• Proceedings of the SAREK Conference
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• 2008.06a
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• pp.1139-1146
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• 2008

Due to the construction technique (or the construction culture) growth in and out of Korea, newly-developed insulation have been continuously released. Furthermore, all legislation and regulation that World follows are gradually becoming unified. (e.g. FTA(Free Trade Agreement) with the United States was contracted, and inevitable FTA contraction with EU and China). In addition, insulation type, with the purpose are becoming unified. Accordingly, KS F 2803 legislated in 1966 about the Domestic Insulation Standard including traditionally used insulation(Rockwool, Fiberglass, Polystrene, Polyurethan, Perlite) has to be amended by considering International Standard and the alternatives. This reference is going to make description for solution of contradiction.

• Journal of Information Technology Applications and Management
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• v.27 no.5
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• pp.1-22
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• 2020

Due to the low usage level of traditional financial services in many developing countries, Fintech services that often substitute for such traditional services with greater convenience have great potential in these markets. However, there have thus far been relatively few attempts to examine Fintech adoption in developing countries. As financial services are a highly sensitive industry in terms of government regulation and consumer trust, it is critical for policymakers to understand how to foster a healthy Fintech marketplace in developing country environments. In this paper, we review the scholarly literature on Fintech adoption with respect to three stakeholder groups: customers, service providers, and policymakers. Adding with practitioner-oriented documentation relating to Fintech adoption in Vietnam, we derive propositions for Fintech adoption research in Vietnam and similar developing countries. We collect these propositions as a framework that suggests avenues for future research.

• The Journal of Fisheries Business Administration
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• v.44 no.1
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• pp.25-37
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• 2013

The permit system is the most typical regulation system in Korean fishery. Even now, it has caused resource management failure, it has also invited economic inefficiency and inequity. Accordingly, the Korean government has recently introduced the fishing boats market, it would be improve entry barrier for new capital and labor in fishing industry. This study aims to survey and to analyze the status of coastal fishing boat market using the executive documents on permit system in Gyongnam province. And also, this study put focus on improve fishing permit trade take advantage of the fishing boat trading. The survey results indicated that the number of fishing boats trading is estimated about 5,000 per year, however, fishing boat market is very narrow. An analysis on fishing permit trading showed that policy support is essential to reduce transaction cost. Therefore, it is necessary to explore corresponding policy tasks, this will be reduce transaction costs and sunk cost.

• International Journal of Advanced Culture Technology
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• v.10 no.4
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• pp.427-433
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• 2022

Although the National Intelligence Service Act has been amended considering the growing importance of economic counterintelligence, a clear interpretation of certain provisions and improvement of the effectiveness of economic counterintelligence are required. This article presents some suggestions for regulations on economic counterintelligence. Firstly, the meaning of the term "disturbance of economic order in connection with foreign powers" will become clear by interpreting it with the terms of the Counterintelligence Duty Regulation and by setting categories referring to the U. S. regulations. Secondly, counterintelligence authorities' request for cooperation may be reinforced by amending relevant regulations or by applying a special procedure for the acquisition of data. Finally, strengthened punishment for activities in connection with foreign powers may improve the efficiency of counterintelligence. For these reasons, this paper aims to present a direction for the future, focusing on this new economic counterintelligence.

• Journal of Legislation Research
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• no.44
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• pp.487-538
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• 2013

It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

• International Commerce and Information Review
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• v.16 no.4
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• pp.79-102
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• 2014

A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

• Resources Recycling
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• v.29 no.3
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• pp.43-50
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• 2020

This study reviewed the examples on analyses of the potential impacts to waste management, due to the recent trends of waste trade regulation, and summarized an analysis strategy of the impacts. As a result, a desirable analysis may begin with reasonable estimation of recent waste amounts and flows, and reasonable prediction of the future trends of waste amounts. Then, it is effective to list various key factors and derive future scenarios of the impacts, as well as employ the traditional viewpoints focusing on waste material flow or environmental regulations. The applicable analyses for each scenario can be largely divided into qualitative and quantitative methods. Due to a high uncertainty in the recent international situations with entailing possible innovative economic changes, qualitative methods may be considered in advance, and then quantitative techniques may be utilized to predict gradual changes at relieved uncertainty of the situations. Based on this review so far, proper methodology and procedures for the impact analysis were suggested on recent waste trade conditions in Korea. Given existence of the recent uncertainties such as the health and economic crises, the analysis preferably focused on deriving strategic scenarios with respect to various aspects, and suggested analysis methods applicable to each scenario.

• Korean Security Journal
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• no.61
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• pp.333-352
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• 2019

In January and August 2019, there were amendments to the Unfair Competition and Trade Secrets Protection Act (UCPA) and the Industrial Technology Protection Act(ITPA). These amendments will contribute to technology protection. But these amendments need to be supplemented further. In the area of civil remedies, despite the introduction of treble damages in the case of the UCPA and ITPA, the provisions related to the submission of supporting data have not been maintained. Therefore, it is necessary to recognize the claim of the other party as true if it is maintained at the level of the revised Patent Act and the scope of submission of supporting data. And the enforcement of the case of compulsory submission for the calculation of damages, and the order of filing documents are not followed. ITPA, on the other hand, has introduced the compensation for damages, but there is no provision for estimating the amount of damages. Therefore, it is necessary to estimate the amount of lost profits, profits, and royalties. In the area of criminal remedies, both the UCPA and ITPA have raised the penalty, but the sentencing regulations are not maintained. In addition, although the recent outflow of technology has expanded beyond organizational deviations to organizational outflows, amendments need to be made in relation to the serious consequence for the punishment of related juristic persons, such as companies involved in it. It should be noted that Japan and the United States have corporate regulations and regulations. In addition, in relation to the confiscation system, Act on Regulation and Punishment of criminal proceeds concealment require that domestic defenses be confiscated by defense industry technology, while trade secrets and industrial technologies are confiscated only by "foreign" outflows, and an amendment is necessary.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.75-98
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• 2018

Recently, the antitrust tribunal of Seoul High Court revoked the disposition of Korea Fair Trade Commission(hereafter 'KFTC'). While KFTC determined that the restriction of Korea Pediatrician Association violated article 26 of the Monopoly Regulation and Fair Trade Act(Korean antitrust law), Seoul High court viewed that KFTC failed to prove the compulsory measures and the restraint of competition required in article 26. The 'restriction' of article 26 should be interpreted as 'excessive restriction'. Since entrepeneurs' organization is allowed to limit its member's activities, KFTC could regulate entrepeneurs' organization on a very exceptional basis. In addition, though entrepeneurs' organization did not use compulsory measures to enforce its resolution, its 'excessive restriction' could fit into the notion of 'restriction' of article 26. Under the current medical care system, the price of medical care is decided by Korean government. Therefore the restriction of Korea Pediatrician Association is not likely to have effect on the price. However, the resolution of Korea Pediatrician Association was aimed to decrease the supply of medical care. Therefore the resolution is capable of having effect on the competition. In this sense, though KFTC failed to submit direct evidence to support the decrease of quantity, there could be possibility of restraint of competition. The Seoul High Court's decision has important implications. The leading case on restraint of competition(Supreme Court 2002Du8628, Posco case) was delivered in 2007. However the remaining issue such as the standard and scope of restraint of competition is not clear. Through reappeal case of this decision, Supreme Court has to decide the line between competition and its restraint.