• Title/Summary/Keyword: 거래의 불공정성

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수직적 거래관계의 불공정성에 관한 연구;제조업자와 유통업자 관계를 중심으로

  • Im, Chae-Un;Pyeon, Hae-Su;Baek, Seon-Hyeong
    • Proceedings of the Korean DIstribution Association Conference
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    • 2007.11a
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    • pp.95-108
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    • 2007
  • 본 연구는 수직적 유통거래 관계에서 거래의 불공정성을 발생시키는 선행요인과 결과요인에 관한 모형을 겁증하고자 하였다. 이를 위하여 기존 연구를 바탕으로 거래의 불공정성의 개념을 도입하고, 실증적으로 검증하여 향후 거래의 불공정성 연구에 응용될 수 있는 기반을 마련하고자 하였다. 또한 시장지배력이론과 거래비용이론을 적용시킴으로서 거래의 불공정성에 대한 보다 폭넓은 이해를 위해 노력하였다. 이러한 연구목적 달성을 위하여 문헌연구를 통해 가설을 도출하였으며, 국내 소비재 제조기업 표본 258를 대상으로 실증분석을 하였다. 제조업체의 브랜드 자산이 높을수록, 거래의 불공정성은 감소하는 것으로 나타났으며, 제조업체와 유통업체간의 상대적 의존성이 높을수록 거래의 불공정성은 증가할 것이라고 결과가 도출되었고, 마케팅협력정도가 높을수록 거래의 불공정성은 감소할 것이라고 나타났다. 거래의 불공정성이 증가할수록 관계지속기대감은 감소할 것이며, 거래의 불공정성이 증가할수록 신뢰는 감소할 것이라는 결과가 도출되었다. 연구결과를 기반으로 본 연구는 이론적 시사점, 실무적 시사점, 연구의 한계점 그리고 미래 연구방향에 대하여 논의하였다.

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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 regulation for unfairness and unfair trade practices in franchise business (프랜차이즈 거래의 불공정성에 대한 규제와 불공정거래행위에 관한 연구 - 공정거래위원회 심결례 분석을 중심으로 -)

  • Gwon, Yong-Deok;U, Jong-Pil;Lee, Sang-Yun
    • 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.

A Study on Ethical Problem of Insider Trading (내부자 거래의 윤리적 문제점에 대한 연구)

  • Yoon, Hye-jin
    • Journal of Korean Philosophical Society
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    • v.126
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    • pp.213-233
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    • 2013
  • The aim of this paper is to reveal the ethical problem of insider trading. 'Insider trading' refer to obtaining information from non-public sources such as private acquaintances about trade secret, using it purposes of enhancing insider's financial advantages. And sometimes such a practice can be conducted fraudulently. Therefore, the focus of this paper will be on fairness or justice arguments against insider trading. And all kinds of discussion this paper are to focus the underlying consideration behind these arguments, that is, the underlying consideration about violation of ethical standards of fairness. First, one of these arguments argues that insider trading does necessarily involve defrauding general investors such as general employees, general stockholders. And economic power and unjust advantage of insider can be exercised to the detriment of this non-insider's interests. Second, another argument argues that insider trading undermines competition which is the principle of any free market. And insider trading is not only a complication in the free market mechanism, but also thwarts free competition which free markets depend. Third, the final argument argues that insider trading will be made something unfair about the concept of equal access to information. This argument argues, therefore, that to permit insider trading would be to set up stock market trading rules that are unfair to non-insiders.

Alleviating and Promoting Factors on Dissolution Intention in Low Commitment Buyer-Seller Relationships (저결속 구매자-판매자 관계에서 관계해지의 완화요인과 촉진요인)

  • 오세조;강보현;김상덕
    • Journal of Distribution Research
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    • v.9 no.3
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    • pp.21-47
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    • 2004
  • This study has investigated the effects of relieving and promoting factors on dissolution intention under the condition of low commitment buyer-seller relationships. Based on intensive literature reviews, eight alleviating factors (dependence, cooperation, communication, relational norms, transaction specific investments, relationship termination costs, satisfaction, and trust) and five promoting factors (opportunism, conflict, goal incongruity, attractiveness of alternatives, and unfairness) were included. A total of thirteen hypotheses were testee using data collected from a dining franchising system. Among 300 collected, 79 cases of low commitment buyer-seller relationships were analyzed. The results showed that eight out of thirteen hypotheses were supported. But five hypotheses related to the variables of cooperation, transaction specific investments, relationship termination costs, attractiveness of alternatives, and opportunism were not supported. following a detailed presentation of the analysis results, the paper concludes by discussing the academic and managerial implications of the findings.

