• Title/Summary/Keyword: 국제인정

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Efficiency and Failing Firm Defenses in Merger Assessment: Economic Rationale and Policy Implications (기업결합 규제에서의 효율성 및 파산기업 항변: 경제적 논거와 정책적 함의)

  • Jin, Yangsoo
    • KDI Journal of Economic Policy
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    • v.35 no.1
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    • pp.103-135
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    • 2013
  • This paper provides consistent understanding between the economic rationale of the 'efficiency' and 'failing firm' defenses and the conditions that the defenses require in the merger assessment process, focusing on two main concepts, 'enhancing competition' and 'counterfactual'. This paper states that the economic rationale of the 'efficiency' defense rests on the effect of enhancing competition rather than on the improvement of efficiency itself. Regarding the 'failing firm' defense, the rationale is stated that competition would not deteriorate even when the merger proceeds compared to the counterfactual where it is prohibited. This understanding reflects not only recent international discussion but also the merger guidelines of advanced competition authorities. It also consistently explains the requirements of the defenses. Finally, this paper includes some comments on the Merger Review Guideline of Korea for its improvement based on various domestic merger cases.

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eSports Perception and Analysis of Differences among Deaf (청각 장애인이 지각하는 e스포츠 인식 및 차이분석)

  • Choi, Kyung-Hwan
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.1
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    • pp.245-252
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    • 2022
  • This study is significant in explaining the eSports awareness survey and future development direction of deaf people. Therefore, 189 deaf people were selected as the population, and the following conclusions were drawn by frequency analysis and t-test using SPSS 21.0 and Excel 2016. First, 67.7 percent of the 189 deaf people recognized eSports, 61.4 percent recognized it as a new sports system, and 65.6 percent participated directly or indirectly in eSports. Second, smartphones are the most common e-sports participating devices, and most of the participating events are Kartrider, which is recommended by friends. Third, the most inconvenient part of participating in eSports was the lack of eSports programs for deaf people, and the survey on whether to recommend eSports was the most likely. Fourth, the most common reason for not recognizing eSports as a new sport is that they are not actually sports, so they are not interested in participating. Fifth, there are statistically significant differences in eSports awareness, recognition and participation of deaf people by gender.

Exceptions and Practical Operations to Independent Payment Obligation of Issuer under L/C Transactions (신용장발행은행의 독립지급의무의 실무적인 운용과 예외)

  • Kim, Sun-Ok
    • Korea Trade Review
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    • v.43 no.4
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    • pp.89-110
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    • 2018
  • This paper reviews the practical operations and exceptions to the independent principle by analyzing the leading cases of English documentary credit transactions. A bank's undertaking in L/C transactions differentiates between underlying contract and other contracts. The autonomy principle is the key principle governing L/C, but this principle may be connected with unfair (unjust) payment. English Law is strongly influenced by the developments in American Law in the case of fraud, but traditionally, British courts has been very reluctant to interfere in banks' independent undertaking under the L/C. The position of British case law relating to fraud is based on Sztejn. In practice, British courts recognize fraud as an exception to the autonomy principle in which the case is sufficiently serious to render it unjust to permit the beneficiary to receive payment. British case law has historically taken a narrow approach toward intervention in the independent principle of documentary credit. Therefore, innocent parties including beneficiaries are protected by these regulations regarding fraud.

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Effect of Motivation on the Job Engagement, Job Satisfaction and Organizational Commitment in Jewelry Distribution Company (주얼리유통기업 종사자의 동기가 직무열의, 직무만족, 조직몰입에 미치는 영향)

  • Sang ki Lee;Dong Hae Lee
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.4
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    • pp.133-144
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    • 2024
  • The purpose of this study is to enhance the competitiveness of jewelry distribution company by analyzing the effect of workers' motivations on workers' job engagement and workers' job engagement on job satisfaction and organizational commitment.A survey was conducted from October 2023 to November 2023 for workers of jewelry distribution company in Korea. Factor analysis and Regression analysis were performed on the collected 242 questionnaires using the SPSSWIN ver. 18.0 program. As a result of the analysis of this study, first, the intrinsic (enjoyment, challenge, achievement) and extrinsic motives (recognition, rewards, promotion) of jewelry distribution company worker had a positive effect on job engagement (absorption, dedication, vitality). Second, the job engagement of worker had a positive effect on job satisfaction. Third, the job engagement of worker had a positive effect on organizational commitment.

