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Outsider Trading Regulation under the Capital Markets Act (자본시장법상 외부자거래의 규제와 개선방안)

  • Chang, Kun-Young
    • Journal of Legislation Research
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    • no.41
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    • pp.367-399
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    • 2011
  • This Article examines the regulation of outsider trading under the Financial Investment Services and Capital Markets Act (the "Capital Markets Act"). Outsider trading occurs when a market participant who is not a traditional corporate insider trades securities based on either "inside" or "outside" nonpublic information. Unlike "inside" information, "outside" information is referred to as information not derived directly or indirectly from the issuer. "Outside" information includes both "corporate" and "market" information. "Corporate information" is information about events or circumstances which affect the company's assets or earning power. "Outside corporate information" is information about the company's assets or earning power not derived directly or indirectly from the issuer. "Market information" is information about events or circumstances which affect the market for a company's securities but which do not affect the company's assets or earning power. The Capital Markets Act prohibits both "temporary insiders" from using "corporate" information in trading securities and "outsiders" from using "market" information, such as (i) information regarding the initiation or discontinuance of a tender offer; or (ii) information regarding acquisition or disposition of stocks in bulk. However, the Act does not encompass circumstances (i) where an outsider trades securities based on confidential corporate information obtained through certain types of wrongful conduct; (ii) where an outsider trades securities based on corporate information obtained through eavesdropping; and (iii) where an outsider trades securities based on either outside corporate information or market information created by the outsider himself. In order to plug a few of the gaps left open in the law of outsider trading under the Capital Markets Act, this Article suggests that regulators adopt a relatively broad reading of the scope of ${\S}$ 178(1) of the Act, which is similar to SEC Rule 10b-5, to include outsiders with no relationship to the corporation that had issued the securities. Since ${\S}$ 178(1) of the Act does not require "deception" for liability, it would seem to evade the limitations imposed by the U.S. misappropriation theory. Key Words : Outsider Trading, Insider Trading, Material Nonpublic Information, the Capital Markets Act, Misappropriation Theory, Fiduciary Theory.

Inhibitory Effects of Cinnamon, Clove and Lemongrass Essential Oils against Biofilm Formation by Food Poisoning Bacteria (식중독 미생물의 biofilm 형성에 대한 계피, 정향 및 레몬그래스 정유의 억제 효과)

  • Kim, Hyeong-Eun;Kim, Yong-Suk
    • Journal of Food Hygiene and Safety
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    • v.36 no.5
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    • pp.430-439
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    • 2021
  • Essential oils with excellent antibacterial activity were used to study the inhibitory effect against the six types of food poisoning biofilms formed on the surfaces of polyethylene (PE) and stainless steel (SS) that are widely used for food processing instruments and containers. The antibacterial activity of 20 kinds of essential oils was tested using the disk diffusion method. The result showed the degree of antibacterial activity in the following order: cinnamon> clove> lemongrass> peppermint> pine needle (highest to lowest). The minimum inhibitory concentration (MIC) and minimum bactericidal concentration (MBC) of cinnamon and clove oil were in the range of 0.63-1.25 mg/mL and 1.25-2.50 mg/mL, respectively. The MIC and MBC of lemongrass oil were 1.25-2.50 mg/mL and 2.50-5.00 mg/mL, respectively, showing slightly less antibacterial activity. Although the preventive effect of three types of essential oils on the biofilm formation differed slightly depending on food poisoning bacteria, PE, and SS, it was found that the precoating of 0.5% cinnamon, clove, and lemongrass oil on the PE and SS affects the formation of biofilm. Increased essential oil concentration significantly inhibited the biofilm formation for all food poisoning bacteria (P<0.05), and biofilms of Listeria monocytogenes and Staphylococcus aureus were not formed when treated with 0.5% cinnamon and clove oil. The elimination effect of food poisoning bacteria biofilms formed on the surfaces of PE and SS differed depending on the type of food poisoning bacteria. Still, the biofilm elimination effect increased as the essential oil concentration increased, and the biofilm elimination rate of clove oil was generally high. Therefore, this study found that the cinnamon and clove essential oils (0.5%) are suitable natural materials that effectively prevent, inhibit, and remove the biofilms formed by the food poisoning bacteria on the surfaces of polyethylene and stainless steel.

