• Title/Summary/Keyword: 불공정 거래 행위

Search Result 74, Processing Time 0.022 seconds

Assessment of the Effectiveness of Unfair Trading Prevention Acts in Construction Industry (건설공사 불공정거래 방지제도 실효성 평가 및 개선방안)

  • Kim, Sung-Il;Cho, Jung-Hee;Chang, Chul-Ki
    • Korean Journal of Construction Engineering and Management
    • /
    • v.19 no.1
    • /
    • pp.65-73
    • /
    • 2018
  • Since unfair trading practices between participants in construction project are common, the government has enforced several policies and systems to prevent or minimize the unfair trading practices in construction industry. However, not much attention has been paid to figure out which policies or acts are working or not. This paper analyzed the effectiveness of the policies and acts which are being implemented to prevent unfair trading practices and provided several suggestions to improve the performance of those acts. Survey was conducted to industry experts to collect data regarding their perceptions on those policies and acts. Then the effectiveness of the policies and acts were analyzed in terms of their importance and performance through IPA (Importance-Performance Analysis) based on the survey result. It was found through IPA that execution related acts such as investigation, exposure, and punishment for unfair trading practice have shown low effectiveness in entire construction process and dispute arbitration and mediation related center operated by authority showed low performance too. To improve the effectiveness of those acts, dispute arbitration system improvement, investigation & reporting system consolidation and enhancement practical binding force of punishment and penalty were suggested. Most of all, rules and culture for fair trading should become more established in construction industry by preventing conflict among participants through active communication.

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
    • /
    • v.2 no.1
    • /
    • pp.119-133
    • /
    • 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.