• Title/Summary/Keyword: Competition law

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A Study on the Meaning & Classification of Conventional Markets (전통시장 개념 및 분류체계 재정립에 관한 연구)

  • Kim, Young-Ki;Kim, Seung-Hee;Lim, Jin
    • Journal of Distribution Science
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    • v.9 no.2
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    • pp.83-95
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    • 2011
  • Conventional markets in Korea have played a pivotal role in the vitalization of local communities and economies along with the distribution of products. Although many people believe the markets to be disorderly, they are lively and provide local people with things to enjoy, watch and buy. However, superstores have undergone a mushrooming proliferation since Korea opened its gates to multinational superstores in 1996. This phenomenon has caused a crisis for Korea's conventional markets. They have lost their competitiveness because of this environmental change, inefficient management, and their outmoded facilities. Government efforts to revitalize the markets have centered on redevelopment of the facilities, a perspective that has caused not only the fall of the old business districts but also the decline of the distribution function. Under these conditions, the traditional market has re-entered into competition. The Korean government enacted a special law to revitalize the conventional markets and has been implementing many policies to support them since 2003. In 2009, the government amended the law and adopted the Business Improvement District System. The government also changed the official term from 'old markets' to 'Conventional markets'. Despite this legal amendment, though, we still need to re-establish the concept of the Conventional market. Historically, markets grew up spontaneously to dispose of surplus products. Some manmade markets were established through urban planning or as public facilities. Their businesses transactions have always been based on mutual trust between consumers and trades people, the traditional way of commercial dealing. Conventional markets can be defined, then, as creatures of societal necessity where transactions for services and products are based on mutual trust. Problematically, unlisted markets are left out of government support. Although unlisted markets have performed almost the same functions as listed markets, they exist only as a statistic as far as the special law is concerned. In some areas, there are more unlisted markets than unlisted ones. Therefore, it is necessary to establish systematic management methods for the unlisted markets. Some unlisted markets received support in the form of facility improvement from local governments' budgets in the early stage of the special law's enforcement. The current government also assists with safety issues involving unlisted markets; however, the current special law provides no legal framework for unlisted markets. Moreover, consumers cannot tell the difference between unlisted markets and listed ones. Finding a solution to this problemrequires new standards and a wider scope of support by which the efficiency of the market improvement support system might be enhanced.

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A Study on the Situation Analysis for Competitive Advantage Power of Korean Shipping Industry (우리나라 해운산업의 경쟁력 실태분석)

  • 이학헌;민성규
    • Journal of the Korean Institute of Navigation
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    • v.19 no.3
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    • pp.35-65
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    • 1995
  • The development of Korean shipping industry is maybe defined into three development stages-industry fixing stage, industry coordinating stage, industry development stage-. The development of shipping industry has been depended on the geovernment/authority role such as shipping policy, system, law, rules and regulations. In 1983, Korean shipping industry reorganization and coordination by shipping authority have made our shipping industry on the stable condition together with each company's efforts. Today's world economic environment such WTO/UR negotiation results get this government role limited. According to the being reduced government role, each company's competitive advantage power becomes more important. Besides, korean shipping industry is exposed into the entire and bitter world competition. In order to win and prevent the world shipping competition, it is necessary to look out the competitive advantage power of Korean shipping industry. The first purpose of this study is the situation analysis for competitive advantage power of Korean shipping industry. The second is to compare with our shipping policies with foreign ones concerned with ship, cargo, crew, tax and others. But in order to compare with foreign shipping, this study need their shipping statistics data, this study has some limit of the foreign data. This study has been carried on the basis of the following items. 1. Shipping environment, 2. Ships and ship acquirement(shipbuilding/purchasing), 3. Oceangoing cargo and ship's stowage rate, 4. Human factor in shipping-crew, 5. The incomes and costs in finacial statements. We have some conclusions as following through the this study. First, Korean shipping industry environment-competitive disadvantage situation- has changed rapidly due to the shipping market opening, free market entering of foreign shipping. Second, Korean shipping is disadvantageous due to the high tax rate and financing conditions in connection with ship acquirement. In order to improve the competitive advantage power, the shipping tax system and ship financing conditions should be reviewed to profitable for owners. Third, but both world and Korean oceangoing cargoes quantity have been increased annualy, Korean ship's cargo stowage rate is being decreased. This is serious situation but Korean shipping take well use of foreign vessel with hire. It is recommended to take use of owner's vessel and hired ones in the long range view, considering the world shipping management. But the number of crew has been decreased by 2, 000~3, 000 annualy, it is desirable that the long sea-experienced crew have been increased. Almost of owners usauly complain the crew cost is the main obstacles to competitive advantage power. Human factor is the most important firm's asset. All owners should pay attention to this though, and invest the proper budget to training, education, welfare as much as possible. In the long run this effects could be feedback to owners. Fifth, We must improve the financial statements structure, that is, the first step is to increase income, the second is to decrease cost, the third is to increase income on the same cost, the fourth is to decrease cost on the same income. It is essential to find out what the urgent investment is and what unnecessary cost is. At last, in order to competite world shipping race, each shipping firm must try for himself to retain the power. The government/authority is no longer dependable. I believe that each firm's power will be the industry's power, the industry's power will be the nations's power.