The Present Situation and Challenges of the Russian Music Industry: Centered on the Digital Sound Sources (러시아 음악 산업 현황과 과제 - 디지털 음원을 중심으로 -)

  • Kwon, ki-bae;Kim, Se-il
    • Cross-Cultural Studies
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    • v.50
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    • pp.395-424
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    • 2018
  • The purpose of this paper is to examine the current situation and background of the Russian consumer music market, where digital music sources are making great strides in the noted recent years. In addition, music storage technology, media and change are considered together in this report. Moreover, Russia is the 12th largest music market in the world. The Russian music industry is following the recent trend of the global music industry, where the digital music market is growing rapidly on many different levels. The explosive growth of the digital sound sources in Russia's music industry is attributed to the explosive increase in available consumer downloads, streaming sound source service, and the increase in the number of digital sound sources using mobile technologies due to the development of the Internet. In particular, the sales of the available and accessible streaming sound sources are expected to grow explosively by the year 2020, which is expected to account for more than 85% of total digital music sales. In other words, the spread of smartphones and the resulting changes in the lifestyle of the Russians have created these changes for the global consumer of music. In other words, the time has come for anyone to easily access music and listen to music without a separate audio or digital player. And the fact that the Russian government's strong policy on the eradication of illegal copying of music is becoming an effective deterrent, as is also the factor that led to the increase of the share of the digital sound source to increase sales in Russia. Today, the Russian music industry is leading this change through the age and process of simply adapting to the digital age. Music is the most important element of cultural assets, and it is the beneficial content, which drives the overall growth of the digital economy. In addition, if the following five improvements(First, strengthen the consciousness of the Russian people about copyright protection; Second, utilizing the Big Data Internet resources in the digital music industry; Third, to improve the monopoly situation of digital music distributors; Fourth, distribution of fair music revenues; and Fifth, revitalization of a re-investment in the current Russian music industry) are effective and productive, Russia's role and position in the world music market is likely to expand.

Disaster Risk Assessment using QRE Assessment Tool in Disaster Cases in Seoul Metropolitan (서울시 재난 사례 QRE 평가도구를 활용한 재난 위험도 평가)

  • Kim, Yong Moon;Lee, Tae Shik
    • Journal of Korean Society of Disaster and Security
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    • v.12 no.1
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    • pp.11-21
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    • 2019
  • This study assessed the risk of disaster by using QRE(Quick Risk Estimation - UNISDR Roll Model City of Basic Evaluation Tool) tools for three natural disasters and sixteen social disasters managed by the Seoul Metropolitan Government. The criteria for selecting 19 disaster types in Seoul are limited to disasters that occur frequently in the past and cause a lot of damage to people and property if they occur. We also considered disasters that are likely to occur in the future. According to the results of the QRE tools for disaster type in Seoul, the most dangerous type of disaster among the Seoul city disasters was "suicide accident" and "deterioration of air quality". Suicide risk is high and it is not easy to take measures against the economic and psychological problems of suicide. This corresponds to the Risk ratings(Likelihood ranking score & Severity rating) "M6". In contrast, disaster types with low risk during the disaster managed by the city of Seoul were analyzed as flooding, water leakage, and water pollution accidents. In the case of floods, there is a high likelihood of disaster such as localized heavy rains and typhoons. However, the city of Seoul has established a comprehensive plan to reduce floods and water every five years. This aspect is considered to be appropriate for disaster prevention preparedness and relatively low disaster risk was analyzed. This corresponds to the disaster Risk ratings(Likelihood ranking score & Severity rating) "VL1". Finally, the QRE tool provides the city's leaders and disaster managers with a quick reference to the risk of a disaster so that decisions can be made faster. In addition, the risk assessment using the QRE tool has helped many aspects such as systematic evaluation of resilience against the city's safety risks, basic data on future investment plans, and disaster response.

A Study on the Current Situation and Direction of Social Work Field Practicum - Focused on Cyber University - (사회복지현장실습교육의 현황과 방향에 관한 연구 -사이버대학교를 중심으로-)

  • Bae, Na-Rae
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.12
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    • pp.197-211
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    • 2018
  • This is an exploratory study on the status of the social work field practicum at a cyber university. The purpose is to investigate the current situation and improvement plan of the social work field practicum. A qualitative analysis was conducted with 11 professors who have instructed the social work field practicum at cyber universities. The social work field practicum based on the experiences of the professors is investigated, and this paper analyzes the status according to students, schools, practitioners, and institutions. In order to improve the quality of the social work field practicum, factors for improvement were analyzed through the efforts of students, schools, the Korean social workers' association, institutional improvements, and social welfare instructors. The results of the study are as follows. Students, schools, and training organizations should recognize the importance of the social work field practicum and must strive for systematic and consistent education. It is also important to remember that a social worker is not a professional with simple qualifications, but an expert with a philosophy, values, and ideologies. The direction for improvement in the social work field practicum is as follows. When constructing a social welfare curriculum, the school should have a realistic curriculum and teaching method that can enhance the sense of the field. The student should not be qualified as a social worker only as a vague investment for the future, but should have the professional ability to serve clients as a social worker and to give professional help to clients, considering the best welfare service for human beings. Institutions should provide a place for students to integrate theory and practice in vital social welfare experiences as social workers. The Republic of Korea is now facing an age with one million social workers. In order to open the future of social welfare in Korea, we need united endeavors with government that can develop students as pre-social workers and establish universities, institutions, and their systems for a substantial social work field practicum.

