• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.3-23
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• 2009

The meaning of Good faith is honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled. The term is applied to all kinds of transactions. According to the CISG only regulated Art. 7. that is in the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade (1) and questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law (2). In the other hand PICC is related to the good faith and fair dealing, each party must act in accordance with good faith and fair dealing in international trade (1) and the parties may not exclude or limit this duty (2). Good faith of PECL is these principles should be interpreted and developed in accordance with their purposes. In particular, regard should be had to the need to promote good faith and fair dealing, certainty in contractual relationships and uniformity of application. Further more regarding to the good faith and fair dealing, same to the PICC regulations.

• Clinical and Experimental Pediatrics
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• v.51 no.5
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• pp.447-451
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• 2008

It is fair to say that there are many ethical issues concerning the publication of medical papers. To define the best practice in the ethics of scientific publishing and a proper understanding of appropriate reporting in medical papers, this review should be useful for authors dealing with ethical issues which involve the protection of human and animal rights, the protection of confidentiality and informed consent, fabrication, falsification, plagiarism, author and authorship, copy right transfer, duplicate publication, conflict of interest, and dealing with misconduct cases.

• KDI Journal of Economic Policy
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• v.14 no.3
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• pp.23-48
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• 1992

The Korea's Consumer electronics industry has exhibited a spectacular growth in the last three decades, expanding into one of the most important industries in Korea in many respects. One interesting aspect of the industry is the dominant role played by the Big Three of the industry, Gumsung, Samsung, and Daewoo. Since 1984, the three companies have accounted for about 90% of the sales in key items such as color TV, VTRs, refrigerators, and washers. The Big Three not only dominated the manufacturing stage, but also the distribution stage of the industry through their networks of exclusive dealers that constitute the major part of the distribution market. In this study, we analyzed the effects of the exclusive dealing by the Big Three on the efficiency of the Korean economy. We find that exclusive dealing by the Big Three could seriously constrain competition in both the manufacturing and distribution stages of the industry. Exclusive dealing by the Big Three effectively forcecloses the market for most other manufacturers as well as deterring entry into the manufacturing stage by potential entrants. Further, it impedes the growth of distributors that achieve the economies of scale and scope and restricts competition by the Big Three. In contrast, we could find little evidence that exclusive dealing by the Big Three is pro-competitive or enhances welfare. As a remedy to this problem, we suggest that the Fair Trade Commission of Korea should regulate the exclusive dealing by the Big Three, thus opening the door for the growth of distributors that are not bound by an exclusive dealing relationship with any of the Big Three. Put differently, we urge the Korean Fair Trade Commission to apply the Article 23 (5) to the exclusive dealing by the Big Three. Article 23 (5) that states that unfair restrictive dealing is illegal has never been clarified by the FTC. We believe that our analysis could also serve as a basic for the clarification of the article in general.

• Journal of Distribution Science
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• v.14 no.12
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• pp.43-51
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• 2016

Purpose - The purpose of this paper is to discuss success factors behind ATO distribution channels by examining successful partnerships between producers and alternative trading organizations (ATOs). Research design, data, and methodology - This is a case study, an analytical approach, which illustrates how the partnership between producers and ATOs has strengthened the fair trade and the performance of participants in the trade based on the example of the trading relationship between Beautiful Coffee, an alternative trading organization dealing coffee related products, and the coffee cooperative union (CCU), a coffee producing cooperative in Gulmi, Nepal. Results - Beautiful Coffee in the partnership with HELVETAS empowered small coffee farmers by a successful institutionalization of CCU that consolidated the distribution channel to be more efficient. Also, Beautiful Coffee and its partnership with KOICA have tried to increase productivity and quality of coffee beans. Conclusions - The case of Beautiful Coffee demonstrates that the partnership between producers and alternative trading organizations (ATOs) has benefited the fair trade partners. In other words, Beautiful Coffee's partnerships with a NGO working in the local producing area, HELVETAS, and a government aid agency, KOICA could strengthen the relationship between the producers and the ATO, and thus contributes to the whole distribution channel.

