• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.337-364
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• 2009

Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

• Proceedings of the Korean Institute of Electrical and Electronic Material Engineers Conference
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• 2000.05b
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• pp.222-232
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• 2000

The relationship between carrier electron concentration(n) and atmosphere oxygen partial pressure($P_{O_2}$ for pure ZnO calculated by the mass-action law, well-known as n ${\propto}P^{-1/m}_{O_2}$ where m = 4 or 6 for the single or the double ionization of the native donor defects due to its nonstoichiometry, respectively, is found in competition with the calculation result on the basis that the total defect concentration is the sum of those of unionized and ionized defects. Definitively, it is found inconsistent with the calculation result by employing the Fermi-Dirac(FD) statistics for their ionization processes. By application of the FD statistics law to the ionization while assuming the defect formation is still ruled by the mass-action law, the calculation results shows the concentration is proportional to $P^{-1/2}_{O_2}$ whenever they ionize singly and/or doubly. Conclusively we would like to propose the new theoretical relation n ${\propto}P^{-1/m}_{O_2}$ because the ionization processes of donors in ZnO should be treated with the electronoccupation probability at localized quantum states in its forbidden band created by the donor defects, i.e. the FD statistics

• Agribusiness and Information Management
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• v.7 no.2
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• pp.19-26
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• 2015

Recently, food delivery apps are seeing rapid growth into a market worth 1 trillion won under a simple but unique business model of connecting nearby restaurants with consumers via smartphone. Though basic similarities with social commerce exists in aspects such as mail-order sales intermediaries, startups, types of services and market competition structure, food delivery apps resemble social commerce in many ways in that they use excessive marketing to secure market dominance, causing a spike in consumer complaints. If the excessive marketing and increase in customer complaints are not rectified, the food delivery app could also see rapid decline as it gradually grows distant from consumers, just like social commerce. Accordingly, this study will identify the factors consumers recognize as important for continuous use vis-a-vis social commerce and food delivery apps to perform an empirical analysis on what areas need improvement. After deriving the four upper factors of product, information system and service along with eight sub-factors by referring to existing literature, the areas with opportunity for improvement were derived through satisfaction level and relative importance evaluation. The results of this study present a strategic direction for maintaining customers of social commerce and food delivery apps.

• Journal of Digital Convergence
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• v.6 no.1
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• pp.11-19
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• 2008

The Bidding System of the public IT project in Korea is fallen behind, because of the ordering habitual practice based old system, overcompetition based sealed bid and subcontract practice. To innovate this old-fashioned practice for public IT project bidding, this paper wants to generate a proper improvement direction of the public IT project contract law and the related policy through the literature review about the ordering and receiving system in Korea, the practical survey about bidding marketplace in Korea, and competition between bidding system and/or policy of major countries: USA, UK, France and Japan. As a result of practical survey, many problems of the current public IT project bidding system came out and improvement ideas toward future situation turned up. These outputs implicate that the current law and system related public IT project demands better improvement work for the future ubiquitous Korea. Therefore, this paper, to solve these problems about bidding systems and practice, propose the new public IT project contract law and the related policy, reflecting these improvement ideas by the practical survey and the literature review, and benchmarking points from bidding system of other countries.

• Journal of Distribution Science
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• v.15 no.12
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• pp.53-60
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• 2017

Purpose - This paper analyzes the effect of the handset subsidy and the Mobile Number Portability subscriber subsidy regulation, which are the main regulation adopted in "Law on the Improvement of the Mobile Terminal Distribution System" (Mobile Terminal Distribution Act), on the social surplus, the consumer surplus and profits of telecommunications carriers. We focus our analysis on whether the service charge competition is stimulated enough so that it can compensate for the loss of subsidies. Research design, data, and methodology - We use simple economic model to assess the impact of the handset subsidy and the Mobile Number Portability subscriber subsidy regulation. Unlike the former researches on this topic, we depart from using Hotelling model, and instead use the switching cost model, which uses switching cost as a parameter of market powers of telecommunications carriers. We also study the effect of the two different regulations when they are adopted both independently and concurrently. Results - If the market powers of telecommunications carriers are over certain threshold, contrary to the regulatory agency's assertion, the service charge competition would not be stimulated enough to compensate for the deduction in the subsidies, and thus the consumer surplus is compromised. Number Portability subsidy, especially, undermines the rival's market power and thus reduces the service charge. On the other hand, the regulations will also increase the profits of telecommunications carriers. However, social surplus is maximized when both of the regulations are present because the regulations reduces the frequency of switching handsets inefficiently. Conclusions - In enacting the Mobile Terminal Distribution Act, the telecommunications regulatory agency asserted that the regulation on subsidies will stimulate service charge competition, and in the long run, enhance the consumer surplus. However, contrary to the regulatory agency's assertion, subsidy regulation, especially the regulation on Number Portability subsidy, reduces consumer surplus. On the other hand, the Mobile Terminal Distribution Act can also increase the profits of telecommunications carriers because it decreases competition among the telecommunications carriers. However, the Mobile Terminal Distribution Act can increase the social surplus because it reduces inefficient switching of handsets.

