• Title/Summary/Keyword: Reverse Discrimination of Regulations

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A Regulatory Analysis on the Reverse Discrimination against Korean Domestic Businesses in relation to the Data Protection and Regulatory Improvement Orientation (개인정보 관련 국내기업의 역차별 상황에 관한 규제 분석과 개선방안에 관한 연구)

  • Lee, Inho;Kim, Seo-An
    • The Journal of Society for e-Business Studies
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    • v.25 no.4
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    • pp.1-14
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    • 2020
  • IT businesses in Korea have relatively strong regulations. While providing the same service, domestic businesses are in a situation of 'reverse discrimination of regulations' as they are less competitive than global IT companies in accordance with the application of the personal information protection legislation in Korea. In this paper, Personal Information Protection legislation was classified and laws of major countries were analyzed in comparative ways. It also compared and analyzed the "private policy" presented by representative Internet sites (Naver, Daum, Google, Facebook) that provide services to users in Korea. We also proposed three aspects of legislation improvement to address reverse discrimination.

Limitations and Challenges of Game Regulatory Law and Policy in Korea (현행 게임규제정책의 한계와 과제 : 합리적인 규제를 위한 고려사항)

  • Kwon, Hun-Yeong
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.149-164
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    • 2014
  • The laws and policies governing Korea's game regulations are becoming more and more topics for debate as we enter the Age of Internet. The nature of the basis for Internet regulations and policies are not rooted in freedom of speech or fundamental values of democracy, but rather focused on solving real-world problems such as protection of the youth. Furthermore, the reality is that regulatory devices for keeping the social order such as regulating gambling are being applied directly to games without consideration on the characteristics of Internet gaming, raising concerns that the expansion of constitutional values and innovative empowerment inherent to the Internet are being weakened. The Geun-Hye Park Administration which succeeded Myung-Bak Lee's Administration, even went so far as to implement the so-called "Shutdown Policy", which prohibits access to Internet games during pre-defined time zones and also instigated a time zone selection rule. In order to curb the gambling nature of Internet games, government-led policies such as the mandatory personal identification and prohibition of player selection or in other words mandatory random player selection are being implemented. These institutions can inhibit freedom of speech, which is the basis of democracy, violate the right of equality through unreasonable discrimination between domestic and foreign service providers, and infringe upon the principles of administrative law, such as laws, due process in policies, and balance in among policies and governmental bodies. Going forward, if Korea's Internet game regulations and polices is to develop in a rational manner, regulatory frameworks will need to be designed to protect the nature of the Internet and its innovative values that enable the realization of constitutional values; for example, the Internet acting as the "catalytic media for freedom of expression as a fundamental human right ", which has already been acknowledged by the Korea's Constitutional Court. At the same time, transparent procedures should be put into place that will allow diverse participation of stakeholders including game service providers, game users, the youth and parents in the legislation and enforcement process of regulatory institutions; policies will also need to be transformed to enable not only regulatory laws but also self-regulation system to be established. And in this process, scientific and empirical analysis on the expected effects before introducing regulations and the results of enforcing regulations after being introduced will need to be strengthened.

Strategies of Local Terrestrial Broadcasting Companies since the Introduction of Comprehensive Programming Channels (종합편성채널 도입에 따른 지역 지상파방송 대응 전략)

  • Jeong, Jong-Geon
    • The Journal of the Korea Contents Association
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    • v.11 no.7
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    • pp.192-209
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    • 2011
  • This study looked into coping strategies of local terrestrial broadcasting companies in the media market, since the introduction of comprehensive programming channels was confirmed. Local terrestrial broadcasting companies vulnerable to market competitiveness are driven more out to the difficulty of survival in a limited advertising market with the advent of comprehensive programming channel. and Local terrestrial broadcasting receive discriminative application than comprehensive programming channel. They have reverse discrimination in must-carry, broadcasting area, programming regulation, advertisement regulation, broadcasting development fund. Hence, Local terrestrial broadcasting needs diverse countermeasures at difficult media circumstances. Above all, Competitive content reinforcement is desperately needed. That's why content distribution structure needs diversification. And, It is necessary for local terrestrial broadcasting companies to diversify the content distribution system. As a way to expand distribution structure of local broadcasting, the introduction of local programming regulations for total amount will be highlighted in the nationwide network program. The mandatory policy that programs produced by local terrestrial broadcasting companies will be broadcast regularly in prime time through a nationwide network is an example. In addition to developing high content independently, 2nd Multiple channels of distribution is needed. It has to be supplied to various platforms including local broadcasting, SO and etc. In addition, it is necessary to activate regional co-production program between local terrestrial broadcasting companies and regions. Time rate between central stations and local terrestrial broadcasting companies must be distributed practically. And also, local terrestrial broadcasting companies in addition to ad revenue model to themselves and their own businesses by expanding the sponsorship to strengthen the competitiveness will have to nurture self-sustaining. Moreover they must have enlarge economy of scale through widen of broadcasting area.

