• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.75-98
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• 2018

Recently, the antitrust tribunal of Seoul High Court revoked the disposition of Korea Fair Trade Commission(hereafter 'KFTC'). While KFTC determined that the restriction of Korea Pediatrician Association violated article 26 of the Monopoly Regulation and Fair Trade Act(Korean antitrust law), Seoul High court viewed that KFTC failed to prove the compulsory measures and the restraint of competition required in article 26. The 'restriction' of article 26 should be interpreted as 'excessive restriction'. Since entrepeneurs' organization is allowed to limit its member's activities, KFTC could regulate entrepeneurs' organization on a very exceptional basis. In addition, though entrepeneurs' organization did not use compulsory measures to enforce its resolution, its 'excessive restriction' could fit into the notion of 'restriction' of article 26. Under the current medical care system, the price of medical care is decided by Korean government. Therefore the restriction of Korea Pediatrician Association is not likely to have effect on the price. However, the resolution of Korea Pediatrician Association was aimed to decrease the supply of medical care. Therefore the resolution is capable of having effect on the competition. In this sense, though KFTC failed to submit direct evidence to support the decrease of quantity, there could be possibility of restraint of competition. The Seoul High Court's decision has important implications. The leading case on restraint of competition(Supreme Court 2002Du8628, Posco case) was delivered in 2007. However the remaining issue such as the standard and scope of restraint of competition is not clear. Through reappeal case of this decision, Supreme Court has to decide the line between competition and its restraint.

• Journal of Korea Fair Competition Federation
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• no.156
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• pp.54-63
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• 2011

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.255-288
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• 2015

It is desirable to prevent medical accidents because they bring about irretrievable outcomes to patients, as they are directly related to each patient's life, and health. However, once medical accidents occur, it is appropriate to resolve them quickly without conflict before the feelings of directly involved people are intensely confronted with each other. Korea Consumer Agency carries out medical dispute mediation to address such disputes quickly, fairly, and efficiently, and so does Korea Medical Dispute Mediation and Arbitration Agency. Although there has been constant debate on a merge between the two agencies because of duplicated work and consequent inefficiency, it is desirable to maintain the two agencies to ensure consumers' options and to promote the mutual development of the agencies through competition. Therefore, there should be legal and systematical support for Korea Consumer Agency to have fair competition with Korea Medical Dispute Mediation and Arbitration Agency. This is not for Korea Consumer Agency, but ultimately for consumers.

• The Journal of the Convergence on Culture Technology
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• v.8 no.3
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• pp.405-413
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• 2022

Since the COVID-19 outbreak, the active utilization of new health care service utilizing the ICT technology and data science such as telemedicine, smart hospital, AI dignosis has been increasingly found. In this study we examined the business model of Amazon healthcare which leads disruptive innovation in U.S. health care industry with the introduction of hybrid model of telemedicin, in-person care and customer-centric online drug delivery, home-use diagnostic kit, characterized by the integrated model combining medical care, drug delivery and the use of diagnostic kit. We showed using the multiproduct competition model that the synergy effect between the Amazon's original business areas and the healthcare business area causes the active market penetration and the increase in the customer value from utilization of the Amazon care. Using Hotelling's spatial competition model, we also showed that the competition in the health care market can be greater when consumer's choice of health care providers are available in telemedicine platform. In the long, run the issue of competition being weakened due to the exit of less competent healthcare providers may arise, to which the policymakers in the charge of fair competition in health care industry should pay attention.

• The Korean Society of Law and Medicine
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• v.13 no.2
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• pp.141-178
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• 2012

Korea's medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists' opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.

• Journal of Sericultural and Entomological Science
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• v.36 no.2
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• pp.182-185
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• 1994

전통적인 고급 의류로서 견이 사용되기 시작한 이래, 섬유의 여왕으로서 실크는 지속적인 사랑을 받아왔다. 그러나 최근 실크에 가까운 합성섬유가 만들어져 견섬유의 위치를 위협하고 있는 현실이다. 이에 섬유재료로서 실크가 갖는 경쟁력은 어려운 위치에 처하게 되었고, 보다 경쟁력을 높이기 위해서는 실크제품의 제조공정에서 필연적으로 발생하는 부산물의 활용에 관심이 고조되기에 이르렀다. 부산물의 활용 분야로서는 화장용품, 의료용, 식품용, 산업용 등으로 그 응용분야가 광범위하게 확대되었고 지금도 속속 새로운 분야에의 응용이 시도되고 있다. 앞으로의 연구에서 견의 기능성 발현의 기구가 보다 자세히 규명된다면 실크분야에서 완전히 새로운 장이 열릴 것으로 기대된다. 그렇게 된다면 지금의 부산물 이용만으로는 수요를 감당할 수 없을지도 모를 것이다. 그때에는 직접 누에의 체내에서 견을 채취하게 될 것이다. 그렇게 된다면 과거의 풍요로운 뽕나무 밭도 되살아 나고 잠사 견업의 활성화에도 연관된다.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.81-119
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• 2022