Industrial Policy as a Development Strategy: Cuba' s Experience and Policy Implications (개발전략으로서 산업정책: 쿠바의 경험과 정책적 시사점)

  • Cin, Beom Cheol
    • International Area Studies Review
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    • v.22 no.3
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    • pp.3-27
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    • 2018
  • This paper analyzes Cuba's market-oriented reforms to alleviate essential problems with socialist countries such as soft budget constraints and incentive problems. It also discuss about effectiveness of industrial policy as a development strategy. The soft budget constraints and incentive problems resulted in the collapse of Soviet bloc and COMECON in early 1990s. After the collapse, Cuban economy suffered a steep dive, and national income tumbling down rapidly. Cuban faced serious shortages of food, gasoline, and other basic necessities of life. To halt and partially reverse economic downturn and dire austerity in the 1990's, the Cuban government made some partial reforms to the inherited Soviet system of cental planningand faced severe shortage in food, energy, and daily necessities. In response to the economic crisis. Cuba introduced economic reforms and implemented industrial policy as a development strategy as long as Cuba maintained a strong socialist country. Cuban government established the economic free zone law and attempted to induce foreign direct investment by implementing export-led industrial policy. Fiedel Castro approved the Law No. 165 "Free Zones and Industrial Parks", in 1996. However, Cuba's ESZ strategy seems to have failed because of the U.S. sanctions, but also because of Cuba's own policies, which do not allow foreign investors to hire workers directly and impose a high implicit tax on wages. By limiting advanced techniques of personnel and organization management, indirect employment can result in lowering work efforts and productivity of workers, and aggravating production efficiency in the ESZs. Another reason to fail comes from the double wage structure due to the double monetary-exchange rate system. Most of the high non-wage costs result from the double exchange rate system. Due to Cuba's imbalanced industry and production structures, concentrated labor force, and urbanization and centralization of agriculture production, the industrial transformation development model suggested by Lewis has not been successful unlike other Asian agriculture-led development model. Cuba has to overcome many difficulties in implementing industrial policy as a development strategy.

Analysis of the Characteristics of Container Ports in Busan Port Using Industrial Organization Approach (산업조직론을 활용한 부산항 컨테이너 하역산업의 특성 분석)

  • Ko, Byoung-Wook;Kil, Kwang-Soo;Lee, Da-Ye
    • Journal of Korea Port Economic Association
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    • v.37 no.3
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    • pp.117-128
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    • 2021
  • In order for the users (shipping firms and shippers) and suppliers (stevedoring firms) in the container terminal industry to win-win, it is necessary to have some appropriate diverse market conditions for the industry. This study analyses the basic conditions and demand and supply characteristics of the industry and investigates the market performance of Busan container ports. First, this article analyses the basic characteristics of demand and supply. As the demand characteristics, there are five ones such as 1) exogeneity of demand, 2) function as export/import transportation and hub for transshipment, 3) increase of users' bargaining power, 4) high substituting elasticity, 5) reduction of volume growth. As the supply characteristics, there are seven ones such as 1) inelasticity of supply, 2) homogeneity of stevedoring services, 3) over-supply, 4) adoption of cutting-edge stevedoring technology, 5) scale economy and impossibility of storage, 6) labor market rigidity, 7) enhancing port's role in SCM. In addition, this study conducts the so-called structure-conduct-performance analysis. For the structure analysis, 1) lacks of scale economy in stevedoring companies, 2) high entry barrier, 3) strengthening of shipping firms' bargaining power, 4) transitory permission scheme for tariff are analyzed. For the conduct analysis, 1) price discrimination between export/import and transshipment, 2) mid-term length of terminal use contract, 3) continuous investment in equipment, 4) low level of cooperation among terminal operating firms are derived. For the performance analysis, 1) inequality in profitability, 2) reduction of export/import cost, 3) delay in adopting cutting-edge technology, 4) idle equipment are analyzed. Following this logical flow, the hypothesis that the market structure influences the market conduct is tested based on the actual dataset. As a future agenda in the conclusion, this article recommends the so-called port industrial policy.

