• Title/Summary/Keyword: Fair Competition

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The Arbitrability of the Subject-matter of a Dispute on the Antitrust Law (독점규제법 관련분쟁의 중재의 대상적격)

  • Kang, Su-Mi
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.41-65
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    • 2010
  • It is a matter for debate that which types of dispute may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. National laws establish the domain of arbitration. Each state decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. For the promotion of fair and free competition, it is increasingly wide-ranging antitrust legislation across the world. It is matter for debate what can an arbitral tribunal do when confronted with an allegation that the contract under which the arbitration is brought is itself an illegal restraint of trade or in some other way a breach of antitrust law. The underlying question is how to accommodate the conflicting congressional policies favoring resolution of private controversies by arbitration and encouraging private suits to protect the public interests served by the antitrust laws. It is necessary to inquire into the arbitrability of antitrust issues on case-by-case basis, because the types of them are quite diverse. If antitrust issues are the dispute in private laws and the contracting parties agreed to submit to arbitration disputes which have arisen or which may arise between them in the antitrust issues, the antitrust disputes are arbitrable. Not only international antitrust disputes but also domestic antitrust disputes are capable of being resolved by arbitration. When the public interests in the enforcement of antitrust legislation are asserted, it is possible to justify the annulment or the refusal of the recognition or the enforcement of an arbitral award that ignores public policy as a matter of it.

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Study on the Solution to the Excessively Transferring Labor Forces in China's New Rural Building (중국 신 농촌 건설에 있어서 농촌 잉여 노동력에 대한 해결방안 연구)

  • Wang, Yong-Le;Fan, Ping;Sim, Moon-Bo
    • The Journal of the Korea Contents Association
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    • v.9 no.12
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    • pp.222-234
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    • 2009
  • How to make use of the surplus labor force is the key problem referring to success or failure of new rural building in China. The purpose of the paper is to know exactly that what the problems to the development in the rural area, especially the problem of the rural labor force. The way to solve rural labor force question is to protect the rights of peasants, eliminate the extant city and rural's partitioning pattern and give them the same treatment. Firstly, it should dominate the city and rural economic society's development; Secondly, it should dominate the markets in city and rural, and speed up the fair competition in employment; Thirdly, it should dominate the infrastructural facilities in city and rural; Fourthly, it should dominate the education and social enterprises in city and rural; Fifthly, it should dominate the social security system in city and rural. It should also enlarge the investment of funding, science technology, talented person and management. This is the only way to solve the problem of rural labor force outlet.

The Public Choice Analysis of Korean Mobile Telecom Policy (이동통신정책의 공공선택 분석)

  • Shin, Jin
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.19 no.3
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    • pp.493-499
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    • 2015
  • In Korea mobile phone subscribers exceeded 1 million people in 1995, and ten million people in 1998. Prevalence of the mobile phone increased dramatically over 110% compared to the population. Almost every family members including children uses more than one mobile terminal. Mobile phone is obviously more necessary good than washer, vacuum cleaner and passenger car. Our daily life are conveniently positioned with mobile communication, but communication related costs including the price of the device and service charges become a big burden on the household. But the government does not seem to do the right role at the right time to prevent the market failure to maximize consumer welfare and social welfare through supporting fair competition. This principal-agent problem issues of mobile communication policies will be understood in perspective of public choice against joint use of the mobile communication network, number portability, separation of phone distribution and phone service, network neutrality, mobile phone subsidy since the early 1990s when mobile phone service was introduced in Korea.

Improvement of Construction Manager Selection Method (건설사업관리자 선정방식 개선 방안)

  • Park, Yong-Woo;Lim, Nam-Gi
    • Journal of the Korea Institute of Building Construction
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    • v.11 no.2
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    • pp.108-115
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    • 2011
  • This study investigates the construction management selection methods for fair competition within the construction management market by analyzing the current status of domestic construction management, the 2010 publication on the status of construction management, and the construction management evaluation criteria. Also, the 2009 publication of top CM service establishments, the average proportion of tender for 120 CM services from 2002 to 2010, and six assessment results which are open to the parties directly involved were statistically analyzed to review the adequacy of the evaluation criteria. This analysis shows that the evaluation criteria for the CM service impedes the development of the construction management industry and companies, since the criteria are decided by the service payment, and the technical skills assessed by technical proposals have no ties with contract prices. Therefore, this study proposes an improvement of the selection methods in accordance with the project characteristics and the technical requirements. However, more research is still needed to derive a detailed classification method of the technical requirement, the owner's evaluation criteria selection, and the preparation of an institutional foundation for the construction manager's post-evaluation.

