• The Journal of the Korea Contents Association
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• v.12 no.11
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• pp.58-67
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• 2012

It is widely observed in the Korean broadcasting production industry that unfair trade practices occur either when the drawing up a contract is ill-timed, when the contract's stipulations do not adequately cover possibilities in reality, or when the contract is simply breached. In particular, the most prevalent cause of the breach of contracts lies in the broadcasting production practices. Hence, systematic efforts should be made to improve the daily practices of the production industry by ensuring that the whole production process is carried out by contract. In order to achieve this, the following are suggested: i) A preliminary contract is to be made prior to the main one. ii) A standard production contract, which can be used as a template for other sub-contracts such as writing contracts, acting contracts, employment contracts, and so on, needs be introduced. iii) The standard contract should stipulate the obligations of the personnel from broadcasting companies, the recognition of the rights of production companies that created formats, and the boundary of the autonomy that production companies can exercise during production, in particular. iv) Prohibitive provisions are to be introduced into the Broadcasting Law in order to limit the causes for unfair trade practices.

• International Commerce and Information Review
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• v.7 no.4
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• pp.409-433
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• 2005

The lighting equipments industry in Korea has been characterized as high-costly and low-efficient, and has been decreasing in its international competitiveness since the birth of the WTO. The industry has been exposed to a harsh competition with large quantities of cheap imports from China and has been influenced by the unfair trade of Chinese enterprises. Korea Trade Commission and other related government bodies in Korea are required to enforce import regulations against Chinese products and investigate thoroughly unfair trade practices including false indication of country of origin, infringement of intellectual property rights and dumping.

• Culinary science and hospitality research
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• v.14 no.3
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• pp.69-84
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• 2008

The franchise business in Korea, having a relatively short history compared to those of the advanced countries, disclosed many problems between franchisors and franchisees due to a rapid growth in number for the short period of time. Having recognized these problems, the Korean government, responding to social demands, established "The Fair Trade Practices Law for Franchise Business" to restrict unfair trade practices and to develop a healthier franchise business practice in general. In this study, we closely examined how the franchisees' understanding of the related laws would influence the franchisees' countermoves and satisfaction and the franchisor's reactions from the franchisees' standpoints. In conclusion, the franchisees show higher satisfaction in heteronomous changes achieved by the mutual agreement with the franchisors rather than in autonomous changes achieved by their active pursuits, as seen from the interrelation of the franchisors' reactions and the appropriateness of franchise agreements.

• Korean journal of communication and information
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• v.38
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• pp.245-275
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• 2007

This study analyzes interactivity between formal policy and informal trade practices at outside production market of broadcasting production environment in Korea. For this, this study raises three topics. First, the trait of historical context of policy making at outside broadcasting production policy: Second, the trait and meaning of path dependency behavior in the process of trade practices between over-the-air TV Organization and independent production companies : Three, the meaning of interactivity between formal policy and informal trade practices at outside broadcasting production market. Major findings of this study are : the trait of policy making was concentrated on the quantitative rates of the outside production program. And, the trait of trade practices was unfair rivalry in accordance with the custom of insider dealing. The chief cause of the conflict structure of outside broadcasting production market is lacked in policy complement at the qualitative dimension.

• The Korean Journal of Franchise Management
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• v.2 no.1
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• pp.119-133
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• 2011

The objective of this study is to establish the basic concepts for franchise agreements in consideration of both theoretical and practical conditions, to set the parameters for the discussion regarding the practical business matters pertaining to franchise agreements, and to analyze the criteria for determining the illegality of unfair trade practices based on research into actual practices in franchise transactions and on case studies of the implementation of laws by the Fair Trade Commission. The study aims to thereby contribute to the stabilization of laws in franchise transactions, benefiting all parties including franchise-related institutions, participants in franchise transactions, and related consumers. In conclusion, even in cases where regulatory exceptions are applied within the Fair Franchise Transactions Act when determining the illegality of franchised businesses, it is impossible to eliminate illegality unless all necessary and sufficient conditions have been included, and even if the procedure for evading illegality has been undertaken, illegality may not be eliminated unless the contents thereof are legitimate.

