• Journal of Korea Fair Competition Federation
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• no.157
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• pp.6-17
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• 2011

• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Journal of Korea Fair Competition Federation
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• no.8
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• pp.50-54
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• 1996

• Korea Petroleum Association Journal
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• no.10 s.8
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• pp.21-27
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• 1981

• 발명특허
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• v.5 no.12 s.58
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• pp.17-19
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• 1980

• Journal of Korea Fair Competition Federation
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• no.70
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• pp.2-8
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• 2001

• Journal of Korea Fair Competition Federation
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• no.70
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• pp.70-79
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• 2001

• KDI Journal of Economic Policy
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• v.2 no.1
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• pp.14-33
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• 1980

• Proceedings of KOSOMES biannual meeting
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• 2006.05a
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• pp.141-152
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• 2006

Along with unification world market, marine transportation has become important for international community. At the same tome, piracy, armed robbery and maritime terrorism which threaten marine transport have been issued in international society. International organization like a IMO has continued to regulate maritime crimes by international law and regulation. Bearing in mind the in importance of the issue, this article analyze maritime crimes covering piracy, armed robbery and maritime terrorism about definition and legal character and pointed out problems. Finally it suggest methods to enhance international regulation on them.

• The Journal of the Korea Contents Association
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• v.18 no.7
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• pp.1-9
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• 2018

Present study investigated the crash phenomenon between freedom of press and pseudo press. For that researcher gathered online witch hunt cases from 2012 to 2017 and interpret with the logical basis of argument which needs to control pseudo press activity. On the other hand, present research arranged former studies about freedom of press and right of reputation and privacy as a counterpart that can be ethical debate. Futhermore, court case about right of small independent media where has less than 5 people also gathered. By Comparison of each ethical and legal basis, this study provide the insight which can inspire to think about real right of citizen and press.