• Title/Summary/Keyword: fair trade

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Improvement of the Legal System and Constraints on the Investment Between Korea, China and Japan (한중일 FTA와 투자를 둘러싼 법적체계와 제약요소의 개선)

  • Noh, Jae-Chul;Ko, Zoon-Ki
    • The Journal of the Korea Contents Association
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    • v.13 no.12
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    • pp.702-714
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    • 2013
  • South Korea, China and Japan is struggling for a new economic growth and facing new challenges and difficulties in foreign investment. In this paper, I Studied on the Legal System and Limits or Rules on the Investment Between Korea, China and Japan. First, FTA between Korea, Chin. The trade and economic relations and the investment flows between the three countries were examined. Based on the background of the three countries, it has been studied on the Legal System and Rules in the foreign investment Between Korea, China and Japan. Based on this, and the following were examined. What are the major limits in the foreign investment Between Korea, China and Japan? In the future, what should be included on the FTA investment chapter in FTA between Korea, China and Japan in order to facilitate more investment? FTA between Korea, China and Japan would be an effective means to strengthen the protection of investors and investment facilitation, and investment flows between the three countries will be activated. In the future, FTA between Korea, China and Japan is expected to further promote investment among the three countries. In this regard, in the future, the FTA investment chapter in FTA between Korea, China and Japan should include NT(National Treatment), MFN(Most-Favoured-Nation (Treatment)), Prohibition of the implementation of specific measures, the nationality requirements of management or the board of directors, movement of funds, safeguard measures, expropriation and compensation, compensation for loss, fair and equitable treatment, the settlement of disputes between foreign investors and investment promotion country(Investor-State Dispute Settlement), and other agreement between the three countries.

Sales Commission of Department Store and Policy Implications (백화점의 판매수수료 현황 및 정책대응 방안)

  • Lee, Jung-Hee;Hwang, Seong-Huyk;Kim, Sung-Min
    • Journal of Distribution Research
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    • v.15 no.5
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    • pp.37-60
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    • 2010
  • Department Stores have been in place as typical large-scale retailer in Korean retail market. After Asian financial crisis in 1997, the market share of major three department stores has been increased and they have had a dominant position in relationship with vendors or manufacturers. Thus, they are able to control sales commission. Sales commission is defined as things that department stores which contribute to products sales instead of manufacturers take some portion of price as their revenue. In other words, vendors or manufacturers pay some amount of money from their sales by contracted ratio to department stores. The problem is that vendors or manufacturers think that sales commission is high. However, department stores have a different opinion that sales commission is not high because they generate new value from gathering customers and doing marketing activity on behalf of vendors or manufacturers. Because department stores have operated with business model of renting sales space to vendors or manufacturers instead of buying goods directly from them, this situation has been taken place. The revenue of department stores depend on sales commission. Thus, they want to get a dominant power to control sales commission in relationship with vendors or manufacturers. So, they have tried to increase their size and brand power. The considered policies related in sales commission of department stores are as following: preventing monopoly or oligopoly of department store, being strength of monitoring for department stores' unfair trade, strict enforcement of law for large-scale retailer's unfair trade, and inducing win-win strategy doing voluntarily by department stores.

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The Welfare Effects of Advertising: The Economic Rationale for Regulation of Advertising (광고(廣告)의 후생효과(厚生效果) : 광고규제(廣告規制)의 경제적(經濟的) 논거(論據))

  • Lee, Kyu-uck
    • KDI Journal of Economic Policy
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    • v.12 no.3
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    • pp.95-123
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    • 1990
  • Advertising, while providing a linkage between sales and consumption, helps promote rational consumption patterns by expanding the scope of information for consumers facing an ever-increasing array of consumption decisions. In so doing, advertising promotes competition among suppliers and sellers, thereby improving market transparency. Intrinsically, advertising can influence the instantaneous decisions made by consumers, and because of this peculiar feature of advertising, ensuring fair advertising practices is a policy issue of great importance. Concurrently, discerning whether the amount of advertising, which is determined by the profit motive of advertisers, is socially appropriate or whether this amount constitutes a waste of scarce resources is a necessary and indispensable consideration in establishing a public policy to respond to the mounting deluge of advertising. Although the Fair Trade Act and numerous other related laws are being enforced with regard to advertising, it may be difficult to say that a unified, practicable and logical basis for regulating the variegated and complex forms of advertising has been established. This paper examines the various theoretical arguments on the welfare effects of advertising as a rationale to justify regulation from the viewpoint of economics. In this manner, this paper helps define the essential nature of advertising and seeks to present a rational approach toward the regulation of advertising.

