• Title/Summary/Keyword: Unfair Trade

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A Study on Necessity of System for mediating transactions of a mobile gift certificate (모바일 상품권 거래 중개 시스템의 필요성에 관한 연구)

  • Bae, Yu-Mi;Jung, Sung-Jae;Lee, Kwang-Yong;Jang, Rae-Young;Lee, Jae-Ung
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2016.05a
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    • pp.185-188
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    • 2016
  • The percentage share of mobile gift card certificate in the gift card market has increased significantly each year. But from a consumer perspective mobile gift card certificate has several problems. Specifying unfair terms in Fair Trade Commission has improved slightly, but the problem is not replaced with the equivalent authority that issued the vouchers can not be solved. The exchange between users the most realistic way to solve this problem is to create an environment as possible. In conclusion, The deal will be possible to build a mobile gift card certificate brokerage trading in a convenient and reliable P2P-based. If the System for mediating transactions of a mobile gift certificate has created a healthy retail environment, such as the expansion of the voucher market, reduce social costs may be creating.

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Changes in Inequal Trading Practices due to Changes in Contents Production System (방송콘텐츠 제작방식 변화에 따른 불공정 관행 변화; 외주제작사 입장을 중심으로)

  • Roh, Dong-Ryul
    • The Journal of the Korea Contents Association
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    • v.17 no.5
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    • pp.540-551
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    • 2017
  • While the way broadcasting contents are made has changed drastically, some conflicts appear to remain unchanged. And they are about allegedly unfair practices. The whole arguments may even be deemed natural to a certain degree, considering the characteristics of the overall creative industry. But it needs to be highlighted the conflicts are being aggravated both in drama and non-drama production industries for different reasons. The drama side of the issue comes from how the project-based organizations are organized, and will be resolved if broadcasting companies do not send over their directors. On the other hand, the non-drama side's issues are about the complaints that outsourcing production companies have about the production cost. In general, due largely to the genre's relatively weak power to generate revenue, the producers do not get the upper hand when it comes to the negotiations over financial matters.

A Study on the Keyword Extraction for ESG Controversies Through Association Rule Mining (연관규칙 분석을 통한 ESG 우려사안 키워드 도출에 관한 연구)

  • Ahn, Tae Wook;Lee, Hee Seung;Yi, June Suh
    • The Journal of Information Systems
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    • v.30 no.1
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    • pp.123-149
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    • 2021
  • Purpose The purpose of this study is to define the anti-ESG activities of companies recognized by media by reflecting ESG recently attracted attention. This study extracts keywords for ESG controversies through association rule mining. Design/methodology/approach A research framework is designed to extract keywords for ESG controversies as follows: 1) From DeepSearch DB, we collect 23,837 articles on anti-ESG activities exposed to 130 media from 2013 to 2018 of 294 listed companies with ESG ratings 2) We set keywords related to environment, social, and governance, and delete or merge them with other keywords based on the support, confidence, and lift derived from association rule mining. 3) We illustrate the importance of keywords and the relevance between keywords through density, degree centrality, and closeness centrality on network analysis. Findings We identify a total of 26 keywords for ESG controversies. 'Gapjil' records the highest frequency, followed by 'corruption', 'bribery', and 'collusion'. Out of the 26 keywords, 16 are related to governance, 8 to social, and 2 to environment. The keywords ranked high are mostly related to the responsibility of shareholders within corporate governance. ESG controversies associated with social issues are often related to unfair trade. As a result of confidence analysis, the keywords related to social and governance are clustered and the probability of mutual occurrence between keywords is high within each group. In particular, in the case of "owner's arrest", it is caused by "bribery" and "misappropriation" with an 80% confidence level. The result of network analysis shows that 'corruption' is located in the center, which is the most likely to occur alone, and is highly related to 'breach of duty', 'embezzlement', and 'bribery'.

Discussion On the Status and Improvements For Technology Leakage Crimes: Based on Acquittal Case (기술유출 형사사건의 처리 실태와 개선 고려사항 논의: 무죄사건을 중심으로)

  • Kyung Joon Hwang;Hun Yeong Kwon
    • Convergence Security Journal
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    • v.22 no.3
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    • pp.41-55
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    • 2022
  • As the importance of technology protection is emphasized day by day, various protection measures are being carried out to protect technology. But attempts to leak technology are continuing. As an alternative to this, stronger punishment is socially required for technology leakage crimes. In response to these social demands, the standard for punishment has been steadily raised. Legislative bills containing additional reinforcement are still pending in the National Assembly. However, in order to substantially enhance the deterrence against crime, it is not enough to strengthen the punishment standards. The effect can only be fully exercised when the certainty of punishment increases. Therefore, this paper focused on seeking ways to increase the certainty of punishment under the current system rather than the reinforcement of the punishment itself. The purpose of this study was to derive the reason why the innocence rate in technology leakage criminal cases is higher than that of general criminal cases by analyzing cases and causes of innocent cases in technology leakage criminal cases. Based on this, I discussed improvement considerations to reduce unfair acquittal cases.