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Protection of Diversity through the Control of the Delimitation of the Audience Share in German Television (독일에서의 시청점유율제한을 통한 다양성 보호 연구)

  • Shim, Young-Sub
    • Korean journal of communication and information
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    • v.51
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    • pp.117-135
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    • 2010
  • The regulation of media concentration which is provided in the German Interstate Treaty on Broadcasting (RStV) is part of the rules forming the "positive broadcasting order" required by German Constitutional Law. This control ensures that the diversity of viewpoints can be articulated to the public. Broadcasting must operate independently from the state and from particular social groups if it is to be a genuine service to the public. One risk of economic competition in the media is a tendency towards the concentration of business enterprises. Moreover, economic competition is no guarantee for journalistic diversity. The aim of balanced diversity in the broadcasting sector can only be pursued by creating conditions under which different voices obtain the chance to be heard in an equitable manner. Within the framework of the meaning of section 26, it shall be assumed that there is a predominant impact on public opinion if the programs attributable to one company reach an annual audience share of 30 percent. The same shall apply if the company reaches an audience share of 25 percent and holds a dominant position in a related media-market or an overall assessment of its activities in television. The restriction of audience shares has limits such as that the audience shares of news programs and education and entertainment programs are pooled. Therefore, there is a vagueness about the productivity of different program branches.

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Influence of Democracy on Social Policy : The Case of Defective Democracy in Korea (민주주의가 사회복지정책에 미치는 영향 : 한국의 결함 있는 민주주의를 중심으로)

  • Lee, Shin-Yong
    • Korean Journal of Social Welfare
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    • v.59 no.4
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    • pp.137-162
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    • 2007
  • In democracy basic rights such as political equality and participation through elections have been respected, opportunities of corporation and opposition have been guaranteed, and ability of self-learning and self-correction have been developed. These positive factors give preconditions for the welfare development in the democratic state. Because in this state adults get the suffrage and the open competition for official positions induces political parties use social policies as means to win the election. That is to say, political parties have an incentive to use various social policies to win the election. Democracy, therefore, has affinity with social policy. The affinity between democracy and social policy can be found also in Korea which was democratized in 1987. But, in Korea, the positive relationship between democracy and social policy is very weak due to the problem of constitutional structures. Korean Parliament usually enacts abstract social act and delegates the right to fill concrete contents of the social acts to the executive. Delegation itself has no problem, but excessive delegation is a problem since the executive can overuse its discretion as sacrificing the social rights of the citizen. In addition social consensus could not be achieved in this constitutional structures, which are a obstacle to establishing a political process in the Parliament to promote the welfare development through party competition. Excessive delegation should be reduced, and the Parliament should fill concrete contents of the social acts as exercising its legislative power more. Then a mechanism of welfare development can be launched in Korea.