The Legal Regime for International Interests in Aircraft Equipment under the Cape Town Convention and Protocol (케이프타운 협약및 의정서 상 항공기 장비의 국제담보권에 관한 법적 제도)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.125-162
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    • 2007
  • The Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment were adopted on 16 November 2001 at a diplomatic conference held in Cape Town under the joint auspices of UNIDROIT and ICAO. The entry into force of the Cape Town Convention and Protocol have occurred on 1 March 2006. The Cape Town Convention and Protocol provides an international legal regime for the creation, perfection and priority of security, title retention and leasing interests in aircraft equipment, which will be underpinned by an international registry. The purpose of this paper is to explain the objectives and principles of the Cape Town Convention and Protocol, to review the provisions relating to the international interests in aircraft equipment and international registry for their protection under the Cape Town Convention and Protocol, and to discuss the Issues on Korea's accession to the Cape Town Convention and Protocol. As the anticipated results of this paper, it will contribute to facilitate the financing of the acquisition and use of aircraft equipment of high value or particular economic significance in an efficient manner, and to save very large sums of money annually in financing charges, also the international interests in aircraft equipment will be recognized and protected universally.

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Legal Status of Korea in International Environmental Law - Mainly focused on the Classification of Developed and Developing Countries - (국제환경법상 우리나라의 법적 지위 - 선진국과 개도국의 구분을 중심으로 -)

  • Seo, Won-Sang
    • Journal of Environmental Policy
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    • v.6 no.4
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    • pp.1-28
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    • 2007
  • Because the result of environmental pollution of one state is not limited to the national border but spills over into neighboring countries or global environment either directly or indirectly, international discussions on environment are crucial in domestic environmental law and policy. International environmental law demands differential obligation between developed and developing countries in the principle of 'common but differentiated responsibility'. The common but differentiated responsibility is the principle that draws distinction between developed and developing countries about global environmental issues, while recognizing the common responsibility of environmental protection for all nations. Environmental technology transfer or financial support from developed countries to developing countries, for example, has been discussed. The problem is the status of Korea. Korea's international environmental policy will be different by the distinction of responsibility for international environmental protection according to the status of developed and developing countries. International communities have never established a clear standard distinguishing developed from developing countries in any international laws. The WTO entrusts each country to decide whether it is a developing country or not. In the international environmental law, the status of a country is determined by the ability to negotiate. The status of Korea, thus, cannot be fixed in general international law. Rather, the Korean government is able to choose its own status strategically, It can be a policy choice to insist that Korea's developing country so as to reduce the burden of international responsibility. But, considering an economic indicator and environmental pollution indicator at which Korea ranks about 10th, the reality of Korea is much closer to a developed country. Positive policies such as development of environment-friendly technologies and products should be preferred to defensive assertion of developing country.

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The Legal Regime for International Interests in Aircraft Equipment under the Cape Town Convention and Protocol (케이프타운 협약및 의정서 상 항공기 장비의 국제담보권에 관한 법적 제도)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.105-135
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    • 2007
  • The Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment were adopted on 16 November 2001 at a diplomatic conference held in Cape Town under the joint auspices of UNIDROIT and ICAO. The entry into force of the Cape Town Convention and Protocol have occurred on 1 March 2006. The Cape Town Convention and Protocol provides an international legal regime for the creation, perfection and priority of security, title retention and leasing interests in aircraft equipment, which will be underpinned by an international registry. The purpose of this paper is to explain the objectives and principles of the Cape Town Convention and Protocol, to review the provisions relating to the international interests in aircraft equipment and international registry for their protection under the Cape Town Convention and Protocol, and to discuss the Issues on Korea's accession to the Cape Town Convention and Protocol. As the anticipated results of this paper, it will contribute to facilitate the financing of the acquisition and use of aircraft equipment of high value or particular economic significance in an efficient manner, and to save very large sums of money annually in financing charges, also the international interests in aircraft equipment will be recognized and protected universally.

