• Title/Summary/Keyword: Fair transaction

Search Result 37, Processing Time 0.024 seconds

The Devices for Improvement against the Precedents about unfair Transactions in the Security Industries (경비업계에 있어서의 불공정거래의 사례 개선방안)

  • Kim, Tae-Wan
    • Korean Security Journal
    • /
    • no.11
    • /
    • pp.37-60
    • /
    • 2006
  • The area of security service has been maintaining the high growth curve annually by improving security consciousness from increase of the income and the progress of public services's level by the accomplishment in the info-communication field, recently the demand for unmanned security system is extended form commercial purposes into public offices and individual's houses. In addition to, the possible distance of offering services is scheduled to magnify. At the period when security company's influence has been becoming significant, the injustice transaction is the serious factor which obstructs the development of security companies. Therefore, it is urgent thing to devise counterplans to extirpate injustice transactions. There are the legalistic approaches of the breakthroughs against injustice transactions. One thing is settling the standard of the judgment and the other is renovating the provision of injustice transactions. Utilizing the principles of the fair competitions and importing self-obedience programs within the range of trade actions which is permitted by law, acted as the system approach. Moreover, there are such three things which can achieve mutual balances as establishing the range of the permitted action toward business corporations, applying spontaneously the fair competition principles and introducing the system of standard agreements. Gong further, this can establish order of security service areas and control them. Besides, it is possible for every organizations to make and operate the system appropriately by importing the self-observance system.

  • PDF

지적재산의 취득과 실시에 관한 경쟁정책 : 기술혁신 시장 이론

  • 권용수
    • Proceedings of the Technology Innovation Conference
    • /
    • 1996.12a
    • /
    • pp.196-238
    • /
    • 1996
  • Because global innovation-based competition is increasing and the amount of R&D expenditures becomes severely large, it is more likely that mergers and collaborative ventures tend to affect adversely to R&D competition Against this trend, enforcing agency of advanced countries including U.S.A are reassessing certain aspects of competition policy toward mergers and acquisition to ensure that procompetitive, efficiency-enhancing transactions are permitted. The role of competition policy is developing and appropriating new technology and protects the risks involved in the licensing contract of technologies. The role of intellectual property rights is also contrived to promote technological innovation and to increase consumer welfare. That is to say, dynamic efficiency of intellectual property rights includes (l) increase in social welfare and (2) promotion of growth by improvement of quality through invention and commercialization of new product as well as enhanced productive efficiency thorough appropriating new process. Because intellectual property rights are licensed to make use of complementary inputs, the rule of reason approach seems proper when applying antitrust law. To analyze the "Antitrust Guidelines for the Licensing and Acquisition of Intellectual Property"by DOJ and FTC in U.S.A, the author surveyed pros and cons on innovation market approach. This approach will only be used in a narrow range of situations when the evidence is solid, concentration numbers are extremely high, and the agencies can predict with a high degree of certainty that the merger will likely lead either to a slowing in the pace of innovation or the loss of an alternative research track that is likely to lead to a product beneficial to consumers. The author introduces the studies on licensing contract of intellectual property rights and competition polices on behalf of potential inquirers. Also the author invites the interdisciplinary researchers to analyze further with a model on the aspects of the "Notice 1995-10 for Types and Criteria on Unfair Transaction Behavior in International Contracts" by Fair Trade Committee of Korea.

  • PDF

On The Licensed Dealer in Landing Markets (중매인에 관한 연구)

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

  • PDF

Reliable e-Commerce Model on P2P Environment (P2P 환경에서 신뢰성 있는 e-Commerce 모델)

  • Shin Jung-Hwa;Rhee Kyung-Hyune
    • Journal of the Korea Institute of Information and Communication Engineering
    • /
    • v.8 no.8
    • /
    • pp.1760-1768
    • /
    • 2004
  • A P2P is a method that can share and exchange on digital resources through a direct connection on personnel without a central server. In this paper, we apply a P2P technology to a traditional electronic commerce method so that a seller and a customer can perform a commercial transaction through a direct communication. As such a result, we propose a new e-Commerce model on P2P environment to assure fairness in commercial transactions. To achieve our goal, we put an escrow server which is responsible for guarantee fair contents delivery and payment for the contents between a seller and a customer. When a customer buys content, he first obtains reputation values implicating reliability for the content and refers to these values to determine purchase. The proposed scheme, we can improve the reliability for the purchasing content and provide the fairness to both a seller and a customer simultaneously.

석유제품 혼합판매 활성화 방안

  • Yun, Won-Cheol;Son, Yang-Hun
    • Environmental and Resource Economics Review
    • /
    • v.21 no.2
    • /
    • pp.417-439
    • /
    • 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.

