• The Journal of Information Technology
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• v.4 no.2
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• pp.137-154
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• 2001

Years in preparation, the revised law on Foreign Trade Law of Korea came into effect on March 1, 2001, adopted at the Congress on June 17, 2000. The purpose of this Act is to contribute to the growth of the national economy by means of contriving to maintain the balance of international payments and to expand commerce, and through promoting foreign trade and establishing fair trade system. Particular, revised Foreign Trade Law of Korea shall be based on the general provisions on transactions of exports or imports and measures for promotion of electronic Trade. Because electronic trade is not bound by physical geography provides a fundamentally new way of conducting commercial transactions, therefore Korea importers and exporters need to be aware of the character and problems that may occure from what was above-mentioned revised Foreign Trade Law of Korea. In the thesis, i tried to explain and survey the character and evaluation of revised Foreign Trade Law in Korea with particular attention to revised frameworks for electronic commerce on focus legal and commercial problems.

• Journal of Korea Fair Competition Federation
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• no.155
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• pp.18-33
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• 2011

<경쟁저널> 제155호부터 '해외 경쟁법 주요 심판결 사례 해설'을 연재합니다. '해외 경쟁법 주요 심판결 사례 해설'은 필자인 경북대학교 최승재 교수가 우리 경쟁법 커뮤니티에게 시사 하는 바가 크다고 판단하는 다양한 해외 경쟁법 심판결 사례들을 소개하고 정리하면서, 경쟁법에 대한 적용 및 이해의 다양한 폭을 넓히게 될 것입니다. 이번 호는 연재의 첫 회로 Princo Corp. v. International Trade Comm'n, No. 2007-1386 (Fed. Cir. Aug. 30, 2010) 사건을 소개합니다. 이 사건은 미국 연방항소법원(CAFC)의 전원합의체 사건으로, 지식재산권과 경쟁법 간의 교착지점에서 의미 있는 사건으로 주목할 필요가 있습니다.

• Journal of the Korean association of regional geographers
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• v.21 no.1
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• pp.137-152
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• 2015

The purpose of this research is to reveal the problems of the Western based development discourse, and to derive the future direction of postdevelopment as sustainable development. This study attempted to reveal the historical process of formation and change on development discourse. Development generally regarded as the overcome of underdevelopment, inducing the marginalization of the South as a place to follow the development model of the North. State based development discourse (Keynesian development discourse) focused on the growth by industrialization, and the supreme aim of the South was to overcome the underdevelopment. Neoliberalism development discourse emphasized on the market principle based on free competition which was recognized as the best way to provide development. However, neoliberalism discourse has been criticized for the concentration of power and inequality of class, causing on the consideration of postdevelopment because of its emphasis on growth rather than distribution and life value. This research revealed the ways of postdevelopment with fair trade and ethical consumption. However, fair trade and ethical consumption discourses clearly show somewhat limitation subsuming into neoliberal development discourse. In this respect, future ways for postdevelopment have to consider the overcoming of powers based on market and capital, and to orient into the value of redistribution in development process.

• 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.

• Korean Journal of Construction Engineering and Management
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• v.24 no.2
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• pp.50-58
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• 2023

Bid-rigging is a common issue in public construction projects, and appropriate sanctions are required from the relevant authorities. This study analyzes the need for an optimal enforcement model to prevent bid-rigging by considering both civil and criminal aspects. Recently, there have been overlapping sanctions under the Fair Trade Act, such as fines imposed by the Fair Trade Commission and civil lawsuits filed by the client for damages. The purpose of this study is to evaluate the effectiveness of penalty surcharges and compensation systems for preventing bid-rigging, and to consider the possibility of overlapping sanctions in public construction projects. It was found that overlapping sanctions under the Fair Trade Act can be helpful in improving the system. However, in cases where the state is the plaintiff for damages in a lawsuit, it is necessary to consider the penalty surcharge and sentence, reduce the penalty surcharge for joint acts, refund the surcharge after a final judgment, and consider the damage compensation system when imposing a surcharge. This study contributes to the development of an efficient enforcement model to suppress bid-rigging in public construction projects by analyzing the improvement effects of sanctions and compensation.

• Fashion & Textile Research Journal
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• v.11 no.4
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• pp.566-573
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• 2009

The purpose of this paper was to collect the information of textile and fashion trade show exhibiting such as the exhibition objectives, trade show selection criteria, reasons for not exhibiting, and exhibition performance. The data were collected from textile and fashion companies which participated in the Preview in Daegu or Seoul Fashion Sourcing Fair, or through the Research Company. The results showed that the most heavily weighted factor among reasons for not exhibiting was "high cost" and the most important exhibiting objective was "identifying the need and the preference of potential customers". "The quality and the quantity of sales lead" was ranked highly among exhibiting selection criteria. Also, the future of exhibition industry was also recognized positively and "effective PR and marketing activities" was assigned high importance among services provided by the organizer.

• Journal of Convergence for Information Technology
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• v.12 no.4
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• pp.270-277
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• 2022

Today, due to the serviceization of the economy, volume and position Global trade in Services have gradually increased. Stable and fair trade can be achieved through solid international trade law. Multilateral discussions on service trade agreement have been stagnant, but have recently shown considerable outcome. Service trade agreement(GATS) deal with various service trade barriers in member countries that hinder free trade in services. Recently, a group of WTO members have established the 「Joint Initiative on Services Domestic Regulation」. The agreement aims to ensure that licensing and qualification requirements and procedures, as well as technical standards do not constitute unnecessary barriers to services trade. This study is to understand the type and statistics of service trade barriers that affect actual service transactions. At the same time, It aims to examine the progress of discussions on multilateral service trade agreement for resolving service trade barriers.

• Journal of the Korean Society for Library and Information Science
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• v.41 no.2
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• pp.277-289
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• 2007

International book fairs are business enterprise to promote and facilitate international trade of copyright. National reading improvement policies, on the other hand, are supposed to be made to maximize the role of national and regional libraries, not just to boost publication industry. However, Korean government authorities of the reading improvement policies and the Organizing Committee of the Seoul International Book Fair have mapped out and, in effect, carried out their plans as if reading improvement policies are closely related to hosting international book fairs. It is important to realize that hosting book fair has pecuniary motives while making policies for reading improvement must be feared toward the betterment of the general public by reading. In this respect, this study has attempted to point out the problems of the Seoul International Book Fair that are regarded as to relate to reading improvement.

• 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.

• Korean Journal of Construction Engineering and Management
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• v.23 no.1
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• pp.16-27
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• 2022

This study analyzed both the legal system regarding fair trade and the types of unfair trade in the construction industry. Then, it derived the factors with which to evaluate the level of fairness. These factors were classified by each type of participant in the construction industry, such as general contractors and subcontractors, and each construction stage, such as bidding, contracting, and construction. The perceived fairness level of factors was analyzed using a survey of 238 employees of general contractors and subcontractors. Next, the study developed a fairness index for the construction industry. The index showed that subcontractors perceived the level of fairness more negatively than general contractors, but both perceived the construction stage of the industry as having the lowest level of fairness. General contractors perceived the bidding and contracting stages as having the highest fairness levels, and subcontractors perceived the contracting stage as having the highest level of fairness. The developed fairness index identified the evaluation factors that need improvement and the fairness level perceived by each type of participant at each stage of construction. The results of this study can contribute to establishing measures that improve the level of fairness in the construction industry.