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A Study on the Fair Trade of Content Rights: Protecting Small & Medium Sized Content Creators and Publishers in the Nested Publishing Industry (콘텐츠 권리의 공정거래에 관한 연구: 출판산업 가치사슬에서 중소 콘텐츠 창작자와 출판업자의 권리 보호)

  • Choi, Gyoung-Gyu;Lee, Young-Dae
    • The Journal of Small Business Innovation
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    • v.20 no.2
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    • pp.51-66
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    • 2017
  • Online and wireless communications have dramatically changed the contents industry marketplace. Content transactions are now instantaneous as distribution channels move from the 'mart' to smart platforms, creating opportunities for content creators large and small. Yet with opportunity comes the threat of imbalance in the industry ecosystem. In order to ensure the health and diversity of an industry that relies so heavily on the welfare of small creative enterprises, it is essential to establish rules for the fair transaction of content rights. Several structural forces may work against such rules: first, the industry consists of a large number of small distributor intermediary businesses (e.g. major publishers); second, end distributors (e. g. platforms) maintain a superior, monopsony position; and third, economic valuation of content is difficult. In terms of acquisition business model, rights transactions can be classified into three general models: (1) license model, (2) original acquisition model, and (3) monopsony model. This study explores the publishing industry in detail, considering key statutes and their operation across the models. From analysis of Korea and the US statutes and case law, and decisions of the Fair Trade Commission (FTC) of Korea, we offer evaluation criteria for discerning between fair and unfair content rights transactions. We further recommend industry practice that may enhance the likelihood for fair content rights transactions, and thus a thriving publishing ecosystem.

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The effect of managerial characteristics of franchisor on the perceived justice of franchisee (가맹본부의 관리적 특성이 창업 가맹점주의 공정성 인지도에 미치는 효과)

  • Kim, Gil-Sun;Ahn, Kwan-Young
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.7 no.2
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    • pp.157-165
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    • 2012
  • The specific gravity is heavily focused on the service industry in the economic development of domestic and overseas in these days. This will be predicted to increase persistently in the future society. Therefore the franchise system has been diffused as one of a management methods for these service industry. The franchise system is an advanced country's circulation system which has been populated in an advanced country. After the opening of circulation market, rapid growing trend has been showing on foreign country's popular brands in the local domestic market. So the franchise system has been largely focused on among the domestic manufacturing and the circulation companies. This study is to review how the management characteristics(headquarters' supports, communication, menu development, compensation) will affect the fairness perception of franchisee owner. The results of my study are as follows; It appeared that communication, menu development and compensation affected all the distribution fairness and the procedure fairness affirmatively.

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The Legal Nature and Problems of Air Mileage (항공마일리지의 법적 성격과 약관해석)

  • Kim, Dae-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.163-199
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    • 2010
  • A frequent flyer program is a loyalty program offered by many airlines. Typically, airline customers enrolled in the program accumulate frequent flyer miles corresponding to the distance flown on that airline or its partners. There are other ways to accumulate miles. In recent years, more miles were awarded for using co-branded credit and debit cards than for air travel. Acquired miles can be redeemed for free air travel; for other goods or services, such as travel class upgrades, airport lounge access or priority bookings. The first modern frequent flyer program was created Texas International Airlines in 1979. This program was also adopted in Korean Air in 1984. Since then, the mileage programs have grown enormously. As of June 2009, the total member of two national airlines in Korea had been over thirty million. However, accumulated miles could be burden of airlines, because the korean corporations should record the annual financial report the accumulate mileage on a liability account by 'the international financial report standards(IFRS)' next year. The korean airlines need to minimize the accumulated miles, so that for instance Korean Airlines SKYPASS-miles expire 5 years after being earned. It means that miles earned on or after July 2008 will expire after five years if unredeemed. Thus, this paper attempt to analyze the unfairness of the mileage rules of korean airlines by examining a specific portion of the conditions relating to consumer protection, because many mileage users has difficulties using mileage programs and complained the amendment of the mileage rules. In conclusion, the contemporary mileage rules in Korea are rather unsatisfactory, because airlines is not only recognizing a mileage into a kind of benefit but also denying inheritance of mileage and the legal nature of mileage as a property right. It is necessary to amend relevant mileage rules in view of consumer protection, because air mileage is not simple benefit but a right of mileage user.

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