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A Legal Study on the International Trade of stolen/lost artworks: Focused on Illegal trafficking of cultural property (점유이탈 예술품의 국제거래에 관한 법적 연구 - 문화재를 중심으로 -)

  • Jung, Seungwoo
    • Korean Association of Arts Management
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    • no.51
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    • pp.191-219
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    • 2019
  • Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

An Empirical Study on the Effect of International Standard Certification Execution and CRM Satisfaction on Business Performance in B2B Transaction (B2B거래에서 국제표준인증 실행과 CRM만족도가 사업성과에 미치는 영향에 대한 실증적 연구)

  • Kim, Chang-Bong;Park, Sang-An;Jung, Jin-Young
    • Korea Trade Review
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    • v.42 no.2
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    • pp.319-344
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    • 2017
  • The international standard certification evaluates the extend to which the supplier satisfies the international standard certification standards of the supplier of the product and the service, recognizes the quality assurance ability and reliability of the supplier, thereby resolving the international trade regulation that can occur to various fields and strengthening the network of the global partnership it is making an important contribution. Therefor, in this study, the survey was conducted on 153 companies of Korean import and export companies. The research method was empirically analyzed by the structural equation model. The results of the hypothesis test of this study are as follows. First, resource management factors among the international standard certification factors in the global trade supply chain integration had a positive effects on CRM satisfaction. Second, the measurement, analysis and improvement factors of international standard certification factors had a positive effects on CRM satisfaction. Third, CRM satisfaction has a positive effects on business performance. Through this study, it is concluded that the Korean import and export companies have an important role in improving the business performance of the global trade partners.

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A study on the capability of acceptance in utilization of TradeCard as new foreign trade payment practice (국제결제관습상(國際決濟慣習上) TradeCard의 수용가능성(受容可能性)에 관한 연구(硏究))

  • Ahn, Byung-Soo
    • International Commerce and Information Review
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    • v.2 no.2
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    • pp.171-188
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    • 2000
  • 지속적으로 변화하는 무역관습의 흐름은 결제관습에 있어서도 새로운 변화를 초래하고 있는데 최근의 국제결제시스템중 가장 두드러진 변화는 전자적 방법에 의한 결제시스템의 대두이다. TradeCard는 이러한 전자결제시스템으로서 가장 대표적인 예로서 1994년 처음 사업이 시작된 이후 10년도 되지 않아 새로운 무역결제관습으로 정착되기 위한 상업적 활동에 나서고 있다. 본 논문은 이러한 TradeCard의 상업적 활동이 과연 순조롭게 추진되어 신용장을 비롯한 기존의 무역결제시스템에 추가 또는 대체되는 새로운 무역관습이 탄생할 수 있을지를 검토하고 있다. 이를 위해 본 논문은 먼저 TradeCard가 갖고 있는 특징을 몇 가지로 분류하여 살펴보았다. 즉, 무역절차의 전자화 과정에서 기능적 접근방법을 채택하였다는 점, 타 기관이나 조직과의 활발한 제휴, 비용과 시간을 절감시킬 수 있는 방법의 제시 등이 그것이다. 이러한 특징을 통해 TradeCard는 새로운 무역관습으로 자리잡을 수 있는 충분한 가능성을 갖고 있다는 것이 논자의 생각이다. 그러나 다음의 몇 가지 문제점 역시 갖고 있기 때문에 이를 해결하는 것이 그러한 가능성의 전제조건이 된다. 첫째, TradeCard를 통한 거래의 법적 안정성 확보이다. 이는 모든 전자거래가 공통으로 갖는 문제점이지만 TradeCard의 경우 거래조건의 이행여부에 대한 전자적 판단이라는 요소를 지니고 있어 이를 어떻게 법적으로 수용할 것인가의 문제가 제기된다. 둘째, TradeCard를 통한 거래에서 발생되는 피해에 대한 구제방법의 제시이다. 이는 아마도 보험을 통해서 해결할 수 있으리라 생각되지만 현재 TradeCard는 이부분에 대한 명확한 입장이 명시되지 않은 것 같다. 셋째, 국제적 전자거래를 안전하게 할 수 있는 방안으로 전자서명의 활용이 절실한데 이에 대한 상호인정의 해결이 필요하다는 점이다. 물론 이는 TradeCard의 역할이라기 보다는 우리 정부를 비롯한 각국의 정부당국의 몫이다. 그러나 이러한 모든 문제는 결국 얼마나 빨리 많은 사용자를 확보하여 시장의 힘을 통해 국제상관습으로 정착시킬 수 있는가의 문제로 귀착된다고 본다. 따라서 TradeCard는 처렴한 요금체계 및 사용자에 대한 인센티브의 제공 등을 통해 조기에 다수 사용자를 확보하는 것이 시급한 것으로 생각한다.

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