• Journal of Internet Computing and Services
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• v.13 no.1
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• pp.27-36
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• 2012

This study aims to find out the effectiveness of regulation of promotional gifts and exemption of charges by analyzing the judgement criterion of illegality and the corrective action taken by regulatory agencies and suggests effective way of regulation. The results show that recently the differences of price-cut is getting bigger. In addition, Fair Trade Commission has considered discounts as unfair predatory price only if price is below the cost. But in the telecommunication business law enacted by Korea Communications Commission, 'expected profits per subscriber' has been applied as a key criterion. KCC's criterion is based not on the expected profit of individual service provider but on the averaged profit of services providers. It doesn't consider differences of service quality and the cost structure between dominant firm and late comers. Prohibition act of user discrimination result in the increase of subscriber and operating profits of late comers but this is not direct purpose of regulation. It can be desirable in the aspect of fair competition but since it may reduce consumer welfare, the criterion needs to be reconsidered.

• The Journal of the Korea Contents Association
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• v.7 no.5
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• pp.166-173
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• 2007

This study analyzed the valuation of stock market for marketability of mobile contents. We investigated, during the period of 2002 to 2005, the anormal returns of each firms which announced the launching of new mobile contents. As a result, we found statistically significant average abnormal return(AAR) at launching day of new mobile contents. And the meaningful average cumulative abnormal returns(ACAR) are observed during event period. Which means that the launching announcement of new mobile contents leads to statistically significant positive abnormal returns at stock market. Therefore, we concluded that stock market react immediately to new mobile contents, and which valuate only specific value but also implied value of contents.

• The Journal of the Korea Contents Association
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• v.17 no.12
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• pp.289-298
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• 2017

This study analyzed the accomplishment of the outsourcing production policy which forces broadcasting companies to schedule and broadcast more than a certain proportion of outsourcing production programs. According to the results from the examination of whether or not the policy increased the diversity of broadcasting programs, it is positive that a rise in the number of production companies resulting from the implementation of the outsourcing production policy increased the diversity of broadcasting program makers, but programs supplied were limited to certain genres, failing to be diverse. According to the results from the examination of whether or not the competitiveness of broadcasting and video contents increased, production conditions had not improved due to the controversy over the ownership of the right of production between terrestrial broadcasting companies and outsourcing production companies. In addition, though there was the positive effect of increasing export of broadcasting programs, the exports were limited to certain genres.

• Survey Research
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• v.11 no.3
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• pp.57-79
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• 2010

This study evaluated the policy performance of i) Public Notice of Critical Information, ii) Substantiation of Facts in Labeling and Advertising, iii) Temporary Injunctions, and iv) Advertisement Correcting Misrepresented Facts, which were main policies belonged to Fair Labeling and Advertising Act(hereinafter referred to as "FLA Act"). The data was collected by visiting 76 persons personally, who were consumer policy and law experts, labeling and advertising staffs of corporations, and persons in charge of policies including public officials dealing with consumer policies at Korea Fair Trade Commission, while using a structured questionnaire at the same time. The survey was performed to examine the general policy performance and evaluation the results of FLA Act by evaluation methods. The results of the analysis are comprehensively summarized as follows. There were differences in the ranking of policies evaluated by labeling and advertising staffs of corporations and persons in charge of policies according to evaluation methods, and, in Simple Evaluation, higher scores were gained compared to Weighted Evaluation which reflected weighted values or Fuzzy Evaluation. The result shows that evaluation results can vary in policy performance evaluation according to evaluation methods.

• Journal of Korea Fair Competition Federation
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• no.113
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• pp.15-31
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• 2005

최근 미국의 법원은 담합을 입증하려는 시도를 주로 경제적 증거에 입각하여 분석하는 추세를 보여 왔다. 하지만 담합의 존재를 입증하는데 있어서 경제분석의 역할에도 많은 이견이 날카롭게 표출되었다. 담합의 존재에 관한 경제적 증거를 분석하는 데에 있어 유일한 합리적 근거는 최신과점이론(Modern oligopoly theory)이다. 그런데 증인으로 나선 많은 경제학자들과 법원이 최신과점이론에 자신들의 분석을 뚜렷이 기초하지 않았기 때문에, 판례법의 현 상태가 불만족스럽다고 주장하는 것이 본 논문의 핵심적 내용이다. 셔먼법 제1조는 ''계약, 결합, 공모(contract, combination, or conspiracy)에 의해 초래되는 거래(즉 경쟁)의 불합리한 제한을 규제''하는데, 이러한 계약 결합, 공모의''용어들은 합의라는 하나의 개념으로 통합하여 이해''할 수 있다. 제 1조는 다수의 당사자가 ''단일한 목적, 공통된 의도와 의견의 일치, 혹은 의사의 합치(Meeting of minds)'', 즉 ''공통된 계획에 대한 의식적 참가(consious commitment to a common scheme)''를 합의한 모든 협약을 규제한다. 셔먼법 제 1조 위반을 입증하기 위해서는 일치된 행동이 합의 하에서 일어났음을 입증해야 한다. 미국 법원은 합의를 추론할 수 있는 증거력 있는 정황증거(admissible circumstantial evidence)의 원칙을 확립하였다. 독점가격에 가까운 수준의 과점가격 설정은 ''조정되었다(coordinated)''라고 칭해지는데, 이는 ''구두 합의''와 ''암묵적 합의''의 두 가지 형태로 나뉜다. 한편, 일회게임 과점 모형과 반복게임 모형은 과점이론의 핵심을 이룬다. 과점에 대한 Chamberlin의 견해는 본래 게임과 Stigler의 모형은 그와 같은 생각의 오류를 가르쳤다. 그러나 판례법은, Petroleum products antitrust litigation사건과 reserve supply사건에서 볼 수 있듯이 종종 그러한 교훈을 망각했다. 최신과정이론과 판례를 종합해 보면, 합의의 존재에 관해 경제학자가 이끌어내는 추론과 법원이 이끌어내는 추론을 포괄하는 다음의 네 가지 일반적 원칙이 도출된다. 1. 합의가 추론되기 위해서는 상호의존성을 넘는 무언가가 먼저 제시되어야 한다. 2. 합의의 존재는 일회게임 과점 모형에서의 비협조적 내쉬균형과 일치하는 행동으로부터는 추론될 수 없다. 3. 합의의 존재는, 비록 무한반복 과점게임에서의 비협조적 내쉬균형(혹은 Chamberlin-Fellner식의 과점)과 일치하더라도, 일회게임 과점 모형에서의 비협조적 내쉬균형과 일치하지 않는 행동으로부터 추론될 수 있다. 4. 증거는 구두합의의 존재를 뒷받침해야만 한다. 이러한 원칙에서 얻을 수 있는 가장 중요한 교훈은, 합의가 존재하지 않을 경우 과점상황으로부터는 독점가격이 예상될 수 없다는 사실을 법원이 인식하는 것만으로도 합의의 추론에서 범하기 쉬운 가장 큰 오류를 회피할 수 있다는 것이다.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.295-316
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• 2011

