• Title/Summary/Keyword: Competition law

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Establishment Method of the Regulatory Framework for Communications Reflecting the Ecosystem Elements (생태계 요소를 반영한 방송통신 규제체계의 정립 방안)

  • Hong, Dae-Sik;Choe, Dong-Uk
    • Journal of Legislation Research
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    • no.41
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    • pp.401-434
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    • 2011
  • The discussion on the adoption of the horizontal regulatory framework is underway to overcome the problems regarding the vertical regulatory framework resulting from a convergence of broadcasting and telecommunications services. Recently, however, the horizontal regulatory framework shows its limitation to regulate the ecosystem established mainly by Google and Apple. The existing horizontal regulatory framework does not fully reflect the characteristics of the two-sided market and the change in the competition structure in the broadcasting and telecommunications sector. What is important to note is that if the existing horizontal regulatory framework is simply applied to the ecosystem, a regulatory imbalance can be caused among ecosystems. The existing horizontal regulatory framework, which is subject to a value chain structure, categorizes business entities into either contents layer or transmission layer and applies the same regulation to all business entities in the same category. However, in the ecosystem, a keystone-player can be categorized into different layers depending on its strategy. Therefore, if the existing horizontal regulatory framework is applied as it is, the regulatory imbalance between keystone-players located in less regulated areas and keystone-players located in more regulated areas occurs resulting in a distortion of competition. There are two possible ways to establish a new regulatory framework to prevent the distortion of competition likely to be caused by the adoption of a horizontal regulatory system. First, a new ecosystem regulatory framework different from the existing one can be established. Second, the horizontal regulatory framework can be modified to reflect the ecosystem elements. The first approach is hard to adopt given the current situation as the approach requires the analysis of all broadcasting and telecommunications ecosystems including mobile and wired services; currently research and study on the competition conditions in the ecosystems is not enough. Therefore, this paper supports the second approach proposing a modified horizontal regulatory framework through the improvement of institutions and remedies suitable for accommodating the ecosystem elements. This paper intends to propose a way to regulate broadcasting and telecommunications ecosystems taking into consideration the ecosystem elements on top of the Telecommunications Business Act, Broadcasting Act, IPTV Act, the competition condition evaluation system of the Basic Act on Broadcasting and Telecommunications Development, and regulation on common carriers under the Telecommunications Business Act.

Trend of Space Development and Issue (우주개발동향과 주요 이슈)

  • Cho, Hong-Je;Shin, Yong-Do
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.97-126
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    • 2014
  • October 4, 1957 the Soviet Sputnik 1 was launched into space the first time in the history of mankind. After launching, the realm of humankind was expanded to space. Today all countries of the world wage a fierce competition in order to utilize space for various purposes. World powers of space such as United States, Russia, China, and Japan, put reconnaissance satellites and ocean surveillance satellites into orbit, being able to easily see equipment and troops movement on earth. Each country makes efforts to occupy space assets through the militarization of space and expand national interests. Recently private companies or individuals involved in commercial space activities are becoming more prevalent. Thus, in addition to space activities for military purposes, commercial space activities become widespread. Individuals and private companies as well as nations are also involved in space activities. Outer space is not the monopoly of space powers such as the United States and Russia. The whole human race can benefit from free access to space, being the common heritage of mankind. In particular, outer space becomes an indispensable element of military activities and human life. Many countries are now entering space development, putting a lot of budget into new development programs. Republic of Korea also built the Narodo Space Center, starting its space development with budget and manpower. We have to find out ways to use space not only for military purposes but also for commercial space activities that can contribute to the national economy. In addition, through the joint efforts of the international community, we have to make efforts for preservation and peaceful use of space. Various issues relating to space activities and research should be studies in order to contribute to the progress of humanity. Those issues include the definition of outer space, space debris reduction and environmental conservation issues, non-bind measure cooperation - European International Code of Conduct, space law and national legislation related empowerment issues, arms control measures in space, and restrictions on the use of nuclear fuel. We also need to be involved in the discussion of those issues as one of responsible space countries. In addition, we try to find out regional cooperation schemes such as the ESA in the Europe actively. Currently in the Northeast Asia, cooperation bodies led by Japan and China respectively, are operated in the confrontational way. To avoid such confrontation, a new cooperative body needs to be established for cooperation on space exploration and information. The system to allow the exchange of satellite information for early warning of natural disasters needs to be built as well. In addition, efforts to enhance the effectiveness of the relevant international treaties on space, and fill in the blanks in international space laws should be made at the same time. To this end, we have to do a leading role in the establishment of standards such as non-binding measures (resolution) - Code of Conduct, being discussed in the UN and other organizations, and compliance with those standards. Courses in aerospace should be requires in law schools and educational institutes, and professional manpower need to be nurtured. In addition, the space-related technology and policy needs to be jointly studied among the private, public, and military groups, and the cross exchange among them should be encouraged.