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A Study of the Legal Principles of the Obligation to Compensate for Damage by Unfair Labeling and Advertising Focusing on the Qualitative Analyses of Supreme Court Precedents (부당한 표시·광고의 손해 배상 책임의 법리에 관한 연구: 대법원 판례에 대한 질적 내용 분석)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.180-185
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    • 2018
  • The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

The Influence of Low Cost Airline's Flexible Fare Policy on Consumers' Perceptions of Price Fairness (저가항공사의 유동적 요금 전략이 소비자의 가격공정성 지각에 미치는 영향)

  • Hwang, Hee-Joong;Choi, Young-Keun
    • Journal of Distribution Science
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    • v.12 no.10
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    • pp.123-128
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    • 2014
  • Purpose - The purpose of the study is to reexamine the price fairness as practiced by low cost airlines, as a consumer has to experience such inconveniences as inferior airport transportation, extra fees on in-flight meals, and non-negotiable seats, and consumers evaluate such experiences keeping in mind their total costs. This evaluation includes price fairness and allows a reasonable and overall consideration of factors of low cost airlines. It tries to set up a measurement of the indicators consumers' perceptions of price fairness academically as it adapts price fairness to airline services which are renowned for price volatility. Research design, data, and methodology - The research proposes an alternative pricing strategy for the long term profit of low cost airlines after going over conflicts between the traditional theory of consumers' price perception mechanism and flexible fair policy of low cost airlines. It was meaningful when it relates to the early stage of the business, while it enhances the risks relating to the long term survival of low cost airlines. In addition, it is significant as it highlights the negative influences on consumers' perceptions of price fairness, as low cost airlines run on extremely low cost perspectives. Results - The results of the research provide insight into four perspectives, as consumers' perceptions of price fairness are influenced by the frequency and range of price changes and services. The first perspective is that it would lead to positive price evaluation when a low cost airline cuts prices frequently with little changes than one big change. It also would lead to the same result when it comes to necessary services. The second perspective is that one big increase of price would rather undermine the negative aspects of price changes than those of several smaller ones. The third perspective is that additional services would be good to consumers' perceptions of price fairness as compared to discount benefits with respect to the cost. Finally, a low cost airline should consider that consumers will change airlines or defer their flight schedule if the flight fares increase beyond their limits. Conclusions - Low cost airlines should reconsider their pricing policies for services that were provided free earlier. A consumer would not like discount benefits when made to pay for services that were, for long, free of charge. If a low cost airline can provide services with no charge, it should improve volumes if the costs are standardized and, moreover, should consider the charging fees. Alternatively, a consumer can choose between services and fair discount. Low cost airlines are implementing sales promotion strategies, as the competition is more intense than it used to be. In these days, they should regard services over sales promotion, as consumers may prefer to spend money on good premium services. Some differentiation in services could create a good market position for the airlines and, hence, good financial performance.

Study on Fairness Consolidation of Real Estate Auctions Secured for Bank NPLs (은행 부실채권(NPL) 담보부동산 경매의 공정성 강화방안 연구)

  • No, Han-Jang
    • The Journal of the Korea Contents Association
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    • v.15 no.11
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    • pp.397-409
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    • 2015
  • The Global Financial Crisis and introduction of International Financial Reporting Standards (IFRS) urged the banks to strengthen their asset qualities. The banks dispose their non performing loans(NPLs) consistently to maintain a sufficient BIS capital adequacy ratio. Accordingly, the interests in auctions, as a disposal method, of real estates that secured for NPLs are on the increasing. This study suggest an alternative for fairness consolidation of real estate auctions which secured for NPLs. First, the impartial entry barriers for NPL sales markets need to be eliminated for fair bidding competition in auctions for real estate that secured for NPLs. In addition, the portion of NPL disposal by real estate auctions need to be expanded. Second, the asymmetry of trade information in the retail markets of NPLs and the abuse of offset by NPL owners' also should be restricted. The Fairness improvement of NPL trading process and real estate auction process that secured for them would of great use in the protection of bidders. Futhermore, it would also contribute to the revitalization of real estate auction markets and the resolution of NPLs of banks through fair disposal of distressed assets.

South Korea's Response to the Formation of the International Regime on Access and Benefit Sharing within the Convention on Biological Diversity (생물다양성협약상 ABS 국제레짐형성 논의와 우리의 대응)

  • Chung, Suh-Yong;Park, Young-Gyu
    • Journal of Environmental Policy
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    • v.8 no.4
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    • pp.1-24
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    • 2009
  • As commercial use of genetic resources increases in modern society, calls for fair and equitable sharing of the benefits thereof have become increasingly prominent, particularly from developing countries. As a result, negotiations have been ongoing for the "International Regime on Access and Benefit Sharing (ABS)" for genetic resources as a successor to the non-binding Bonn Guideline. 2010 has been set as the target date for the Agreement. As South Korea is more likely to be a user country of genetic resources, it will be necessary for it to take part in the negotiating process and contribute to creating the International Regime on ABS, to ensure both appropriate access to genetic resources and fair and equitable sharing of the benefits arising there from. To develop appropriate response strategies for South Korea, it is critical not only to closely examine the negotiations within the framework of the CBD but also to engage in discussions within thescope of related international organizations and domestic legislation. To achieve this goal, it is imperative for South Korea to form a comprehensive Government Response System, composed of relevant governmental bodies including the Ministry of Foreign Affairs and Trade, and the Ministry of Environment, etc.