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A Study on The Law and System of The Private Body Guard in Korea (한국(韓國) 민간신변보호(民間身邊保護)의 발전(發展)을 위한 법규(法規) 및 제도(制度)에 관한 고찰(考察))

  • Lee, Han-Ick
    • Korean Security Journal
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    • no.1
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    • pp.283-319
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    • 1997
  • Our society witnesses the rapid progress in the areas of politics, economy, society and culture in the process of national modernization since 1960s, which in turn as a reverse function gets to contract a societic pathology, totally lowering the security level of citizens' lives owing to various violent crimes like hostage commotions and murders with rifles and deadly weapons. what is the main reason for that? That may be partly because the chief police force concentrates on the current situation resulting in the vacuum of the public peace. However, the main reason is that the police fall short of man-power and equipments even if the whole police power were put to use in preventing and quelling the crimes. That is true not only of Korea but also of the advanced countries like the U.S.A., England and Japan. We realize that these advanced countries have higher level of security in every individual's life and property than Korea because their progress of the private guard systems can fill in a vacuum of the shortage of the police power, Therefore, we should without delay internationalize our private guard systems expecting the widely opening of the guard service markets in the age of Uruguay Round. To do this, we need to change our ideas for fostering the policy of the private guard from passive defense ideas into positive aggressive ones. Our police should urgently set up a plan to pursue the orientation of vision that we should dispatch our private guards overseas before foreign guards rush into our markets. Accordingly it goes without saying that the private guard group should distinguish their services from the public services initiating their own theory and strategy of private guard services and also readjust themselves between the public duties and the private services with the study of minimizing the reverse function of the private guard systems. The history criminal justice has always shown that the criminal system progressed at the initiative of the civil factor in case its demand and supply do not make both ends meet. Nevertheless, in the process the power of the government never weakens, rather it is built up in general. In conclusion, the necessity of the build-up of the private guard services must duly be acknowledged by the police as well as by the business which has its unique sphere within the criminal justice instead of as the suplemtary services of the simple the police power on the long-term basis. The purpose of the private guard services can be largely classified into the two categories; first it means the function to prevent the crimes against the citizens and secondly to enhance the national interest as an increasing mammoth business with a worldly competition capacity. The police has an absolute responsibility that they should protect the modem public in general from feeling the crisis of the personal threat, tension, anxiety and nervousness. In short, if we develop the complete private guard system to guarantee the societic atmosphere for all citizens, keep the public peace, and protect all citizens' lives and properties, we will sure enjoy a beautiful land, a wholesome society and a happy life in goodharmony of law and order.

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The Examination and Development Plan of Maritime Policing Act ("해양경비법" 검토와 발전방안)

  • Roh, Ho-Rae
    • Korean Security Journal
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    • no.32
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    • pp.95-122
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    • 2012
  • The ocean in the 21st century is getting emphasized as a treasury of natural resources and a growth engine for the nation. And nations around the world have entered into the hyper-competition to take the initiative for those marine resources. Under the situation, the Korea Coast Guard is devoting itself with full force to protecting maritime sovereignty, ensuring maritime safety and security and preserving the marine environment. Purpose of this study is to analyze Maritime Policing Act of 2012 and their problems and to suggest improvement measures. Objectives of Maritime Policing Act of 2012 is national Defence, policing for maritime security, protection of marine natural resources and marine facility in territorial waters and exclusive economic zone(EEZ) of Korea. Limits of Maritime Policing Act of 2012 are as follows. First, As organization related rules in Maritime Policing Act of 2012 are not enough, Maritime police agency Act should be revised and enacted in order to cope with future administrative demands and legal ground. Second, Article 22 penal regulation is more severe than regulations of another Act. Third, Article 14 should be made improvement for pre-prevention through the pre-report and the establishment of prohibition boundary in maritime demonstration.

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A Study on the Legal Issues of Proposed Korean Airport Facility Act (공항시설법 제정(안)의 내용과 쟁점)

  • Kim, Tae-Han
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.101-124
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    • 2011
  • Since 1961, Aviation Act has regulated all aspects related to air transport business, aviation safety and airport. However, we are to face the new challenges that have to support air transport business more efficiently and air transportation services to the people effectively in condition of the globally competitive air transport industry. In this sense, the government proposed to devide "Aviation Act" into 'Air Transport Business Act', 'Aviation Safety Act', 'Airport Facility Act' in a timely manner. At first I am to take a look about the laws of traffic-related legislation and national laws of Japanese aviation system, and to evaluate implications. In addition, the background, the organization and the main information of the Act (Draft) will be introduced. And I would like to discuss the issues raised and suggest an alternative. In particular, the name of the Act (Draft), the specifying of airport manager operater, accounting method of airport development projects belong to the nation, the delegation of the authority and other issues are discussed to provide a starting point. In conclusion, the division of current "Aviation Act" is considered absolutely necessary. To stimulate fair competition, safety regulations and efficiency, the legislation process would be desirable in the direction of the total development of the aviation industry as well as ensuring aviation safety.