Unfair Restrain on Competition in Air Cargo Fuel Surcharge Case (공정거래법상 부당한 경쟁제한의 의미 - 항공화물 유류할증료 담합사건을 중심으로 -)

  • Lee, Chang Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.117-149
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    • 2015
  • On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.

A Study on the Types of Dispute and its Solution through the Analysis on the Disputes Case of Franchise (프랜차이즈 분쟁사례 분석을 통한 분쟁의 유형과 해결에 관한 연구)

  • Kim, Kyu Won;Lee, Jae Han;Lim, Hyun Cheol
    • The Korean Journal of Franchise Management
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    • v.2 no.1
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    • pp.173-199
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    • 2011
  • A franchisee has to depend on the overall system, such as knowhow and management support, from a franchisor in the franchise system and the two parties do not start with the same position in economic or information power because the franchisor controls or supports through selling or management styles. For this, unfair trades the franchisor's over controlling and limiting the franchisee might occur and other side effects by the people who give the franchisee scam trades has negatively influenced on the development of franchise industry and national economy. So, the purpose of this study is preventing unfair trade for the franchisee from understanding the causes and problems of dispute between the franchisor and the franchisee focused on the dispute cases submitted the Korea Fair Trade Mediation Agency and seeking ways to secure the transparency of recruitment process and justice of franchise management process. The results of the case analysis are followed; first, affiliation contracts should run on the franchisor's exact public information statement and the surely understanding of the franchisee. Secondly, the franchisor needs to use their past experiences and investigated data for recruiting franchisees. Thirdly, in the case of making a contract with the franchisee, the franchisor has to make sure the business area by checking it with franchisee in person. Fourthly, the contracts are important in affiliation contracts, so enacting the possibility of disputes makes the disputes decreased. Fifthly, lots of investigation and interests are needed for protecting rights and interests between the franchisor and franchisee and preventing the disputes by catching the cause and more practical solutions of the disputes from the government.

A Study of the Distribution System of Korea's Consumer Electronics Industry (가전유통구조(家電流通構造)의 문제점(問題點)과 개선방안(改善方案))

  • Nam, Il-chong
    • KDI Journal of Economic Policy
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    • v.14 no.3
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    • pp.23-48
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    • 1992
  • The Korea's Consumer electronics industry has exhibited a spectacular growth in the last three decades, expanding into one of the most important industries in Korea in many respects. One interesting aspect of the industry is the dominant role played by the Big Three of the industry, Gumsung, Samsung, and Daewoo. Since 1984, the three companies have accounted for about 90% of the sales in key items such as color TV, VTRs, refrigerators, and washers. The Big Three not only dominated the manufacturing stage, but also the distribution stage of the industry through their networks of exclusive dealers that constitute the major part of the distribution market. In this study, we analyzed the effects of the exclusive dealing by the Big Three on the efficiency of the Korean economy. We find that exclusive dealing by the Big Three could seriously constrain competition in both the manufacturing and distribution stages of the industry. Exclusive dealing by the Big Three effectively forcecloses the market for most other manufacturers as well as deterring entry into the manufacturing stage by potential entrants. Further, it impedes the growth of distributors that achieve the economies of scale and scope and restricts competition by the Big Three. In contrast, we could find little evidence that exclusive dealing by the Big Three is pro-competitive or enhances welfare. As a remedy to this problem, we suggest that the Fair Trade Commission of Korea should regulate the exclusive dealing by the Big Three, thus opening the door for the growth of distributors that are not bound by an exclusive dealing relationship with any of the Big Three. Put differently, we urge the Korean Fair Trade Commission to apply the Article 23 (5) to the exclusive dealing by the Big Three. Article 23 (5) that states that unfair restrictive dealing is illegal has never been clarified by the FTC. We believe that our analysis could also serve as a basic for the clarification of the article in general.

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An Analysis of the Effects of Large-scale Retailer Operation Regulations on Agriculture and Fisheries (대형 유통업체 영업 규제가 농수산업에 미치는 영향 분석)

