• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.295-316
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• 2011

If the medical staff privileges, which mean the eligibility to practice at open hospitals, are excluded in the United States, antitrust claims based on the violation of the Sherman Act have been raised a lot. The proliferation of these lawsuits in the United States, which are characterized as antitrust lawsuits, can be understandable situation. The reason is because doctors who don't belong to specific hospitals are seriously damaged, if the medical staff privileges are excluded and doctors cannot use facilities of open hospitals. In order to decide to allow the privileges of certain doctors, hospitals have to rely on peer review to maintain high quality of medical services, and it is not easy to find alternative of peer review in the professional areas like healthcare. However, there are possibilities that members of the peer review can abuse power to unfairly exclude privileges of potential competitors. In this sense, it is asserted in the U.S. antitrust lawsuits that the restraint of medical staff privilege can be the illegal restraint of trade in violation of section 1 of Sherman Act and can be monopolization or an attempt to monopoly by hospitals in violation of section 2 of Sherman Act. As Korea adopted open hospital system quite recently, there is still no case related with the exclusion of medical staff privileges. However, medical staff privilege system of Korea is not different from that of the United States in principle. Thus, the U.S. jurisprudence on the exclusion of medical staff privileges can be referred in the interpretation of "practice that interferes with or restricts the activities or contents of the business" based on Article 19.1.9 of Monopoly Regulation and Fair Trade Law of Korea.

• The Korean Journal of Franchise Management
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• v.2 no.1
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• pp.119-133
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• 2011

The objective of this study is to establish the basic concepts for franchise agreements in consideration of both theoretical and practical conditions, to set the parameters for the discussion regarding the practical business matters pertaining to franchise agreements, and to analyze the criteria for determining the illegality of unfair trade practices based on research into actual practices in franchise transactions and on case studies of the implementation of laws by the Fair Trade Commission. The study aims to thereby contribute to the stabilization of laws in franchise transactions, benefiting all parties including franchise-related institutions, participants in franchise transactions, and related consumers. In conclusion, even in cases where regulatory exceptions are applied within the Fair Franchise Transactions Act when determining the illegality of franchised businesses, it is impossible to eliminate illegality unless all necessary and sufficient conditions have been included, and even if the procedure for evading illegality has been undertaken, illegality may not be eliminated unless the contents thereof are legitimate.

• 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.

• Journal of the Korea Society of Computer and Information
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• v.16 no.8
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• pp.157-164
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• 2011

As a computer technology is combined with communication technology, information and communication technology developed rapidly. As a result, The number of internet users increased quickly. Ability of human in using information was epoch-making, and it was increased through the Internet on behalf of an information-oriented society. As an Internet user hereby spreads explosively, legislations were established and revised to protect Internet users and consumers however, it is certain that the damages of Internet users are still increasing day by day. The purpose of this paper is to protect internet users and to reform the system. Also each portal site should provide fair information, and be responsible for conclusion of a contract. After they subdivide into personal service style, and analyze every situation and problems, they should improve problems.

• The Journal of Society for e-Business Studies
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• v.4 no.3
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• pp.63-76
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• 1999

Internet-based electronic trade has been growing fast. But most users are not yet familiar with the system and find it very difficult to purchase and sell the products in the cyber market place. To handle these problems, agent-based virtual market place system has been proposed where agents instead of individuals participate in trading of goods. Most of the proposed models have been in the two general categories. The first is the direct transaction among sellers and buyers, and the second is the agent-based transaction. However, the transaction is not fair and the best deal can't be guaranteed for both models. In this paper, we propose a new broker based synchronous transaction algorithm which is fair to both parties and guarantees the best deal. Our algorithm is implemented using Visual C++ and the experimental results show that our method is better than the two traditional transaction models in every performance metrics, Number of transactions are increased up to 21% and price adjustment is up to 280% better for some transactions.