  • PDF

Various Issues on International Guarantee (국제적(國際的) 보증(保證)의 제문제(諸問題))

  • Suk, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.17
    • /
    • pp.7-35
    • /
    • 2002
  • In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

  • PDF

Gratification Obtained from Telephone Use and Characteristics of Telephone as Interpersonal Communication Medium (전화의 이용과 충족 그리고 대인매체로서의 전화의 속성: 이동전화, 면대면 채널과의 비교를 중심으로)

  • Bae, Jin-Han
    • Korean journal of communication and information
    • /
    • v.18
    • /
    • pp.131-164
    • /
    • 2002
  • Despite the ubiquity of telephone, the medium has received far less scholarly attention than it should deserve. This study begin with the purpose of fair appraisement of telephone in Korean social communication. To accomplish this purpose, the gratification obtained from telephone, the appropriateness of it as interpersonal communication medium and communication network through telephone were studied. The related raw data were collected from on-line survey process, and statistically analyzed. The result showed sociability, information, transaction, entertainment, emergency, and reassurance are gratifications obtained from telephone use. Younger persons tend to have more positive attitude to mobile phone as interpersonal communication medium. Particularly when the seniors are interpersonal communication partner and impending task is advice or request, younger persons tend to perceive mobile phone more appropriate than the elder persons do. And mobile phone deepens 'communication endogamy' of our society, especially in the youth. Thus, it is plausible to predict that mobile phone will be more important in social communication of our society when the youth become the mainstream of our society.

  • PDF

Conflicts between Protected Franchise Territory and Unrestricted Delivery Trading Area

  • LEE, Soo-Duck
    • The Korean Journal of Franchise Management
    • /
    • v.11 no.1
    • /
    • pp.45-60
    • /
    • 2020
  • Propose: The expansion of the delivery market in franchise business is a positive means of advertising and promotion for franchisees and contributes to substantial sales growth for stores. However, unrestricted and uncontrolled delivery sales and business activity of franchisee directly lead to encroachment of business territory between franchisees, resulting in increased operating costs of franchisees and conflicts between franchisees over rights and interests on franchise business. Moreover, in relation to the restrictions on the opening of competitors, it is incapacitating the law intent of prohibiting unfair encroachment of business territory, in the issue of the Fair Franchise Act in regard to guarantee of exclusive sales and business activity rights of franchisee. This study aims to point out major problems arising out of franchisee's infinite competition on delivery sales and business activity that are not restricted or controlled and then suggest legal supplements, policy tasks, and practical implications for improvement on the issues. Literature Review: In franchising business transactions, vertical restraints are associated with the exclusive territory establishment, control of transaction area, restriction of intangible sales and business activity of franchisee. Therefore, in the franchise business, it is necessary to take positive interpretation and application on e-commerce, the area of e-commerce, and delivery trading area and find proper and practical ways, by virtue of constructive attitude of each actor, to reduce the encroachment of business territory and various conflicts caused by unrestricted delivery trading area. Conclusion and suggestion: The finding shows that unrestricted or uncontrolled delivery sales and business activity of franchisees cause encroachment of business territory and many conflicts among franchisees. And this matters also weaken the legislation of the law on the protection of the business territory and can be negative factors that disrupt the protection of identity and sound development of the franchise industry in the long run. Therefore, in the franchise business, it is necessary to take positive interpretation and application on e-commerce, the area of e-commerce, and delivery trading area and find proper and practical ways, by virtue of constructive attitude of each actor, to reduce the encroachment of business territory and various conflicts caused by unrestricted delivery trading area.

A study on Analyzing Domestic Cargo Transportation Platform Service Using the IPA Technique (IPA 기법을 활용한 국내 화물 운송중개 플랫폼의 실증분석)

  • Ho-Yeon Yoon;Hyang-Sook Lee
    • Korea Trade Review
    • /
    • v.48 no.1
    • /
    • pp.243-261
    • /
    • 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.

Questionnaire Survey on the Proposed Amendments to the Corporate Tax Law in Alignment with the Full Adoption of the International Financial Reporting Standards in Korea (국제회계기준 도입에 따른 법인세법 개정방향 -재정부 발표 개정안에 대한 세무사 대상 설문조사-)

  • Jang, Ji-Kyung
    • The Journal of the Korea Contents Association
    • /
    • v.10 no.10
    • /
    • pp.334-350
    • /
    • 2010
  • This study aims at investigating the possible effects on the tax accounting practices stemming from adopting the IFRS in financial reporting process. It also seeks for policy implications to help alleviate practical conflicts likely to arise from the inconsistencies between the existing tax law and the tax related IFRS provisions. The results of the survey analysis are summarized as follows: firstly, majority opinion is opposed to the fair value based revaluation of property assets as well as the application of immediate recognition of foreign currency translation gains/losses. It favors the existing provision on asset securitization which adopts sales transaction view. Secondly, most of the respondents oppose the proposed amendments which allows dual classification of lease contracts on the ground. Third, functional currency appears acceptable on a conceptual level, even though a deep concern is expressed regarding the practical feasibility of computing taxable income using financial statements translated on the basis of functional currency on a practical viewpoint. Fourth, many respondents support the existing convention of recognizing depreciation expenses for taxation purposes and are in favor of the separation of accounting and tax books on a long-term basis. Fifth, the majority opinion approves the maintenance of existing tax reconciliation system and the recognition of expenses related with the doubtful accounts on reporting basis. Finally, a concern is raised with regard to the added burden of practical job loads needed to comply with the proposed amendments.