A study of Chinese distribution policies and challenges

  • Su, Shuai
    • The Journal of Industrial Distribution & Business
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    • v.4 no.1
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    • pp.11-14
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    • 2013
  • Purpose - The objective of this paper is to explain how the Chinese distribution market will continue to bring tremendous business opportunities to commercial enterprises given the relatively strong economic fundamentals and substantial government-led measures for boosting domestic demand. Research design, data, and methodology - The study conducted a survey on China's 2011 retail market data. After empirically analyzing the data on retail sales, online retail markets, and franchises, we believe that online retailing in China will maintain its growth momentum. Results - This study shows that 2012 is expected to be a challenging year for the retail sector, as both external and internal pressures are likely to persist. Some of the major challenges facing retailers in China are mentioned below. Conclusions - Retailers in China face several major challenges. First, the uncertain economic outlook is having a considerable impact on China's retail market. Second, China's retailers face an unfair competition environment. Third, they are suffering the impacts of product safety problems.

Study of Chinese Distribution Market Trends

  • Su, Shuai
    • Journal of Distribution Science
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    • v.11 no.9
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    • pp.31-34
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    • 2013
  • Purpose - This paper aims to explain that the Chinese distribution market will continue to bring tremendous business opportunities to commercial enterprises, given the relatively strong economic fundamentals and substantial government-led measures to boost domestic demand. Research design, data, methodology - A survey was conducted on China's retail market data during 2012. By empirically analyzing the data for retail sales of online markets and franchises, we conclude that the online retail market in China will continue to grow. Results - Based on data from 2012, 2013 is expected to be a challenging year for the retail sector, as both external and internal pressure is likely to persist. This paper outlines some major challenges facing retailers in China. Conclusions - The study shows that retailers in the Chinese market will face some major challenges: 1) the Chinese retail market is considerably affected by an uncertain economic outlook 2) an unfair environment of competition exists and 3) product safety is a serious issue. However, in the future, China's retail market will continue to bring tremendous business opportunities to commercial enterprises, given the relatively strong economic fundamentals and substantial government-led measures to boost domestic demand.

A Study on the Prospect of Customs Free Zone in Korea (우리나라의 관세자유지역의 전망에 관한 연구)

  • 김용진
    • Journal of Korea Port Economic Association
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    • v.19 no.2
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    • pp.141-158
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    • 2003
  • There are several Customs Free Zone in Korea. Those are Susan Port, Kwangyang Port, Inchun Port. and International Airport Inchun. And there are several zone which will be appointed soon, Busan Port area, Kwangyang Port area, Inchun Port and International Airport Inchun area. But there are many problems to operate CFZ in Korea. This paper aim at pointing out for the problems and drawing up the plan. The problems are an unreasonable incentive standard, security of the behind site related to CFZ, present customs law not to process and assemble, and several similar system related CFZ. Globalization and regionalization are major trends in the international economic system recently. So we have to make desperate efforts to win the severe competition among many countries in economic aspect and make a good plan to solve the problems related CFZ in future.

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A Study on the Enlarge Strategics of IT's firms in Gangwon-Do (강원도 IT 기업의 실태분석을 통한 육성방안에 관한 연구)

  • Eum, Kwang-Yeol;Hong, Kil-Jong
    • International Commerce and Information Review
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    • v.8 no.1
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    • pp.51-66
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    • 2006
  • Korea's IT's firms activities have been vigorous more than ever, since the implementation of " Special law on the nurturing IT firms" in 1990. IT evolution and the e-business has emerged as a new economic activity and beyond the time and space limitations. But the Enterprises located in Gangwon-Do Area have been too inactive in their willingness and readiness to adopt IT models and processes owing to the lack of the directions of e-business, the insufficient network infrastructures and capitals, etc., In this circumstance, as part of this research, This Papers have conducted a survey on the e-business and information conditions and status among the Enterprises located Gangwon-Do Area. In Conclusions, this study Study on the Informationalization of the Enterprises and IT firms Enlarge Strategics for building competition of local Enterprises located Gangwon-Do Area.