• The Journal of the Korea Contents Association
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• v.11 no.10
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• pp.115-127
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• 2011

As broadcasting contents are recognized as a key competition means, there are issues raised such as improvement of terrestrial retransmission system, introduction of PAR in broadcasting market and so forth. Especially, in pay broadcasting market, strategic partership between SP and PP leads to contents exclusivity for competitors, which causes to hinder normal competition and limit viewers' right of access. Consequently, not only is it claimed that essential facilities doctrine should be adopted in broadcasting market, but also clause of content equal access in IP TV law and adoption of prohibited acts regulation can be viewed in the same context. However, adoption of essential facilities doctrine in broadcasting market is likely to be counterproductive because of the differences of philosophies, economies and legal systems on which general facilities and contents are based. Therefore, it is time for a essential facilities concept, a fundamental concept of a refusal to dealing of essential facilities, and basic works to review specific cases and precedents implemented in competition laws market This study aims to review and propose beforehand if adoption of essential facilities doctrine is appropriate for broadcasting contents.

• Survey Research
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• v.11 no.3
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• pp.57-79
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• 2010

This study evaluated the policy performance of i) Public Notice of Critical Information, ii) Substantiation of Facts in Labeling and Advertising, iii) Temporary Injunctions, and iv) Advertisement Correcting Misrepresented Facts, which were main policies belonged to Fair Labeling and Advertising Act(hereinafter referred to as "FLA Act"). The data was collected by visiting 76 persons personally, who were consumer policy and law experts, labeling and advertising staffs of corporations, and persons in charge of policies including public officials dealing with consumer policies at Korea Fair Trade Commission, while using a structured questionnaire at the same time. The survey was performed to examine the general policy performance and evaluation the results of FLA Act by evaluation methods. The results of the analysis are comprehensively summarized as follows. There were differences in the ranking of policies evaluated by labeling and advertising staffs of corporations and persons in charge of policies according to evaluation methods, and, in Simple Evaluation, higher scores were gained compared to Weighted Evaluation which reflected weighted values or Fuzzy Evaluation. The result shows that evaluation results can vary in policy performance evaluation according to evaluation methods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.135-178
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• 2014

The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.

• Korean journal of food and cookery science
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• v.16 no.2
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• pp.112-120
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• 2000

The purpose of this study was to examine the needs of high school students on foodservice. A survey from 8 high school foodservice operations in Seoul was undertaken and detailed information was collected from 538 high school students. Completed questionnaires were received from 3 self-operated and 5 contracted school foodservice operations. Statistical analyses were performed by SPSS including descriptive analysis and t-test. The 49.8% of the respondent students were male and 50.2% female. The whole students assessed the importance and performance of school foodservice as 4.18 and 2.83 out of 5 respectively, which suggests that the school foodservice needs to be improved. The Importance-Performance Analysis(IPA) used for obtaining information on high school foodservice management suggested that foodservice attributes with fair to poor performance but with high importance were sanitation of food, service of foodservice personnel, dealing with complaints and the reflection of students'opinion in menu.

• Environmental and Resource Economics Review
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• v.21 no.2
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• pp.417-439
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• 2012

Recently, the Korean government has announced a stream of countermeasures for stabilizing petroleum product prices. Especially, the Fair Trade Commission proposed a transaction guideline focusing on the petroleum-product blending. The main purpose of this study is to suggest the policy options to induce and promote petroleum-product blending. For this purpose, this paper describes the changes in domestic systems related to petroleum-product blending. In addition, it discusses the major topics for inducing and promoting petroleum-product blending. It would be prerequisites to alleviate or demolish the requirements of separate storage by supplier and exclusive dealing. These options would result in the price decreases at the stages of refinery and gas station. Due to the legal constraint of law revision, it should be also considered to increase more gas stations in wholesale marts and self or franchised independent gas stations.

• Journal of Sericultural and Entomological Science
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• v.13 no.1
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• pp.73-78
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• 1971

The purpose of this study is to find out the method of conditioned weight test by which the dealing weight of raw silk can be calculated from true fiber in order to do the fair trading. The results of this study were as follows. 1. It is more reasonable than the current test that conditioned weight as a dealing weigh can be calculated by boil-off and moisture regain which is a percentage of boil-on and moisture regain to net weight. Because the boil-off and moisture regain can show directly the amount of true fiber and reproductibility in raw silk. In this study the boil-off and moisture regain is to take dry weight after boiling-off from net weight. 2. To calculate the conditioned weight from boil-of and moisture regain it would be proper that the standard additional ratio is 44 per cent of dry weight after boiling-off. 3. Boil-of percent of the sizing sample skein used in the size test did not show a statistical significance comparing with the boil-off percent of sample skeins (24 skeins) which may represent that of a lot. To observe this result boil-off percent of the sizing sample skein may represent that of a lot. 4. In Korea if conditioned weight test substitute for test of boil-off and moisture regain, we make a profit of two billion won in a year at the current market-price.