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Risk Assessment on the Water BOT Business Participation in China : Domestic EPC Contractor's View (해외기업의 중국 수처리 BOT시장 참여 저해 위험요인 분석 : 국내 EPC 건설기업의 관점)

  • Choi, Jae-ho;Li, Shoushuang;Lee, Seungho
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.28 no.5D
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    • pp.695-703
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    • 2008
  • China water market has huge potential for increased use of BOT mode and one of the most attractive markets of doing business. However, the current China water BOT market shows that many foreign companies are retreating from the market while Chinese water companies fast growing. From the view no domestic companies have track records in China BOT water market, the research identified twenty market access barriers in terms of construction laws, regulations, BOT-related policy and the recent market situation. These are evaluated based on interview results with 10 professionals direct or indirect having a China water BOT experience. All the factors are found to be highly influential to foreign company's decision on the market participation. Among those, no fixed return policy and low water price, difficulty in water price adjustment and approval, and no government guarantees, all directly related to the project viability and under the control of government, were the most critical factors, implying government's role is the key in increasing the market competition by attracting more foreign participation on the market. In addition, new construction law regulating foreign EPC contractor's construction work, namely Decree 113, and requirement of applying competitive bidding in selecting EPC contractor in a BOT project are also considered signigicant barriers on foreign participation, which contradicts international norm and therefore necessitates an adjustment on current decision process in domestic companies.

Empirical Analysis on Economic Factors of Infringement on Ocean Sovereignty from Chinese fishing boats (중국어선 해양주권 침해의 경제적 요인에 관한 실증적 연구)

  • Oh, Sang-Jin;Choi, Kyoung-Hoon;Park, Gyei-Kark
    • Journal of Korea Port Economic Association
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    • v.33 no.3
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    • pp.69-90
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    • 2017
  • Areas of marine activity have expanded into exclusive economic zones and the continental shelf since the United Nations Convention on the Law of the Sea(UNCLOS) in 1994, The signatory countries have been enforcing their maritime rights and competition in the international community has become intensified. Marine-related issues, including maritime sovereignty, has become an increasingly important issue with many national security and related studies following this trend. However, while there are many policy-related studies there remain few empirical studies. This paper conducted a study of illegal cases of Chinese fishing boats which are quite frequently for an empirical study on maritime sovereignty. This study conducted empirical analysis regarding factors relating to ocean sovereignty infringement by using correlation and multiple regression analysis. The result of observed increases in illegal Chinese fishing boats decreased the production of aquatic products, whish resulted in economic fishery losses to Korea households and inflation in the Korean economy.

AA Study on the Selection Criteria for Delivery Systems of Public Construction Projects in Local Governments (지자체 공공건설사업의 발주방식 선정기준에 관한 연구)

  • Choi, Eun-A;Kim, Byung-Ok;Lee, Sang-Beom
    • Journal of the Korea Institute of Building Construction
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    • v.9 no.5
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    • pp.111-117
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    • 2009
  • With the current trend in the industry toward increasingly complex, diversified and large construction projects, advanced countries in the construction field have already introduced and applied a variety of methods for placing orders in order to cope with such changes in construction circumstances. In Korea, there have been efforts to continuously improve approaches to placing an order. With the aim of diversifying the methods of Delivery Systems, the "Technical Proposal Type Bid," and the "Design Competition and Technical Proposal Type Bid" were introduced through a revision of Korea's contract law enforcement ordinance. In line with the government's efforts, criteria for a method of placing an order that is suitable for a public construction project should be presented. This study enumerates the current issues using a survey for construction projects already placed and an analysis of the current status, and presents the selection criteria for Delivery Systems by business type as an improvement for the problem.