Arbitration Method of Beacon Transmissions in a Positioning System for Ubiquitous Computing (유비쿼터스 컴퓨팅을 위한 측위시스템에서 비콘의 전송 중재 기법)

  • 송문규
    • Journal of the Institute of Electronics Engineers of Korea TC
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    • v.41 no.10
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    • pp.35-43
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    • 2004
  • An arbitration method is proposed to resolve a collision and arbitrate beacon transmissions in an indoor Positioning system consisting of multiple beacons and listeners. Although two or more beacons may compete to transmit signals simultaneously, a single winner in the competition is determined autonomously through the arbitration process while they are transmitting. So, it can continue to send its data, but the others give up their transmissions during the arbitration process. As a consequence, update rate for location information and channel utilization can be improved by avoiding that all beacons fail due to a collision. Once a beacon succeeds in transmitting its signal, a low-level priority is assigned to it. And a high-level priority is allocated to a beacon which gave up its transmission during arbitration process. This will guarantee every beacon has fair transmission opportunity with the arbitration method. As no centralized control is required among beacons, a Positioning system can still be easily deployed and expanded with this arbitration method.

The Design of Optimized Fuzzy Cascade Controller: Focused on Type-2 Fuzzy Controller and HFC-based Genetic Algorithms (최적 퍼지 직렬형 제어기 설계: Type-2 퍼지 제어기 및 공정경쟁기반 유전자알고리즘을 중심으로)

  • Kim, Wook-Dong;Jang, Han-Jong;Oh, Sung-Kwun
    • The Transactions of The Korean Institute of Electrical Engineers
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    • v.59 no.5
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    • pp.972-980
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    • 2010
  • In this study, we introduce the design methodology of an optimized type-2 fuzzy cascade controller with the aid of hierarchical fair competition-based genetic algorithm(HFCGA) for ball & beam system. The ball & beam system consists of servo motor, beam and ball, and remains mutually connected in line in itself. The ball & beam system determines the position of ball through the control of a servo motor. Consequently the displacement change of the position of the moving ball and its ensuing change of the angle of the beam results in the change of the position angle of a servo motor. The type-2 fuzzy cascade controller scheme consists of the outer controller and the inner controller as two cascaded fuzzy controllers. In type-2 fuzzy logic controller(FLC) as the expanded type of type-1 fuzzy logic controller(FLC), we can effectively improve the control characteristic by using the footprint of uncertainty(FOU) of membership function. The control parameters(scaling factors) of each fuzzy controller using HFCGA which is a kind of parallel genetic algorithms(PGAs). HFCGA helps alleviate the premature convergence being generated in conventional genetic algorithms(GAs). We estimated controller characteristic parameters of optimized type-2 fuzzy cascade controller applied ball & beam system such as maximum overshoot, delay time, rise time, settling time and steady-state error. For a detailed comparative analysis from the viewpoint of the performance results and the design methodology, the proposed method for the ball & beam system which is realized by the fuzzy cascade controller based on HFCGA, is presented in comparison with the conventional PD cascade controller based on serial genetic algorithms.

Examination of Public Interests and Regulatory Framework of Pay TV Industry (유료방송시장의 공익성 개념과 정책 기조 분석)

  • Do, Joonho
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.17 no.3
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    • pp.215-226
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    • 2017
  • This study examines the concept of public interests in pay TV industry and analyzed the regulatory framework of the industry. The concept of public interests such as diversity, localism and quality which are mainly discussed in the context of over the air broadcasting extends to universal access, fair competition and consumer protection as pay TV industry grows. However, there is a lack of concrete implementation of public interests in regulatory framework and coordination of public and industrial interests was not accomplished. Major policy that regulates the pay TV industry carries out without big picture. Policy implementation without long term plan results in hierarchical regulation model and it produced consistency problem. In the process of implementing policy in pay TV industry public interests and industrial interests discussion is mixed and sometimes it played exaggerated role.