• Journal of Korea Fair Competition Federation
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• no.162
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• pp.68-85
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• 2012

이 글은 2012년 3월 9일 '무역 및 경쟁 정책에 관한 국제 원탁회의(International Roundtable on Trade and Competition Policy) 비공개전문가회의'에서 Shanker A. Singham이 발표한 자료와 참석자들의 토의내용을 발표 이후 정리, 이를 요약문 형식으로 번역(의역)한 것이다. 이 글의 주요 논지는 경쟁당국의 지식재산권에 대한 전통적 관점에 대한 재고찰로서, 필자는 "지식재산권 보호가 반드시 경쟁정책에 반하는 것은 아니고, 오히려 지식재산권 보호가 경쟁을 촉진하는 효과를 가진다"는 점을 강조하고 있다. 저자는 자신의 논지를 설명하면서 의약산업의 예시를 상당부분 들고 있다. 이 글 중에는 국내 사정과 정서에 일부 부합하지 않는 내용도 있을 수 있지만, 국내외 경쟁정책에 대한 다양한 관점을 경험할 수 있다는 점에서 의미가 있다고 생각한다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.379-402
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• 2010

The Korea Foreign Trade Act(KFTA) was revised the penal provisions of the breach of the Country of Origin Labeling(COOL) recently. The ceiling of penalties became to 5 years for imprisonment, one hundred or three hundred million won for fine. The level of penalties are adjudged quite fair but the amount of penalty should be increased according to the profits from the breach or the nature of crime in some cases. The problems of the penalties are differences between KFTA and other related laws. There are related several laws on the breach of the COOL such as KFTA, Unfair Trade related Law, Customs Law, Consumer Protection Law, Law of COOL on Agricultural and Marine products etc. The penal provisions of the breach of the COOL has more heavier level than other the breach because of the criminal qualities. The problems are the penalty differences between the KFTA and the Unfair Trade Law under the Ministry of Knowledge Economy. The KFTA's penal provisions need to equate with Unfair Trade Law as long as same breaches on the COOL. The government can also consider some policies to rigid enforcement of breaches on the COOL. There are the Country of Origin Tracking system, the RoO Paparazzi System, Make public the names of habitual RoO Violators, Correction Order of breach of the COOL etc.

• Journal of Korean Home Economics Education Association
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• v.27 no.1
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• pp.67-83
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• 2015

The purpose of this study was to explore the levels of ethical consumptions and related variables on ethics of adolescents as consumers. This subjects were 552 middle and high school students. The research results are summarized as follows. 1. The scores to measure ethical consumptions level of the adolescents was ranged from 2.87 to 3.08, which were relatively low. 2. The ethical consumptions(fair-trade product consumption, donation and giving, local consumption and eco-friendly consumption) in demographic variables were found to have significant differences depending on their religion, perceived social class, father's education and mother's education. 3. The result of hierarchical regression analysis indicated that consumer education experience, the eco-friendly values, materialism, saving, experiencing mass media on affecting the fair-trade product consumption. The major variables affecting the ethical consumptions in the donation and giving were materialism, consumer education experience, experiencing mass media and the eco-friendly values. The significant variables affecting the local consumption were the eco-friendly values, consumer education experience, materialism, experiencing mass media and saving. The major variables affecting the eco-friendly consumption were the eco-friendly values materialism.

• Management & Information Systems Review
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• v.37 no.4
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• pp.75-92
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• 2018

The Purpose of this study was to verify that the corporate social contribution activity(eco-friendly product production, donation activity, volunteer activity, fair trade had a positive influence on the corporate credibility, the intention of price premium and the persistent purchase intention. And also this study examined the differences of corporate credibility and price premium according to consumer's gender. To accomplish the purpose of this paper, I performed literature review which relates to corporate social contribution activity, the corporate credibility, the price premium and the persistent purchase intention, and also performed empirical research. I produced questionnaire which investigates the relation between the factors which influence corporate social contribution activity, the corporate credibility, the price premium and the persistent purchase intention. SPSS 21.0 and Lisrel 8.7 were used to analyze the collected data and to identify the influence relationships. The findings of this paper are as follows: First, the corporate social contribution activity(eco-friendly product production, fair trade) did significant effect on the corporate credibility and the price premium. Second, the intention to pay premium price had affected the intention of persistent purchasing but corporate credibility had affected the intention of persistent purchasing through the intention to pay premium price. Third, the difference in preception of men and woman about the corporate social contribution activity. Among the corporate social contribution activity, women's perception of the relationship between volunteer activity and fair trade on corporate reliability was higher than that of men. Fourth, among the corporate social contribution activity, women's perception of the relationship between volunteer activity and donation activity on the intention of price premium was higher than that of men.

• The Journal of the Korea Contents Association
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• v.21 no.2
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• pp.78-84
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• 2021

Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.