• 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.

• International Commerce and Information Review
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• v.16 no.3
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• pp.253-273
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• 2014

The Korea-EU FTA has substantially escalated the volumes of South Korea's export and investment in the United Kingdom since its ratification. Coupling with the FTA effect, the ease of doing business in the United Kingdom will increase even more trade and investment by South Korean multinational corporations. In the meantime, the UK Bribery Act 2010 was enforced to end bribery by individuals and business entities which have close connection with the United Kingdom. The punishment of violating the Act is severe than ever because of "unlimited" fine. Without fully understanding the Act and have compliance measures as described in the Guidance issued by the UK Ministry of Justice, South Korean corporations may risk its whole business. Therefore, this paper will analyze the UK Bribery Act in details to provide critical implications for South Korean corporations under the Korea-EU FTA.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.131-155
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• 2011

PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that GISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

• International Commerce and Information Review
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• v.10 no.3
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• pp.143-162
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• 2008

The Title 19 of the U.S. Code covers custom duties and is the heart of international trade regulation in the U.S.. Among the provisions in Title 19, is Chapter 4, the Tariff Act of 1930. Under U.S. Antidumping duty law, dumping occurs when `subject merchandise' is imported into the U.S. and sold at less than `fair value.' The administration of U.S. Antidumping duty law is shared between the Department of Commerce('Commerce') and International Trade Commission('USITC'). The U.S. Court of International Trade ("CIT") and the U.S. Court of Appeals for the Federal Circuit ("CAFC") decided the review of antidumping duty ("AD") determinations and administrative review results issued by the Commerce and the USITC, as well as the review of countervailing duty ("CVD") decisions. In Eurodif S.A. v. United States, the CAFC considered the important issue of whether the antidumping and countervailing duty laws apply to sales and purchases of services--in this case, the sale or purchase of enrichment services. Although the federal courts had considered the issue of whether a sale of enrichment services constitutes a sale of goods, the issue had never arisen in the context of the antidumping and countervailing duty laws. Also this is the first time that the Supreme Court has ever agreed to consider an antidumping case.

• Korea Trade Review
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• v.45 no.5
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• pp.91-116
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• 2020

The construction industry can be described as one of the most volatile industry depending on the situation. As such, a contractor, who is usually positioned to take all kinds of risk, may frequently require to form a strategic partnership for better execution of a project. In this study, we are going to review act or behavior that may happen among such partnership. For such review, a survey targeted at domestic construction companies has been conducted on their thoughts as regards opportunism, risk perception, and the contractual governance between partners. The analysis result of structural equation and regression has indicated that there exists a positive effect on the opportunistic behavior from the risk perception, a moderating effect on contractual governance between the performance risk and opportunism, whereas no such moderating effect on the same between relational risk and the opportunism. The output of this study may assist various domestic individuals who wish to participate large scaled overseas projects.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.21 no.12
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• pp.2387-2393
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• 2017

The Moon government, launched in May 2017, regards telecommunication service as part of people's welfare and is trying to save telecommunication costs. However, the direction of policy presented is assessed as symptomatic approach. This is largely attributable to the a partial improvement approach from the framework of the present mobile telecommunication industry. However if we restart from an essential point of view, the result is likely to be much better. The nation's mobile communication costs are not adequate because the government's role was not sufficient. There is a problem with the mobile phone supply chain, the subsidy payment mechanism, and the billing system. Addressing these complex issues requires the establishment of an independent system of handset distribution from telecommunication companies, ban on discriminative subsidies payment, and adoption of volume rate system. Telecommunications Business Act that defines the service charges to normalize the market might be somewhat useful, but the normal application of the Fair Trade Act is more important.

• 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.

• Journal of Korea Game Society
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• v.7 no.2
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• pp.61-72
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• 2007

Prohibition Clauses of Business of Money Changing(${\S}32(1)7$) on the Game Industry Promotion Act of 2007 was introduced for the purpose of preventing game from becoming gambling. By making the independent requisite of constituting a crime that there was no criminal punishment former times, it is possible actively to deal with mixing of game and gambling. Prohibition Clauses of Business of Money Changing prevent the material or formless results that are obtained on the use of game from making a business of money change, intermediation of money change, or re-purchase of it. The material or formless results mean points, prizes, game moneys, or game data that is obtained on the abnormal use of a game. Most real money trade of a game item will be pull into the application of Prohibition Clauses of Business of Money Changing on the interpretation of it. Therefore this clauses have a tremendous effect upon the business of sweated workshops and intermediation web sites of game items. None the less Prohibition Clauses of Business of Money Changing will have positive influence to the future of game industry through the separation of game and gambling.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.197-227
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• 2009

This study describe the brief history and current statutes of Philippine arbitration. The practice of arbitration in the Philippines can be traced as far back as the barangay. From 1521, Spanish Civil Code became effective in the Philippines. During this period, the Supreme court was discouraged by the tendency of some courts to nullify arbitration clauses on the ground that the clauses ousted the judiciary of its jurisdiction. According to the growing need for a law regulating arbitration in general was acknowledged when Republic Act No.876(1953), otherwise known as the Arbitration Law, was passed. In 1958, the Philippines became a signatory to the New York Convention and in 1967 the said Convention was ratified. But no legislation has been passed. As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid. Fifty years after, the Philippine Congress enacted, Republic Act No. 9285, otherwise know as the Alternative Dispute Resolution Act of 2004. The enactment was the Philippines solution to making arbitration an efficient and effective method specially for international arbitration. To keep pace with the developments in international trade, ADR Act of 2004 also ensured that international commercial arbitration would be governed by the UNCITRAL Model Law on International Arbitration and also fortified the use and purpose of the New York Convention by specifically mandating. If the international commercial arbitration will be revitalization in the near future in the Philippine, it will be shown that the model law's comprehensive provisions will give the beat framework for arbitration.. The writer expect that Philippines continues in its effort to be the premier site for international arbitration in Southeast Asia.

• Journal of Convergence for Information Technology
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• v.11 no.10
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• pp.93-100
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• 2021

With the spread of digital trade, the share of digital trade under the global trade environment is increasing. However, since there is no international digital trade standard, the discussion to establish a new trade rule has important significance. Countries around the world are implementing digital trade policies in consideration of their own interests, but different regulatory policies are causing trade conflicts. In order to provide safeguards against personal information infringement due to the free movement of data across borders, major countries around the world have taken measures to localize data, and the EU has enacted GDPR. And the United States regards the imposition of the digital tax as a trade barrier, and some countries oppose the implementation of the digital tax for fear of negative impact on their countries. However, discussions on the global digital tax, centered on the OECD and the G20 are making progress. As it is highly likely that a digital tax agreement will be drawn up within this year, countermeasures must also be prepared. Therefore, this study presents implications for the future direction of Korea's trade policy by examining recent trends in digital trade norms and analyzing major issues in digital trade.