• Journal of Distribution Research
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• v.12 no.3
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• pp.91-109
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• 2007

This paper intends to examine the antecedents to the ex-post supply price cut which is typical retailer's unfair trade practices from three perspectives such as market power, efficiency, and retailer's tendency. For the empirical research, we analyzed manufacturer's 79 key account managers who have traded with domestic discount stores. As a result, the harder a retailer tries to increase sales and margin simultaneously, the more the retailer tends to use the ex-post supply price cut against manufacturers. In addition, the most frequent pattern of ex-post supply price cut occurs after retailer's discount at discretion. Finally, we suggest this research's implications, limitations of this research with future research directions.

• Korea Trade Review
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• v.44 no.6
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• pp.231-246
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• 2019

Circumvention refers to the situation in which exporters try to circumvent import restrictions by setting up factories in third countries and assembling and producing parts locally. Circumvention dumping eliminates the impacts of existing anti-dumping measures, and major countries are introducing anti-circumvention dumping laws to address this problem. If the act of the exporting country is recognized as a circumvention dumping activity, anti-dumping duties are applied retroactively to the imported goods or components. Evasion is an act of importation that results in the reduction or non-application of cash deposits, securities, or anti-dumping or countervailing duties, in a manner that is substantive or false, substantive or omission. In this article, we reviewed the contents and examples of the anti-circumvention measures by the US Department of Commerce (DOC), the International Trade Commission (ITC), and the Anti-Evasion measures by the CBP. The CBP examples show how much inference can be made about which parts of the CBP's investigations, and in what ways. The enactment of the EAPA created an environment in which the role of the CBP was directly guaranteed, and it was possible to apply adverse inferences to those who did not respond to requests for information, resulting in stronger CBP's authority. Therefore, it is advisable for Korea to examine the introduction of domestic laws, such as the bypass anti-dumping system, in order to cope with unfair trade practices that undermine and neutralize the effects of anti-dumping measures.

• International Commerce and Information Review
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• v.16 no.1
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• pp.117-142
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• 2014

China having largest market in the world, has been criticized by its trading partner countries due to its unfair trade practices, particularly in the field of anti-dumping regulation. The main reasons for such criticism seem to come from the incomplete anti-dumping law as instrument to protect the industry concerned. In 2001, though new anti-dumping law was established to replace the former one by revising it to meet the needs for economic development which should be secured for china to take part in the competition world as the new member of WTO. The provisions concerned have been evaluated not to be sufficient and efficient from the viewpoint of the safeguard mechanism, while are required to be modified to meet the real world of international trade law. I consider that as the biggest partner of chinese trade activity, we will need to maintain a well understanding of the Chinese anti-dumping regulations. So this report conducts the Chinese anti-dumping regulations, compares between the chinese regulations and the WTO agreement, and studies deeply in to the problems and the improvements of the Chinese anti-dumping regulations.

• Journal of Distribution Research
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• v.16 no.5
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• pp.1-18
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• 2011

Local assemblers of agricultural products perform important distribution functions such as providing sales outlets, labor forces, market information, and financing, forward contracting, farming, physical distribution, and etc. However, their business activities are not transparent and producers are not effectively protected from unfair practices done by local assemblers. In order to enhance transparency and to increase effectiveness of governmental policies, local assemblers, which are mostly private management, should be organized as corporations. In order to organize corporations, the government should emphasize the importance of education and should provide corporations with governmental funds for improvement of agricultural distribution. Corporations should be developed to marketing cooperatives in the long run, and are requested to form their federations. It is also necessary to have transparent forward contracting system by local assemblers. In order to have transparent system, producers and local assemblers are guided to use standard contract forms and to operate offices handling unfair trade practices by local assemblers. We also need a place to exchange forward contracts, which can be developed to a futures market in the long run. In summary, local assemblers of agricultural products, which are mostly private management, should be developed to corporations and be operated by a transparent manner in order to protect agricultural producers and increase efficiency of trading.

• International Commerce and Information Review
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• v.17 no.3
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• pp.133-152
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• 2015

Cause of the technology leakage and trade secrets can be leaked to the lack of infrastructure, lack of coping skills of SMEs. In addition, small businesses can avoid technology outflow and re-experience the same half of the damage, even when the external leak developed after the fact and does not demonstrate such technology leakage time for the technology and situation which did not take any action, security, infrastructure investments difficult, work-related knowledge, lack of security, trade secret protection dedicated staff, inadequate legal and institutional measures have been identified as such complaints to date. For subcontracting, etc. mid-sized transactions, hinder the growth of SMEs, SME cross-technology leakage to the increase in unfair practices, including useful, and this has been accompanied by growth-based business-to-business it weakened.