Medical device market is strongly related with health care market. Public regulation in medical device market tends to be more lenient than health care market. In this market, competition law, administrative law and intellectual property law are intertwined, and thereby a variety of legal issues could be developed. Recently, dominant undertaking's abuse case was dealt with KFTC(Korea Fair Trade Commission) and Seoul High Court. The issues were whether dominant undertaking discriminated trading partners and this discrimination was anticompetitive. In this case, Seoul High Court revoked the KFTC's decision, holding that the undertaking did not harm competition, though it has dominant power in the relevant medical device market. This decision would be a meaningful precedent, not only that there have been small numbers of dominance abuse cases in Korea, but also that this case happened in medical device market. This case dealt with various issues like market definition, market power, alleged abuse and its anticompetitive effect. The court held that medical device markets are distinguished from medical device repairing market. However, the court did not clarify that medical device repairing market is a single branded market only for repairing the plaintiff's medical devices. Second, plaintiff's dominance is based on the lock-in effect, which means that hospitals could not switch devices like CT or MRI from plaintiff to other competitors. This could be supplemented from the fact that medical devices are expensive and the using period are significantly long. However market definition based on single branded market theory could be applied in rare and exceptional cases. Therefore the general application of single branded market theory might result in overestimate of market power. This type of abuse pattern requires improper condition contrary to resonable trade practice. KFTC asserted free charge for plaintiff's copy right. However, it is not clear whether the cases for free charge are general or not. Even if so, the intention and motive of providers for free charge should be proved. The main issue of anticompetitive effect was whether plaintiff raised rival's cost. Competitor's cost was increased due to plaintiff's copy right and its license fee. However the charge for license could be within the scope of fair and legal exercise of copy right. If competitors are excluded due to legal exercise of copy right or efficiency, the exclusionary abuse could not be proved.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.103-141
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• 2017

The (Korean) Medical Services Act revised in 2009 introduces the accreditation of specialty hospital. When a hospital meets prescribed standards, passes a board review, and is accredited as a specialty hospital by the Minister of Health and Welfare, then it may use 'specialty hospital' in its name and certification mark of specialty hospital. The problem is that the (Korean) Fair Trade Commission and the (Korean) Ministry of Health and Welfare, both of which have authorities to regulate advertising in general and in health care service in turn, announced the guidelines to prohibit internet (portal) service providers to provide keyword search ads service using key-words such as 'specialty' or 'specialized in' for those who are not accredited by the Minister of Health and Welfare. In this article, whether these guidelines can be justified by the current regime and whether the current specialty hospital policy is agreeable would be examined. To do this, the legal nature of accreditation of specialty hospital, the limit of advertisement regulation, the law of keyword search ads, and the liability of internet service providers also would be analyzed.

• Proceedings of the Korean Vacuum Society Conference
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• 2014.02a
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• pp.141.2-141.2
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• 2014

크라이오 펌프는 반도체 임플란타 공정, OLED 분야, 신소재 개발, 표면분석 및 처리, 의료분야, 입자가속기, 핵융합 등 다양한 진공분야에 응용되는 고진공용 극저온펌프이다. 특히 향후 디스플레이 분야에서 OLED가 시장을 주도할 것으로 예상되는 가운데, 점점 대형화 되어가는 OLED 장비에 가장 적합한 고진공 펌프로써 크라이오 펌프가 주목을 받고 있다. OLED 디스플레이 제조공정 중에서도 화소형성 공정을 위한 챔버는 특별히 진동특성에 민감하다. 유기물 증착공정을 진행하기 위해서 글라스 전단에 쉐도우 마스크를 설치하는데, 글라스의 크기가 증가하면서 초래된 처짐문제 그리고 장비의 진동특성과 글라스와 마스크 사이의 간섭문제 등이 제품의 수율에 큰 영향을 미치면서 향수 시급히 해결해야 할 필수 과제로 주목 받고 있다. 그러나 대부분의 상용 크리이오 펌프는 G-M형식의 냉동기를 장착하기 때문에 그 원리 상 제조사에 관계없이 일반적으로 큰 진동특성을 가진다. 이에 GVT에서는 OLED 공정에 적합한 보다 정숙하고 진동특성이 개선된 550 mm구경의 크라이오 펌프 개발을 진행하였다. 그 결과 펌프의 성능은 동종 경쟁모델과 동등 이상의 수준을 유지하고 진동성분은 동종모델 대비 50%이상 개선된 펌프를 개발할 수 있었다. 그리고 시장에 보다 좋은 제품을 출시하기 위해서 현재 성능과 진동특성을 계속해서 튜닝 중에 있다. 진동개선은 크게 2가지 방향으로 진행되었는데, 첫째는 펌프 측면에서 진행한 것이고 둘째는 냉동기 측면에서 진행한 것이다. 후자는 현재 대외비로 개발을 진행 중에 있으며 본 발표에서는 전자에 관한 것으로 펌프 측면에서 진동특성을 개선한 부분이다. 결국 크라이오 펌프의 진동은 진동원인 냉동기에서 발생하는 것이므로 냉동기와 펌프를 구조적으로 고립시키는 방법을 사용하였다. 즉, 냉동기와 펌프 사이에 댐핑 시스템 플랜지를 장착하여 진동원인 냉동기로부터 진동성분이 펌프 측으로 전달되는 것을 차단한 것이 본 기술의 핵심이다. GVT에서는 당 기술로 국내특허등록을 완료하였다(특허-10-1289394_진동 저감을 위한 댐핑 플랜지 조립체 및 이를 갖는 크라이오 펌프).

• KSBB Journal
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• v.15 no.5
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• pp.423-427
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• 2000

Intense research on biosensors has been performed in a number of different institution over the past 15 years, but relatively few commercial products have resultingly, the blood glucose sensor is a good example of a product which penetrated the market. However recently, the development of electrochemical and optical technologies has accelerated the turnover of the research as is illustrated by a rapid increase in the number of point-of-care diagnostic systems and analytical devices. Examples of such biosensors used in the fields of medical diagnostics, bioprocess control, and environmental monitoring are described, and summarized in an introduction to their characteristics, structures, and functions, given.