  • Kim, Dong-Hwan;Ryu, Sang-Mo
    • Journal of Distribution Science
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    • v.12 no.2
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    • pp.73-79
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    • 2014
  • Purpose - The Korean government has revised the distribution industry development law to regulate large-scale retailer operations to protecting medium- and small-scale retailers and traditional markets. According to the revised law, large-scale retailers must follow regulations on operating hours and compulsory store closures two days per month. Based on the revised distribution industry development law, most local governments regulate operation hours and they have adopted compulsory closure programs for large-scale retail stores. However, it is argued that fresh food producers suffer from a decrease in sales based on the compulsory closure of stores operated by large-scale retailers. Large-scale retailers reduce their fresh food orders from agricultural and fishery producers because of the compulsory store closures. Fresh food producers also suffer from a decrease in prices because reduced orders lead to a decrease in auction prices based on the availability of excess goods in wholesale markets. This paper investigates the effects of operation regulations for large-scale retailers on agricultural producers by surveying agricultural and fishery producer organizations. Research design, data, methodology - A survey was conducted on 117 producer organizations of fruits and vegetables, cereals, fisheries, and livestock products from September 10 to October 4, 2012. Survey items are annual sales, shares of sales accounted for by large-scale retailers, reduction of orders and prices from large-scale retailers, methods to deal with the sales reduction, unfair trade practices of large-scale retailers, opinion of the large-scale retailer regulations, and so on. The average sales of the sampled producer organizations are 13.7 billion won and the average share of sales accounted for by large-scale retailers is 35.4%. Results - Survey results show that the sample producer organizations' sales decreased 10.1% because of the compulsory closures of stores operated by large-scale retailers. It is estimated that the total sales of producer organizations decreased 371.2 billion won because of the regulations on the operation of large-scale retailers. In addition to the direct effect of a sales decrease due to order reduction, agricultural and fishery producer organizations suffered from the secondary effect of price reduction in wholesale markets. When orders from large-scale retailers decreased, most agricultural and fishery producer organizations shipped redundant products to wholesale markets, decreasing auction prices. It was estimated that the price received decreased 21.9% when sold in other marketing channels. As producer organization sales decreased, it was reported that the labor force employed by producer organizations also decreased by 15.1%. Therefore, we can conclude that the regulations for large-scale retailer operations resulted in negative impacts on agricultural producers. Conclusions - Although the sales reduction due to the regulations for large-scale retailer operations are not great, the cumulative effects due to the continued compulsory closure of stores operated by large-scale retailers could be great. This paper suggests governmental programs that could help agricultural producer organizations to find new and effective marketing channels such as direct marketing, farmers' markets, exports, Internet shopping, and so on.

A Study of the Effects and Regulations of Comparative Advertising: Focusing on the Definition and Application of Unfairly Comparative Advertising (비교 광고의 효과와 규제에 대한 연구: '부당한 비교'의 정의와 적용을 중심으로)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.3
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    • pp.270-276
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    • 2017
  • Previous studies of the effects of comparative advertising did not consider that comparative advertising should satisfy its legal conditions otherwise it would be unfairly comparative advertising. In this context, this study reviewed the current legal definition of 'unfairly comparative advertising' to clarify it by the definition of unfairly comparative advertising of the Guideline of Judgement of Comparative Labeling or Advertising based on the Act on Fair Labeling and Advertising. In addition, this study confirmed that comparative advertising was banned by the Monopoly Regulation and Fair Trade Act, which was the previous act on unfair labeling or advertising, and identified differences between the two Acts in regulating unfairly comparative advertising. This study analyzed 354 adjudication cases of unfairly comparative advertising based on the regulation of Monopoly Regulation and Fair Trade Act. As a result, the definitions of the two Acts of unfairly comparative advertising were found to correspond to each other. These results suggest empirically that comparative advertising was not banned legally in the past and the definition and judgement standards of unfairly comparative advertising have not been changed.

The Risks of Transport Documents under L/C Transaction (신용장거래에서 운송서류의 위험요인에 관한 연구)

  • Park, See-Woon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.85-109
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    • 2010
  • L/C provides the exporter and the importer with safe assurance in the exchange of goods for payment in international trade. It involves a number of parties. Although the parties may have confidence in their client, bad faith or ignorance of international banking practice by any of these parties could cause the failure of transaction, which makes international trade a risky business. Most of the risks are found in transport document, which can cause disputes. There are many factors in the risk of transport documents under L/C transaction. One most common risk factor for the beneficiary in all transport documents is even if there is no discrepancy in document, the issuing bank or the applicant refuses to pay or delay payment insisting there is a discrepancy. In some very rare cases, the beneficiary may not get paid due to unfair injunction of the local court of the applicant. For the applicant, most common risk factors are fake bill and fraud. Risks classified according to the sorts of transport documents are as follows. 1. In B/L, payment can be refused because it is regarded as charter party B/L, although there is no real charter party contract. And the applicant can bear the potential risk of the loss or deterioration of cargo through transhipment of the cargo loaded on board in container if transhipment is prohibited without excluding of UCP 600 article 20 (c). 2. In charter party B/L, the applicant may take delivery without paying when charter party B/L is signed by charterer, which can result in a big loss for the beneficiary and the negotiating bank. And risks may arise when cargo is seized because the charterer does not pay the hire. The applicant and the issuing bank are also vulnerable to a risk - Against whom should they file a suit when cargo gets damaged during transportation? 3. In multimodal transport document, which is subject to a conflict because there is a big difference in viewpoints between transport industry and banks, conflicts may also arise when L/C requires ocean B/L and accepts multimodal transport document at the same time, but does not specify the details. 4. In air waybill, where the consignee is not the issuing bank but the applicant, risks may take place to the beneficiary when the applicant takes delivery but refuses to pay asserting minor discrepancies in document. The applicant may also bear the risk when cargo may not be loaded because air waybill is a received bill. Another risk may arise when although the applicant prohibits transhipment without excluding UCP 600 article 23 (c), the cargo may be transhipped, provided that the entire carriage is covered by one and the same air waybill.

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