• The Journal of the Korea Contents Association
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• v.12 no.11
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• pp.368-376
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• 2012

Government has strictly regulated the concentration of the media market because the number of broadcasters was traditionally limited and they had significant influence on public. However as the media market converges with Internet's open architecture, scarcity and pervasiveness are losing their roles in justifying media regulation. This article examines market convergence and its impact on market concentration, and criticizes the current concentration regulation. The study indicates that market performance are much governed by firm's competitive actions than market structure, and that vertical integration contributes to service innovations, and that horizontal concentration makes it difficult to measure due to its even-changing market definition. Therefore, the regulation for market concentration should shift its focus from firm's market share to broadcaster's unfair acts driving market inefficiency and hurting content diversity.

• Cross-Cultural Studies
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• v.33
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• pp.331-358
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• 2013

This paper looks into several aspects of linguistic behaviors attested in Korean and American English corpora. A special attention is paid to the areas of politeness phenomena, terms of address, power and solidarity, practice of flattery, and closely-related non-linguistic behaviors such as tipping and gift-giving conventions. An analysis of the data reveals that Korean society remains very much superior-oriented, non-egalitarian, non-democratic despite the pride and sense of accomplishment among the populace that the nation has achieved a satisfactory level of democracy. In particular, the following facts in Korean and the Korean society are exposed by an examination of the data: ${\bullet}$ There is a notional gap of positive politeness ${\bullet}$ Superiors enjoy an unfair advantage in the power and solidarity system ${\bullet}$ The terms of address system is set up to make a clear distinction between levels and the terms of address, in turn, dictate norms of expected behavior ${\bullet}$ The notion and practice of flattery heavily favors superiors ${\bullet}$ Non-linguistic acts of gift-giving and tipping are consistent with the examined social interactions As a result, all the benefits, emotional as well as material, are garnered by superiors. These facts may reflect the real Korea that people are used to being comfortable with, a pre-modern, feudalistic society, something akin to its kin in the north. We may proclaim that we aspire to a more democratic society. However, it appears Koreans, deep inside, may have been seeking a powerful dictator all along. These findings help provide a partial but insightful clue to the political puzzle: why Koreans grew uncomfortable with an egalitarian and democratic president and could not save him, but instead replaced him with a succession of a corrupted businessman and the authoritarian daughter of a former dictator. The flight to democracy has stalled in midair, not quite making the grade yet. There is plenty of linguistic evidence in Korean.

• International Area Studies Review
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• v.16 no.1
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• pp.123-146
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• 2012

In this paper, we did on the new theory, policy, institution and legal research on the international competition order and justice society for 21st century. At first, we introduced the basic of competition law for fairness of trade in the new international market order under WTO. Secondly, we are researched on the economic approach of the competition law, market competition order and justice society in the new globalism. Third, we studied the international circumstance through the analysis of the patterns of the anti-competition practices and the regulation systems for competition order. We also reviewed the execution criteria and precedents of the fairness theory and competition laws in the USA, EU, Japan, and Korea, briefly. Finally, we presented to the alternative policies that based on our study about the new theory, policy, institution, competition law in opinion from reach the international market competition, fairness society and economic justice for 21st century under WTO.

• 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.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.53-85
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• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• Journal of Legislation Research
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• no.41
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• pp.261-302
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• 2011

A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.