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Market Success factors of Mobile Games: Differences by Genres and Changes over Time (모바일 게임의 시장 성공 요소: 게임 장르별 차이와 출시 후 시간 경과에 따른 변화)

  • Yi, Sang-Yoon;Kim, Moon-Yong;Han, Sung-Don;Ahn, Jae-Hyeon
    • Information Systems Review
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    • v.10 no.3
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    • pp.21-38
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    • 2008
  • After the introduction stage, Korean mobile game market is approaching to the growing stage leading mobile contents market. The environment for the mobile contents business is getting better by the expansion of the 3G mobile networks and the enhancement of the mobile devices. In this research, at a content level, not a service level, market success factors of mobile games and the differences by genres and their changes over time were investigated through the analysis of the real market data of mobile games launched by a Korean mobile carrier. The most important factors for market success, especially for the genres of RPG/Tycoon/Simulation and Shooting/Action/Arcade, were found to be the 'design' factor and its effect turned to be getting stronger as time goes by after the launch. Consumers' purchase rate was actually higher for the mobile games of popular genres or in relation with socially popular subject matters. Also 'design' and 'creativity' factors which are related to the quality of contents, have gotten more important over time. One of the most interesting results was that there existed a "blue ocean" genres like Sports/Racing/Leisure which had a steady demand but not many competing games. In the analysis of the 'convenience' factor, one interesting implication for mobile game producers was that there exists a trade off between the ease of initial adoption and the steady sales of a mobile game.

Apple eases up on SDK policy: Avoiding antitrust? or strategic decision? (Apple의 폐쇄적 SDK정책 포기의 함의: 반독점성 시비의 회피와 전략적 결정)

  • Kim, Joon-Young;Park, Jin-Kyung;Lee, Bong-Gyou
    • Journal of Internet Computing and Services
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    • v.11 no.6
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    • pp.135-144
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    • 2010
  • Apple recently announced a new policy about software development kit that banned the use of tools that convert apps built on other platforms into iPhone apps. Therefore, Adobe cannot develop their software to AppStore that inquire to the Department of Justice and the Federal Trade Commission about antitrust actions. Someone argue that Apple try to exclusive smartphone market such as the Microsoft antitrust lawsuit in 1998, but this case is essentially different. First, it need to define Apple's software development kit for iPhone and iPad is whether antitrust or not. Because of the characteristics of two-sided market in Smartphone Apple's iPhone cannot monopoly in cellphone or smartphone market, but it can be an antitrust in application store market. However, Apple re-announced new software development kit policy that shows positive results. Instead of hastily intervened regulatory agencies, the DOJ or the FTC, it is quite desirable that watching the interaction between companies that whether market failures or not and if it's harmful for consumer's benefit. Adobe attack Apple to advocate consumers and developers freedom of choice, but the most important thing is conclusion based on a comprehensive analysis need to objective point of view that Apple do whether antitrust act or not and damage to developers and consumers who are both side of platform.

A Study on the Operation of Export Credit Policy preparing for possible WTO ASCM Disputes (WTO 보조금 분쟁을 대비한 수출신용제도 운영방안에 관한 연구)

  • Oh, Won Suk;Kim, Pil Joon;Baek, Seung Taek
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.283-303
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    • 2013
  • When a trade conflict arises related to an officially supported export credit programme, The World Trade Organization(WTO), decides on whether the programme is a forbidden subsidy stipulated in the Agreement on Subsidies and Countervailing Measures(the ASCM Agreement). Korea was taken to the WTO panel two times for the export credit programme. One is the semiconductor case in 2002 and the other was the shipbuilding disputes in 2004. And, In 2012, the U.S. Commerce Department ruled K-SURE's export insurance for Korean refrigerator manufacturers as a forbidden subsidy even if the case was not taken to the WTO. This paper examines the significance of export credit programmes on the WTO ASCM Agreement and discusses how to operate these programmes so they would not infringe upon the Agreement by analyzing the actual cases of WTO subsidy conflicts that involved Korean enterprises in relation to export credit programmes for the purpose of determining the related issues and impacts. From this research the results were as follows: First, on whether export credit is a prohibited subsidy, the deciding factor was whether a benefit has been conferred to the beneficiary. On the presence of a benefit, the WTO panel used market benchmarks as the main criteria. Thus, official export credit agencies(ECAs) should be careful not to provide export credit support which had been granted to the beneficiary at better than market terms. Second, in the case of export credit, the special status of ECA as a public body receiving government support itself does not constitute a subsidy. However, caution must be taken not to provide export credit that may lead to WTO ASCM subsidy conflicts involving a certain exporter or industry by setting up clear and valid regulations and fair work processes in the operation of export credit programmes. Third, item (j) of Annex I cannot be interpreted reversely as this item is for interpreting the presence of a prohibited subsidy, not the presence of a benefit. Thus, an export credit program that confers a financial contribution, a benefit and specificity, could qualify as a prohibited subsidy. Fourth, ECAs not only have to maintain long-term account balance but also introduce additional measures to meet this long-term balance such as a clear and systematic premium system. Finally, export credit programmes that are not defined in item (j) of Annex I of the ASCM Agreement would not deemed as an prohibited export subsidy as long as the continued support of the programmes are not being forced.

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