• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.213-236
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• 2011

Korea Shipping Act admits shipping conferences' joint actions like rate agreement, sailing agreement in some degree for development of shipping transport industries for decades. Meanwhile, EU has prohibited all kinds of shipping conferences' joint actions since October 2008, and many advanced countries also have similar position on shipping conference. The balance development between shippers and ship owners is very important in terms of national economic growth. So it is appropriate time to revise related laws such as Shipping Act and Monopoly Regulation and Fair Trade Act. First, It is direction for revision of Korean Shipping Act. The act has to define precisely the criteria of "unfairness" in case of admitting of shipping conferences' joint actions. Shipping conferences have a conference with shipper or shipper's delegation substantially on freight and transport conditions and so on. Second, It is direction for revision of Monopoly Regulation and Fair Trade Act. The fair trade commission has to perform fair roles between shippers and ship owners. The judgement of fairness has to confirm according to the spirit of not Korea Shipping Act but Korea Monopoly Regulation and Fair Trade Act itself.

• Journal of Korea Trade
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• v.24 no.2
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• pp.1-14
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• 2020

Purpose - The purpose of this paper is to analyze the reformed duty of fair presentation provisions and related caselaw of the Insurance Act 2015 to gain a clearer understanding of the differences between the Act and the preceding legislation. Design/methodology - The authors analyzed caselaw from South Korea and China that involved breaches of the duty of disclosure. Cases highlighting differences between the duties of disclosure and fair presentation were selected. Findings - Changes in the practice of marine insurance laws are expected from the application of the reformed duty of presentation provisions. In particular, the rights of the insured are expected to increase, resulting in the fairer conduct of insurance contracts. Due to the fact that the Insurance Act 2015 has only recently taken effect, the provisions of existing caselaw have not yet been applied. This has limited the authors' scope of analysis. Originality/value - This paper describes the implications of the duty of fair presentation by analyzing caselaw from South Korea and China that involves the duty of disclosure. To the best of the authors' knowledge, this is the first paper that investigates the reformed duty of fair presentation provisions of the Insurance Act 2015 in the context of the legislation's implications for trade practices.

• Journal of Korea Fair Competition Federation
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• no.130
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• pp.55-66
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• 2007

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.3-23
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• 2009

The meaning of Good faith is honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled. The term is applied to all kinds of transactions. According to the CISG only regulated Art. 7. that is in the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade (1) and questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law (2). In the other hand PICC is related to the good faith and fair dealing, each party must act in accordance with good faith and fair dealing in international trade (1) and the parties may not exclude or limit this duty (2). Good faith of PECL is these principles should be interpreted and developed in accordance with their purposes. In particular, regard should be had to the need to promote good faith and fair dealing, certainty in contractual relationships and uniformity of application. Further more regarding to the good faith and fair dealing, same to the PICC regulations.

• Korean Architects
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• s.518
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• pp.75-75
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• 2012

• Korean Architects
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• s.517
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• pp.75-75
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• 2012

• Management & Information Systems Review
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• v.37 no.2
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• pp.283-297
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• 2018

This research focuses on the perceived marketplace influence(PMI: A belief that recognizes the effect that an individual's actions will have on the behavior of other consumers in the market and thus drives them to act on fair trade consumption) of consumers who may act as a more fundamental explanatory alternative to the gap in attitudes and behaviors of fair trade products. The purpose of this study is to investigate the relationship between consumer's self - determination psychological needs (autonomy, competence, relevance), influence (personal influence, market influence), and the assets of fair trade products. As a result of the empirical analysis, it was found that among the major psychological needs related to self-determination, the variables other than competence and the perceived influence relations of consumers can be directly formed, and the perceived consumer effectiveness(PCE) has a positive influence on perceived marketplace influence(PMI). It is also found that the perceived influence of consumers(PCE, PMI) has an influence on the consumers' perceived equity of Fair Trade products. The results of this study will provide an opportunity to theoretically explain the gap between consumers' attitudes and behaviors of Fair Trade products, which is a part of ethical consumption, and provide important implications for the establishment of marketing strategies.

• Korea Trade Review
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• v.44 no.3
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• pp.137-154
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• 2019

This study analyzes the major provisions of the UK Insurance Act 2015 and Marine Insurance Act 1906 on the duty of disclosure under the doctrine of utmost good faith. Marine insurance contracts are based on "utmost good faith" and one aspect of this is that MIA 1906 imposes a duty on prospective policy holders to disclose all material facts. In the Insurance Act 2015 of the United Kingdom, the contents of the precedent were enacted such that we have borrowed the legal principles of common law until now. The insurer is required to more actively communicate with the insurer rather than passively underwriting and asking questions of the insured. The Act details the insured's constructive knowledge of the material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk. This is a default regime, which may be altered by agreement between the parties.

• Korean Journal of Construction Engineering and Management
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• v.24 no.2
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• pp.50-58
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• 2023

Bid-rigging is a common issue in public construction projects, and appropriate sanctions are required from the relevant authorities. This study analyzes the need for an optimal enforcement model to prevent bid-rigging by considering both civil and criminal aspects. Recently, there have been overlapping sanctions under the Fair Trade Act, such as fines imposed by the Fair Trade Commission and civil lawsuits filed by the client for damages. The purpose of this study is to evaluate the effectiveness of penalty surcharges and compensation systems for preventing bid-rigging, and to consider the possibility of overlapping sanctions in public construction projects. It was found that overlapping sanctions under the Fair Trade Act can be helpful in improving the system. However, in cases where the state is the plaintiff for damages in a lawsuit, it is necessary to consider the penalty surcharge and sentence, reduce the penalty surcharge for joint acts, refund the surcharge after a final judgment, and consider the damage compensation system when imposing a surcharge. This study contributes to the development of an efficient enforcement model to suppress bid-rigging in public construction projects by analyzing the improvement effects of sanctions and compensation.

• Journal of Korean Ophthalmic Optics Society
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• v.15 no.1
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• pp.31-38
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• 2010

Purpose: In this paper, we have dealt with problems and the improvement proposals of FTC (FAIR TRADE COMMISSION) report which insist on relaxed entry regulation for an optical shop. Methods: We analyzed each content of the FTC (FAIR TRADE COMMISSION) report which argue relaxed entry regulation for an optical shop. Results: At present, the supply of optician and optical shop are already saturated, the overseas cases cited would not be in accord with our reality. The reform of policy must take precedence in order to carry out the policy. A delicate balancing act is needed in order to satisfy both the government's and optician's needs. Conclusions: At this point, it is premature to carry out the relaxed entry regulation, this policy should be looked from a long-term point of view.