Study on the effect of small and medium-sized businesses being selected as suitable business types, on the franchise industry (중소기업적합업종선정이 프랜차이즈산업에 미치는 영향에 관한 연구)

  • Kang, Chang-Dong;Shin, Geon-Chel;Jang, Jae Nam
    • Journal of Distribution Research
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    • v.17 no.5
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    • pp.1-23
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    • 2012
  • The conflict between major corporations and small and medium-sized businesses is being aggravated, the trickle down effect is not working properly, and, as the controversy surrounding the effectiveness of the business limiting system continues to swirl, the plan proposed to protect the business domain of small and medium-sized businesses, resolve polarization between these businesses and large corporations, and protect small family run stores is the suitable business type designation system for small and medium-sized businesses. The current status of carrying out this system of selecting suitable business types among small and medium-sized businesses involves receiving applications for 234 items among the suitable business types and items from small and medium-sized businesses in manufacturing, and then selecting the items of the consultative group by analyzing and investigating the actual conditions. Suitable business type designation in the service industry will involve designation with priority on business types that are experiencing social conflict. Three major classifications of the service industry, related to the livelihood of small and medium-sized businesses, will be first designated, and subsequently this will be expanded sequentially. However, there is the concern that when designated as a suitable business type or item, this will hinder the growth motive for small to medium-sized businesses, and designation all cause decrease in consumer welfare. Also it is highly likely that it will operate as a prior regulation, cause side-effects by limiting competition systematically, and also be in violation against the main regulations of the FTA system. Moreover, it is pointed out that the system does not sufficiently reflect reverse discrimination factor against large corporations. Because conflict between small to medium sized businesses and large corporations results from the expansion of corporations to the service industry, which is unrelated to their key industry, it is necessary to introduce an advanced contract method like a master franchise or local franchise system and to develop local small to medium sized businesses through a franchise system to protect these businesses and dealers. However, this method may have an effect that contributes to stronger competitiveness of small to medium sized franchise businesses by advancing their competitiveness and operational methods a step further, but also has many negative aspects. First, as revealed by the Ministry of Knowledge Economy, the franchise industry is contributing to the strengthening of competitiveness through the economy of scale by organizing existing individual proprietors and increasing the success rate of new businesses. It is also revealed to be a response measure by the government to stabilize the economy of ordinary people and is emphasized as a 'useful way' to revitalize the service industry and improve the competitiveness of individual proprietors, and has been involved in contributions to creating jobs and expanding the domestic market by providing various services to consumers. From this viewpoint, franchises fit the purpose of the suitable business type system and is not something that is against it. Second, designation as a suitable business type may decrease investment for overseas expansion, R&D, and food safety, as well negatively affect the expansion of overseas corporations that have entered the domestic market, due to the contraction and low morale of large domestic franchise corporations that have competitiveness internationally. Also because domestic franchise businesses are hard pressed to secure competitiveness with multinational overseas franchise corporations that are operating in Korea, the system may cause difficulty for domestic franchise businesses in securing international competitiveness and also may result in reverse discrimination against these overseas franchise corporations. Third, the designation of suitable business type and item can limit the opportunity of selection for consumers who have up to now used those products and can cause a negative effect that reduces consumer welfare. Also, because there is the possibility that the range of consumer selection may be reduced when a few small to medium size businesses monopolize the market, by causing reverse discrimination between these businesses, the role of determining the utility of products must be left ot the consumer not the government. Lastly, it is desirable that this is carried out with the supplementation of deficient parts in the future, because fair trade is already secured with the enforcement of the franchise trade law and the best trade standard of the Fair Trade Commission. Overlapping regulations by the suitable business type designation is an excessive restriction in the franchise industry. Now, it is necessary to establish in the domestic franchise industry an environment where a global franchise corporation, which spreads Korean culture around the world, is capable of growing, and the active support by the government is needed. Therefore, systems that do not consider the process or background of the growth of franchise businesses and harm these businesses for the sole reason of them being large corporations must be removed. The inhibition of growth to franchise enterprises may decrease the sales of franchise stores, in some cases even bankrupt them, as well as cause other problems. Therefore the suitable business type system should not hinder large corporations, and as both small dealers and small to medium size businesses both aim at improving competitiveness and combined growth, large corporations, small dealers and small to medium sized businesses, based on their mutual cooperation, should not include franchise corporations that continue business relations with them in this system.

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Improvement of Personal Information Protection Laws in the era of the 4th industrial revolution (4차 산업혁명 시대의 개인정보보호법제 개선방안)

  • Choi, Kyoung-jin
    • Journal of Legislation Research
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    • no.53
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    • pp.177-211
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    • 2017
  • In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.