• International Commerce and Information Review
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• v.16 no.1
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• pp.117-142
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• 2014

China having largest market in the world, has been criticized by its trading partner countries due to its unfair trade practices, particularly in the field of anti-dumping regulation. The main reasons for such criticism seem to come from the incomplete anti-dumping law as instrument to protect the industry concerned. In 2001, though new anti-dumping law was established to replace the former one by revising it to meet the needs for economic development which should be secured for china to take part in the competition world as the new member of WTO. The provisions concerned have been evaluated not to be sufficient and efficient from the viewpoint of the safeguard mechanism, while are required to be modified to meet the real world of international trade law. I consider that as the biggest partner of chinese trade activity, we will need to maintain a well understanding of the Chinese anti-dumping regulations. So this report conducts the Chinese anti-dumping regulations, compares between the chinese regulations and the WTO agreement, and studies deeply in to the problems and the improvements of the Chinese anti-dumping regulations.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.29-55
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• 2014

Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.97-114
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• 2013

The 6th Worldwide Air Transport Conference was held in Montreal in March 2013 under the auspices of ICAO. This conference, which has been held every ten years, is dealing with virtually every issue of international air transport, and aiming at updating ICAO policy in order to ensure long-term growth of international civil aviation. Last conference which took place in 2003 focused on the liberalization of air transport, and the 6th conference shifted its focus from whether to push for liberalization, to how to implement it. The main agenda items for the 6th conference was liberalization, safeguards, ownership, fair competition, airports and air navigation facilities, charges, and ICAO policy. The liberalization, and in particular progressive liberalization has been a main theme over the past decades. In the process leading to liberalization, there needs to be the expansion of market access, easing regulation on ownership and control of airlines. Furthermore, the provision of enough infrastructure such as airport and air navigation facilities may be contributing factor to remove impediments to liberalization. However, out of concern as for undermining interests of consumer and the weak, when liberalization is proceeding in a sudden and radical manner, there should be safeguards so as to ensure market participation by developing countries, consumer protection, and economical and transparent decision on taxes and charges. Fair competition which differs from promoting competition in the market, is a policy in order to protect the weak players and consumers from monopoly and oligopoly. The Korean delegation submitted 3 WPs (WP/85, 86 and 87) and 1 IP, and presented WPs, at the conference, which were a lot compared with previous occasions. A paradigm shift was emphasized to expedite the process of liberalization at the 6th conference. The reality is that with many previous recommendations to stress the importance of liberalization, and to urge States to change their attitudes, the pace of the liberalization has been very slow and staggering. The liberalization of air transport will contribute to the growth of air transport and related industry, to create new employment, promoting tourism and regional development, and further to facilitating mutual understanding and exchange, which will also lead to making a barrier-free world. In this context, it is expected that the next conference will also evaluate the on-going process of liberalization.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.41-65
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• 2010

It is a matter for debate that which types of dispute may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. National laws establish the domain of arbitration. Each state decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. For the promotion of fair and free competition, it is increasingly wide-ranging antitrust legislation across the world. It is matter for debate what can an arbitral tribunal do when confronted with an allegation that the contract under which the arbitration is brought is itself an illegal restraint of trade or in some other way a breach of antitrust law. The underlying question is how to accommodate the conflicting congressional policies favoring resolution of private controversies by arbitration and encouraging private suits to protect the public interests served by the antitrust laws. It is necessary to inquire into the arbitrability of antitrust issues on case-by-case basis, because the types of them are quite diverse. If antitrust issues are the dispute in private laws and the contracting parties agreed to submit to arbitration disputes which have arisen or which may arise between them in the antitrust issues, the antitrust disputes are arbitrable. Not only international antitrust disputes but also domestic antitrust disputes are capable of being resolved by arbitration. When the public interests in the enforcement of antitrust legislation are asserted, it is possible to justify the annulment or the refusal of the recognition or the enforcement of an arbitral award that ignores public policy as a matter of it.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.3-26
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• 2013

The purpose of this paper is to examine the several points at issue in international technology transfer contract from licensor's and licensee's perspectives, and to refer them when the licensor and the licensee draw up the contract. This author analyzed the critical points of the related provisions of ICC Model International Technology Transfer Contract(2009) by citing the explanations of the Introduction of the Model Contract. The provisions of the Model Contract are generally divided into two categolies; specific conditions and general conditions. This author selected four topics in the specific conditions; Contents of the Contract, Royalty, Modification and/or Improvements of Products, and Territory and Competition. Likewise this author selected three topics in the general conditions; Resolutions of Disputes, Applicable Law and Taxes. Both parties need to be mindful of the following points in the above topics, when they draw up the contract. First, both parties should make the definitions of special terminologies clear, which are included in the Contract. Second, before the parties sign the Contract, they should check any approvals to be necessary by the both countries' governments. Third, for the calculation of the royalty, they should clear the criteria, the scope, and the object. Fourth, as the local laws or regional laws regarding the territory limitation and taxation are mandatory, any provisions of the Contract should not be inconsistent with them. Therefore, both parties should check before-hand the local laws or rules related with the provisions of the Contract. Fifth, when the parties draw up the Contract, they should examine the Provisions of Dispute Resolution in consideration of the Governing Law. Thus both parties decide to make the technology transfer contract, the three aspects namely profitability, legal conflict with mandatory rules, and sustainability of the business resulting from the Contract should be examined in advance, and then proceed the business using the technology transfer.