If the medical staff privileges, which mean the eligibility to practice at open hospitals, are excluded in the United States, antitrust claims based on the violation of the Sherman Act have been raised a lot. The proliferation of these lawsuits in the United States, which are characterized as antitrust lawsuits, can be understandable situation. The reason is because doctors who don't belong to specific hospitals are seriously damaged, if the medical staff privileges are excluded and doctors cannot use facilities of open hospitals. In order to decide to allow the privileges of certain doctors, hospitals have to rely on peer review to maintain high quality of medical services, and it is not easy to find alternative of peer review in the professional areas like healthcare. However, there are possibilities that members of the peer review can abuse power to unfairly exclude privileges of potential competitors. In this sense, it is asserted in the U.S. antitrust lawsuits that the restraint of medical staff privilege can be the illegal restraint of trade in violation of section 1 of Sherman Act and can be monopolization or an attempt to monopoly by hospitals in violation of section 2 of Sherman Act. As Korea adopted open hospital system quite recently, there is still no case related with the exclusion of medical staff privileges. However, medical staff privilege system of Korea is not different from that of the United States in principle. Thus, the U.S. jurisprudence on the exclusion of medical staff privileges can be referred in the interpretation of "practice that interferes with or restricts the activities or contents of the business" based on Article 19.1.9 of Monopoly Regulation and Fair Trade Law of Korea.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.49-72
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• 2009

Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

• Proceedings of the Korean Association for Survey Research Conference
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• 2001.06a
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• pp.95-108
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• 2001

One of the most important things in channel of distribution is the management of intrachannel conflict. In this study, I tried to find out the major sources of conflict among distribution channel members of petroleum industry and home electronic industry which have two types of distribution channels - sales branch and agency, and also investigate how the level of conflict influence the business performance. The results of the study showed that the imbalance of power, nonfulfillment of roles by manufacturers, nonfulfillment of roles by dealer, divergence in perceptions, intrachannel communication noise have positive relation but role clarity has negative relation with conflict. The results indicate that the more power manufacturer exerts upon dealer, the less manufacturer and dealer practice their roles, and the more communications noise there is, there will be more conflict between channel members. I also analyzed the relationship between conflict and business performance and the result came out as expected, the more conflict there is the less business performance. Little difference was found in sales branch and agency on that aspect.

• The Journal of the Korea Contents Association
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• v.15 no.6
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• pp.62-72
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• 2015

The purpose of this study is to discuss new entrants' role in a business ecosystem and to analyze growth strategies of a new entrant in the movie industry. When participants of a business ecosystem complement one another with their own unique capabilities, they can coevolve and develop the business ecosystem. Especially, new entrants armed with competitive advantages are the key success factor for improving robustness of business ecosystem. Korean movie industry is dominated by a few large enterprises and thereby threatening fair trade. In an effort to encourage new entrants in the industry, this study analyzed success factors of a film distributor, Next Entertainment World(NEW). The success factors include unique criteria in selecting scenarios, quality management, rapid decision making process, and competent management team. Implications for the results and the future study are discussed.

• Journal of Distribution Research
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• v.9 no.1
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• pp.93-110
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• 2004

One of the most important things in channel of distribution is the management of intrachannel conflict. In this study, 1 tried to find out the major sources of conflict among distribution channel members of gasolin industry and home electronics industry which have two types of distribution channels - sales branch and agency. I also investigated how the level of conflict influences the business performance of the channel member. The results of the study showed that the imbalance of power, nonfulfillment of roles by manufacturers, nonfulfillment of roles by dealer, divergence in perceptions, intrachannel communication problem have positive relation but role clarity has negative relation with conflict. The results also indicate that the more power supplier exerts upon dealer, the less supplier and dealer practice their roles, and the more communications problem there is, there will be more conflict between channel members. I also analyzed the relationship between conflict and business performance and the result came out as expected: the more conflict there is the less business performance. Some difference was found between sales branch and agency on that aspect. Managerial implications and limitations of the study were also discussed.