cargo transportation platform service. For this purpose, this study conducted an empirical analysis through IPA analysis targeting Truckers using domestic cargo transportation platforms. As a result of the IPA analysis, in the case of importance, fair fare presentation, unfair trade prevention measures, transportation payment deadline accuracy, transportation section information provision accuracy, quick interaction, application system quality, ease of use, user-customized service, settlement service support function, Variety of transportation sections, brand image, and additional services were shown in order. In the case of satisfaction, ease of use, settlement service support function, transport section information provision accuracy, application system quality, brand image, additional services, user-customized service, transport section diversity, quick interaction, transport payment deadline accuracy, unfair transaction prevention Measures and fair fares were presented in that order. The analysis results show high satisfaction with the ease of use related to the platform quality and the function to support the settlement work. These results can be seen as the result of a significant investment in system quality improvement for the convenience of users by suppliers in the domestic cargo transportation platform industry, where competition has become fierce. As the factors most urgently needed for improvement, 'observance of payment deadlines', 'prevention of unfair trade', and 'provision of fair fares' were selected, and these are related to chronic problems in the domestic freight transportation industry.

• The Journal of Bigdata
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• v.3 no.2
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• pp.87-99
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• 2018

This study analyze the factors affecting the number of bidders in public contracts by collecting contract data such as purchase of goods, service and facility construction through KONEPS among various forms of public contracts. The reason why the number of bidders is important in public contracts is that it can be a minimum criterion for judging whether to enter into a rational contract through fair competition and is closely related to the budget reduction of the ordering organization or the profitability of the bidders. The purpose of this study is to analyze the factors that determine the participation of bidders in public contracts and to present the problems and policy implications of bidders' participation in public contracts. This research distinguishes the existing sampling based research by analyzing and analyzing many contracts such as purchasing, service and facility construction of 4.35 million items in which 50,000 public institutions have been placed as national markets and 300,000 individual companies and corporations participated. As a research model, the number of announcement days, budget amount, contract method and winning bid is used as independent variables and the number of bidders is used as a dependent variable. Big data and multidimensional analysis techniques are used for survey analysis. The conclusions are as follows: First, the larger the budget amount of public works projects, the smaller the number of participants. Second, in the contract method, restricted competition has more participants than general competition. Third, the duration of bidding notice did not significantly affect the number of bidders. Fourth, in the winning bid method, the qualification examination bidding system has more bidders than the lowest bidding system.

• Informatization Policy
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• v.25 no.1
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• pp.3-29
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• 2018

The Federal Communications Commission voted to repeal net neutrality protections on December 14, 2017. This is the very opposite decision of the net neutrality rule that the Obama administration has consistently maintained. The ensuing storm from the repeal of net neutrality protections has an extensively effect enough on individuals and businesses to cover the entire spectrum, and the impact is hard to assess in the U. S. content industry, which dominates the worldwide Internet content and platform market. On the other hand, Korea's net neutrality protections have been firmly pursued, and there is no sign of change even after the decision happened in the U. S. Net neutrality is not a simple theme that is associated with the Constitution, such as freedom of expression, as well as the issue of network enhancement to prepare for 5G. Accordingly, this study examines how the net neutrality has been carried out in the U. S. and Korea over the years, and provides the issues of Internet enhancement, perspectives of ISP and ICP, and implications for the Constitution, market economy, fair competition and zero rating. This research delivers future direction and implications of domestic net neutrality policies.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.34 no.1
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• pp.317-327
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• 2014

This study focuses on developing railway facility charging scheme and more understanding of its corresponding regulations, which is to be utilized as a principal guideline toward a railway competitive market in future. European countries where railway competition is already in place have referred as case studies. The study first defined what the railway facility charges are based upon a spatial concept, railway networks with links and nodes. There are two types of charging: first is on railway tracks which are identical to links, and another at stations which are identical to nodes, such that the railway facility charges become a summation of track charges and station charges covering all the railway networks. Next, we have identified what the objectives of imposing track and station charges are, including factors being able to reflect each objective. 6 objectives are proposed as for the track charges, and 3 objectives as for the station charges. The factors found are accordingly belonged to the objectives. In the end, relevant regulations are compared with the European regime to diagnose what further requirements or/and principals have to be guided into them. In summary, both charging scheme and the direction of regulation updates can be utilized in setting an appropriate charging scheme and corresponding regulations to ensure fair competitions.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.2
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• pp.103-114
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• 2020

On-arrival duty free will prevent Korean outbound passengers from keeping the duty free items they purchased at the departure during their travel. Most Korean tourists have requested the airport authority to install on-arrival duty free since the grand-opening of Incheon int'l airport. Considering the fierce hub airport competition in the North East Asian region, the Korean government's decision to install on-arrival duty free is regarded as a well-timed intervention. The purpose of the research was to analyze sales correlation based on a comparison of sales of both departure and on-arrival duty free and to propose an administrative implication. Compared to business conglomerates running departure duty free, on-arrival duty free operators, who are small or medium companies, have weakness in product composition, marketing, and merchandising capabilities. According to the analysis, outbound passengers, who purchased fashion accessories and leather products at the departure duty free, tended to purchase cosmetics/perfume or liquor on the arrival duty free. Such complementary purchasing behavior of passengers showed there is barely a negative correlation between departure and on-arrival duty free.

• Asia-Pacific Journal of Business
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• v.2 no.1
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• pp.91-114
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• 2011

The market size of e-Commerce in Japan was 15 trillion Yen in 2006, and B2C Internet shopping sales were over 6.57 trillion in 2009. Lakuten is a representative Internet shopping company whose market share is 45%. Lakuten has over 70,000 online stores and Japanese shoppers trust them based on the fair competition rule and pre-control system on e-commerce. Japanese consumers accept new technology rapidly and highly use Internet and mobile channel. This research analyse online shopping behaviors of Japan, a big e-commerce market. Internet shopping intention, satisfaction, and recommendation by Internet shopping motivations, perceived risks, shopping innovativeness were analyzed. A questionnaire survey of 464 Japanese consumer was performed and ANOVA, factor analysis, reliability test have done by SPSS 12.0. As the results, Internet shopping intentions were higher in groups of olders, higher innovativeness. House wives' satisfaction of Internet shopping is highest. High innovativeness group showed higher internet shopping motivation of economics, connivence, hedonic, and social. Student, women, and low income group perceives high risks to Internet shopping. Implications and further researches were suggested based on the results.