Case Study on a French Commercial Film Production (프랑스 상업영화 제작 사례 연구)

  • ROH, Chul-Hwan
    • Trans-
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    • v.1
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    • pp.141-166
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    • 2016
  • France owns a unique film production process with the big share of public funding. In its background there is the most developed film support scheme in the world. We consider the French film industry has the fair competition order than any other country. This study follows the French film production process from the project planning to film screening. It looks into various aspects French cinema: production scale of French films, investment/production agreement, actors casting, decision of the film budget, major investors, staffs' wages and collective convention, screening, overseas sales and profit-sharing. It aims to get across the French film industry, especially the film production sector. As a case study, we choose a romantic comedy, Heartbreaker(L'Arnacœur) made in 2010. This study presents a French film industry structure. It will give you some hints to reconsider the existing problems of Korean film industry, for example, screen monopoly, vertical integration of conglomerates, poor secondary market, low earnings rate… etc.

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Study on Practical Evaluation for Sustainability in Textile and Fashion Companies (섬유·패션기업의 지속가능성 실천 평가 연구)

  • Syn, Hye-Young;Geum, Key-Sook
    • Journal of the Korean Society of Clothing and Textiles
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    • v.38 no.2
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    • pp.137-146
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    • 2014
  • The practice of sustainability is an important subject to integrate into the management, product planning, manufacturing by textile and fashion companies as well as consumption by end-users. This study shows an evaluation scale designed to assess the practical cases in order to suggest efficient and systematic methods to fulfill the practice of sustainability in textile and fashion companies. First, companies should practice environmental sustainability to use eco-friendly material and cleaner production, protect the environment, and save natural resources. Second, social sustainability is required to fulfill social responsibility and ethical needs. Third, companies should perform various innovative activities, transparency in management, fair competition and economic contribution in the local community in order to maintain economic sustainability to survive in industry. Finally, cultural sustainability should be fulfilled by textile and fashion companies as part of the intellectual-cultural industry in a way that increases the importance of ethnic and cultural diversity. Textile and fashion companies should fulfill four environmental, social, and economic cultural sustainable subjects in a balanced method to accomplish sustainability. The concerns and practices of environmental sustainability are comparatively highly rated due to the analysis of the evaluation scale. However, cultural sustainability (a need of the times) is poorly rated and needs more attention. Therefore, the evaluation scale can be used as a standard tool to fulfill the sustainability of companies and brands from the viewpoint of improving poor and insufficiently sustainable items as well as balancing sustainability management.

A Study on Construction of Platform Using Spectrum Big Data (전파 빅데이터 활용을 위한 플랫폼 구축방안 연구)

  • Kim, Hyoung Ju;Ra, Jong Hei;Jeon, Woong Ryul;Kim, Pankoo
    • Smart Media Journal
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    • v.9 no.2
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    • pp.99-109
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    • 2020
  • This paper proposes a platform construction plan for the use of spectrum big data, collects and analyzes the big data in the radio wave field, establishes a linkage plan, and presents a support system scheme for linking and using the spectrum and public sector big data. It presented a plan to build a big data platform in connection with the spectrum public sector. In a situation where there is a lack of a support system for systematic analysis and utilization of big data in the field of radio waves, by establishing a platform construction plan for the use of big data by radio-related industries, the preemptive response to realize the 4th Industrial Revolution and the status and state of the domestic radio field. The company intends to contribute to enhancing the convenience of users of the big data platform in the public sector by securing the innovation growth engine of the company and contributing to the fair competition of the radio wave industry and the improvement of service quality. In addition, it intends to contribute to raising the social awareness of the value of spectrum management data utilization and establishing a collaboration system that uses spectrum big data through joint use of the platform.