• Title/Summary/Keyword: territory encroachment

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Conflicts between Protected Franchise Territory and Unrestricted Delivery Trading Area

  • LEE, Soo-Duck
    • The Korean Journal of Franchise Management
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    • v.11 no.1
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    • pp.45-60
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    • 2020
  • Propose: The expansion of the delivery market in franchise business is a positive means of advertising and promotion for franchisees and contributes to substantial sales growth for stores. However, unrestricted and uncontrolled delivery sales and business activity of franchisee directly lead to encroachment of business territory between franchisees, resulting in increased operating costs of franchisees and conflicts between franchisees over rights and interests on franchise business. Moreover, in relation to the restrictions on the opening of competitors, it is incapacitating the law intent of prohibiting unfair encroachment of business territory, in the issue of the Fair Franchise Act in regard to guarantee of exclusive sales and business activity rights of franchisee. This study aims to point out major problems arising out of franchisee's infinite competition on delivery sales and business activity that are not restricted or controlled and then suggest legal supplements, policy tasks, and practical implications for improvement on the issues. Literature Review: In franchising business transactions, vertical restraints are associated with the exclusive territory establishment, control of transaction area, restriction of intangible sales and business activity of franchisee. Therefore, in the franchise business, it is necessary to take positive interpretation and application on e-commerce, the area of e-commerce, and delivery trading area and find proper and practical ways, by virtue of constructive attitude of each actor, to reduce the encroachment of business territory and various conflicts caused by unrestricted delivery trading area. Conclusion and suggestion: The finding shows that unrestricted or uncontrolled delivery sales and business activity of franchisees cause encroachment of business territory and many conflicts among franchisees. And this matters also weaken the legislation of the law on the protection of the business territory and can be negative factors that disrupt the protection of identity and sound development of the franchise industry in the long run. Therefore, in the franchise business, it is necessary to take positive interpretation and application on e-commerce, the area of e-commerce, and delivery trading area and find proper and practical ways, by virtue of constructive attitude of each actor, to reduce the encroachment of business territory and various conflicts caused by unrestricted delivery trading area.

Radius Restriction and Franchise Encroachment in the Korean Coffee Franchise Industry (모범거래기준과 영업지역침해: 한국 커피 프랜차이즈 산업을 중심으로)

  • Yu, Min-Hui;Kim, Ji-Yeong;Choe, Yun-Jeong
    • Journal of Regulation Studies
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    • v.27 no.1
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    • pp.153-188
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    • 2018
  • This paper reviews the literature regarding exclusive territory restraint and encroachment and compares the development of related policies in the United States, the European Union, and South Korea. Furthermore, using coffee franchise industry data in South Korea, this paper analyzes the effects of the exclusive territory restraint on entry and exit of coffee shops. The results show that the growth rates of regulated brands' entry have stagnated during the implementation period of the KFTC's Franchising Best Practice Code. Moreover, the exit rates of coffee shops in two years after its entry decreased under the Best Practice Code and the revised Franchise Law.

Characteristics of High Modernism in the Path of Policy for Urban Parks and Greenbelts under the Kim Hyeon-Ok's Mayoralty (1966-1970), Seoul (김현옥 서울시장(1966~1970년)의 공원녹지 정책 경로에서 나타난 하이 모더니즘 특성)

  • Oh, Chang-Song;Kim, Keun-Ho
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.5
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    • pp.27-45
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    • 2021
  • The purpose of this study is to trace the path of policy for urban parks and greenbelts (PUPG) pursued by Seoul Mayor Kim Hyeon-ok, who was a protagonist of Seoul's modernization and to reveal the policy's characteristics. A high modernism perspective was projected to advance his PUPG discussion. High modernism was an unavoidable phenomenon that appeared in post-war urban reconstruction projects and emerged in the form of a belief that the national elite creates the ideal social order and rational planning. Its characteristics were to build with legibility, immediacy, and convenience by power, with private participation and profit creation, while realizing the spectacle of "the city being built". As a high-modernist, Seoul Mayor Kim Hyun-ok's urban planning aimed to deal with the booming population and the expansion of Seoul's territory. Although his PUPG extended the parks to the outskirts of Seoul, he showed a dualistic attitude, diverting parks away from the city center. On the other hand, he induced the participation of the private sector to create parks. However, he showed the other side of modernization, eliminating the placeness and excluding related systems. The path taken by Mayor Kim Hyun-ok's PUPG was started to respond to population growth and resolve the encroachment of parks. The ultimate goal was to accept the realization of urban planning and experiment with non-financial methods. The characteristics of his PUPG reflecting high modernism were: First, elites were represented in the National Land Planning Association, HURPI, and Jang Moon-gi participated; second, legibility was ensured by using east-west and north-south axes, elevation standards, and rational planning. Third, parks were quickly released to respond to the rapid urban change. Fourth, it showed off events and spectacles to attract private capital.

The appropriate amount of Defense budget for stabilizing National security in Northeast Asia (동북아지역의 안보균형을 위한 적정수준 국방비 분석에 관한 연구)

  • Lee, Wol-Hyeong;Kim, Hyung Jae
    • International Area Studies Review
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    • v.20 no.1
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    • pp.277-295
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    • 2016
  • It is undoubtedly true that national security in Korean peninsula is on the road to destabilization. The main factors are known to be North Korea's development and experiment on nuclear arms, especially the forth nuclear experiment on January 6th, ICBM launch February 7th, and encroachment upon the territory the NLL on the 8th along with the shutdown on Gaeseong Industrial Complex. Also, China's trouble with other nations over sovereignty over islands in the South China Sea and the fact that Japan's government is veering to the right side and having territorial dispute are making the case worse. Nations in Northeast Asia are striving to obtain the interest for the sake of their own country. In order to do so, they're walking the path to achieve national security. Until then, they are not so willing to participate foreign matters or economical race. Even in our perspective, these issues are many of the main problems which our country is currently facing. However, it is important for them to avoid making policies which may take away the citizen's happiness. The number one priority for the nation or any form of a group is to act in the best interest for the national security and the citizen's happiness. They are the main factors why a nation could exist. They are the symbols of a nation's sovereign authority. Countries outside are proving it by increasing their national defense budget even in this unprecedented economical crisis. If we are willing to stay the same as ever, the disparity in the military force will not be the same in the future. In conclusion, the study examines the problem which changes in Northeast Asia's defense environment could bring and the appropriate amount of national defense budget in order to support the nation's integration of its abilities to move toward South and North Korea's unification.