Analysis of Service Factors on the Management Performance of Korea Railroad Corporation - Based on the railroad statistical yearbook data - (한국철도공사 경영성과에 미치는 서비스 요인분석 -철도통계연보 데이터를 대상으로-)

  • Koo, Kyoung-Mo;Seo, Jeong-Tek;Kang, Nak-Jung
    • Journal of Korea Port Economic Association
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    • v.37 no.4
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    • pp.127-144
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    • 2021
  • The purpose of this study is to derive service factors based on the "Rail Statistical Yearbook" data of railroad service providers from 1990 to 2019, and to analyze the effect of the service factors on the operating profit ratio(OPR), a representative management performance variable of railroad transport service providers. In particular, it has academic significance in terms of empirical research to evaluate whether the management innovation of the KoRail has changed in line with the purpose of establishing the corporation by dividing the research period into the first period (1990-2003) and the latter (2004-2019). The contents of this study investigated previous studies on the quality of railway passenger transportation service and analyzed the contents of government presentation data related to the management performance evaluation of the KoRail. As an empirical analysis model, a research model was constructed using OPR as a dependent variable and service factor variables of infrastructure, economy, safety, connectivity, and business diversity as explanatory variables based on the operation and management activity information during the analysis period 30 years. On the results of research analysis, OPR is that the infrastructure factor is improved by structural reform or efficiency improvement. And economic factors are the fact that operating profit ratio improves by reducing costs. The safety factor did not reveal the significant explanatory power of the regression coefficient, but the sign of influence was the same as the prediction. Connectivity factor reveals a influence on differences between first period and latter, but OPR impact direction is changed from negative in before to positive in late. This is an evironment in which connectivity is actually realized in later period. On diversity factor, there is no effect of investment share in subsidiaries and government subsidies on OPR.

.A Study on Parents' Transnational Educational Passion in the Tendency of Globalization : The Potential and Limitations of Educational Nomadism (세계화의 흐름에서 학부모의 초국가적 교육열 - 교육노마디즘의 가능성과 한계를 중심으로 -)

  • Kim, So-Hee
    • Korean Journal of Culture and Arts Education Studies
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    • v.5 no.1
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    • pp.97-147
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    • 2010
  • Under the recent trend of globalization, a new proposal on education has not been able to avoid the request for multi-cultural trend. Furthermore, education has been exposed to circumstances which are far different from the previous situations in which global cooperation and intercultural understanding have been more emphasized. 'Educational Nomadism'is a metaphor of creating new value and significance of education. In fact, transnational education which could be a crisis and opportunity at the same time has recently been the mainstream throughout the world. In terms of education, Korea has encountered base hollowing-out in which excessive dependence on the US education and autonomous education coexist. In fact, the world has spent a lot of time and money to have better educational background on a resume through redundant expense by the government and parents. Under this critical situation, it's urgent to change Korea's modern education into a creative educational system in connection with an advanced foreign educational system and further develop the advantage of Korea's education. A parent's investment in his/her child is a support to create new culture as well as an assistance for hope and better future of Korean education. A new direction of parents' education fever that has opened a door to global communitas can stir up infinite potential through which the flow of education fever can be changed to the resources of new civilization. The global cooperation and efforts for communitas means the communication with this world. Through this communication, the culture in which people are forced to zero-sum competition can leap into the education for change of civilization which creates pleasure of self sufficiency and donation.

IPA Analysis of the Components of the Scale-up Entrepreneurial Ecosystem of Startups (스타트업의 스케일업 창업생태계 구성요소의 IPA 분석)

  • Hey-Mi, Yun;Jung-Min, Nam
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.17 no.6
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    • pp.25-37
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    • 2022
  • The purpose of this study is to survey startup founders within 7 years of founding the importance and satisfaction of the components of the scale-up entrepreneurial ecosystem at the national level in Korea and analyze the direction of scale-up policy by component using IPA (importance-performance analysis). Since the perception of founders, who are the subjects of the entrepreneurial ecosystem, affects the quantity and quality of start-ups, research is needed to analyze and diagnose the perception of scale-up components. For the development of the national economy and entrepreneurial ecosystem, companies that emerge from startups to scale-up and unicorns must be produced, and for this, elements for the scale-up entrepreneurial ecosystem are needed. The results of this study are as follows. First, the importance ranking of the components of the scale-up entrepreneurial ecosystem recognized by founders was in the order of "Financial support by growth stage," "Support for customized scale-up for enterprises," "Improvement of regulations," "Funds dedicated to scale-up," "large-scale investment," and "nurturing technical talents." Second, the factors that should be intensively improved in the importance-satisfaction matrix in the future were 'Pan-Government Integration Promotion Plan', 'Scale-Up Specialized Organization Operation', 'Company Customized Scale-Up Support', 'Regulatory Improvement', and 'Building a Korean Scale-Up Model'. As a result, various and large financial capital for the scale-up entrepreneurial ecosystem, diversification of scale-up programs by business sector, linkage of start-ups and scale-up support, deregulation of new technologies and new industries, strengthening corporate-tailored scale-up growth capabilities, and providing overseas networking opportunities can be derived. In addition, it is expected to contribute to policy practice and academic work with research that derives the components of the domestic scale-up entrepreneurial ecosystem and diagnoses its perception.