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A Study on the Amendments of Aircraft Operation and Pilots Cerification Management for Globalization (항공기 운항요건과 조종사 자격관리의 세계화를 위한 개선방안)

  • Kim, Chil-Young
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.6 no.1
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    • pp.165-178
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    • 1998
  • The worldwide improvement of the safety, efficiency and rationality in the field of aircraft operation environment and certificate management of aviation personnel has been proceeded cheerfully as a part of each country's globalization movement. Considering the importance of aviation transportation industry supporting nation's international trading has the competition among the airlines regarded possibly as that among the countries. In order to make Korean Government and Airlines more competitive in this race, the standardization and generalization of aviation regulations are required. On this study, some amendments are recommended to improve regulations and systems for pilot's certification management and operation environment by comparison analysis of regulations of ICAO, FAA and Korean aviation law.

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A study on the effective regulation of user discrimination : focusing on the offering of promotional gifts and exemption of charges (방송통신사업자의 부당한 이용자 차별 행위의 위법성 판단 기준의 타당성 및 효과적 규제 방안 : 경품 제공 및 요금 감면 관련 행위를 중심으로)

  • Lee, Yeong-Ju;Yoo, Soo-Jung
    • 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.

Heritage Soft Power in East Asia's Memory Contests: Promoting and Objecting to Dissonant Heritage in UNESCO

  • Nakano, Ryoko
    • Journal of Contemporary Eastern Asia
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    • v.17 no.1
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    • pp.50-67
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    • 2018
  • Heritage has entered the center stage of public diplomacy in East Asia. Competition to claim and interpret memories of World War II in East Asia has driven campaigns to list heritage items with UNESCO. State and non-state actors aim to use heritage listings to present a particular view of the war and related history to domestic and international audiences. This paper highlights the role of heritage soft power in East Asia's "memory contests" by examining the promotion of dissonant modern heritage in UNESCO's heritage programs. It conceptualizes heritage designation as a soft power resource in East Asia and presents a conceptual framework for understanding the hegemonic competition over the "memory regime" that emerged from the structural change in East Asia's regional order. It then uses this framework to analyze the processes by which state and non-state actors promote and/or object to UNESCO recognition of their sites and documents as heritage of outstanding universal value or world significance. The elements of this process are illustrated with case studies of two very different pieces of heritage, Japan's "Sites of the Meiji Industrial Revolution" and China's "Documents of Nanjing Massacre," which were enshrined as significant world heritage in 2015. While state and non-state actors in East Asia are increasingly recognizing the utility of heritage as a soft power resource for advancing specific historical narratives to an international audience, a backlash movement from civil society groups and governments in other countries prevents a purely unilateral interpretation. As a result, the utility of heritage soft power in this context must be significantly qualified.

Urban Regeneration Plan for Mid-sized Cities Deploying the Concept of Smart City - Focused on the US Smart City Challenge in 2015 - (스마트시티 개념을 이용한 중소도시재생계획에 대한 연구 - 2015 미국 스마트시티챌린지 공모전을 중심으로 -)

  • Yoo, Seungho;Kim, Yongseung;Kim, Soyeon
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.35 no.9
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    • pp.29-40
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    • 2019
  • The concept of smart city is understood as an indispensable component of urban regeneration projects in small cities in terms of providing a better urban environment and efficient living systems with a limited budget. Recently, the Korean government revised the law that related to the construction of the smart city and started to implement the smart city concept not only to new-large urban development but also to small-existed regeneration projects. However, it is difficult for small and medium-sized cities that are suffering from the insufficient professional workforce; knowledge supports for high-tech and lack of professional networks to proceed smart city planning and project that containing regional characteristics. This paper aims to examine the effective way of urban regeneration for small and medium-sized cities through smart city planning and strategy. As an important case, this paper looks at the 'Smart City Challenge' competition that was hosted by the US Department of Transportation in 2015. It examines the background and operation process of the smart city challenge competition, and then analyses each city's strategy and characteristics of seven finalists. This paper highlights the several key lessons to Korean cities: 1) the importance of national government's support in financial and professional resources; 2) the cooperation with local governments and IT corporations which provides realistic and detailed technical solutions; 3) the holistic and integrated approach to urban regeneration starting from transportation issues; 4) the necessity of the government's clear visions and guidelines toward the smart city.