• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.17 no.5
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• pp.237-250
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• 2022

On September 28, 2020, the Korea Fair Trade Commission introduced a proposed bill entitled the "Fair Online Platform Intermediary Transactions Act." We quantify the impact of this proposed act on Naver, Korea's major digital platform. Finding a proper control unit is not an easy task in social science studies. We overcome this caveat by constructing a synthetic version of Naver using Abadie & Gardeazabal's (2003) synthetic control method. It appears that the economic cost of the proposed act is not negligible at all. Naver's opportunity loss amounted to 16.18% of its market capitalization (approximately 8.5 trillion won in comparison with its pre-regulation market capitalization). Any regulation-based approaches to resolving digital platform issues have both promises and pitfalls. The results highlight that regulatory bodies should carefully gauge the impact of such regulations, as we have seen with Naver's case.

• The Korean Journal of Franchise Management
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• v.2 no.2
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• pp.1-23
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• 2011

The Freedom of Information System has been introduced into the society based on the Fair Trade Transactions Act, which was established by Fair Trade Commission (FTC) on May, 2002. However, the system itself has showed limitations in guaranteeing a reliability and transparency of the disclosure document. Thus, since February, 2008, FTC not only made franchisors to register disclosure documents but also adopted the Disclosure Document Registration System, which forced them to provide registered disclosure documents to franchise applicants and franchisee. Franchisors consider the newly adopted Disclosure Document Registration System a restrictive system. However, considering the recent trend of fast growing franchising industry and the importance of being competitive, franchisors need to utilize the disclosure documents to promote their business and to gain trusts from franchise applicants by providing truthful information. In that way, franchisors will be able to establish a foundation that franchising industry might be successful and reduce the agency fee by cutting out conflicts with franchisees. Thus, this study aims to study the ways of effective preparation of disclosure document and its utilization from a franchisor viewpoint.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.75-98
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• 2018

Recently, the antitrust tribunal of Seoul High Court revoked the disposition of Korea Fair Trade Commission(hereafter 'KFTC'). While KFTC determined that the restriction of Korea Pediatrician Association violated article 26 of the Monopoly Regulation and Fair Trade Act(Korean antitrust law), Seoul High court viewed that KFTC failed to prove the compulsory measures and the restraint of competition required in article 26. The 'restriction' of article 26 should be interpreted as 'excessive restriction'. Since entrepeneurs' organization is allowed to limit its member's activities, KFTC could regulate entrepeneurs' organization on a very exceptional basis. In addition, though entrepeneurs' organization did not use compulsory measures to enforce its resolution, its 'excessive restriction' could fit into the notion of 'restriction' of article 26. Under the current medical care system, the price of medical care is decided by Korean government. Therefore the restriction of Korea Pediatrician Association is not likely to have effect on the price. However, the resolution of Korea Pediatrician Association was aimed to decrease the supply of medical care. Therefore the resolution is capable of having effect on the competition. In this sense, though KFTC failed to submit direct evidence to support the decrease of quantity, there could be possibility of restraint of competition. The Seoul High Court's decision has important implications. The leading case on restraint of competition(Supreme Court 2002Du8628, Posco case) was delivered in 2007. However the remaining issue such as the standard and scope of restraint of competition is not clear. Through reappeal case of this decision, Supreme Court has to decide the line between competition and its restraint.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.3-29
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• 2009

The PECL have been drawn up by an independent body of experts from each member state of the european union under a project supported by the european commission and many other organizations. Salient features of the general provisions of the PECL, freedom of contract and pecta sunk servanda, good faith and fair dealing, most of the PECL are non-mandatory. The CISG uses the term fundamental breach in various setting. The concept of fundamental breach is a milestone in its remedial provisions. Its most important role is that it constitutes the usual precondition for the contract to be avoided(Art. 49., Art. 51., Art. 64., Art. 72., Art. 73). In addition, where the goods do not conform with the contract, a fundamental breach can give rise to a requirement to deliver substitute goods. Furthermore, a fundamental breach of contract by the seller leaves the buyer with all of his remedies intact, despite the risk having passed to him(Art. 70). Basically, PECL, PICC generally follows CISG, it was similar to all the regulation's platform though the terms and content sometimes differ. For example regarding to the non-performance and remedies, in the case of non-performance, that is the PECL/PICC term analogous to breach of contract as used in the CISG. Furthermore the PECL/PICC used fundamental non-performance refered to in PECL Art. 8:103 ; PICC Art. 7.1.1. correspond generally to the concept of fundamental breach referred to in CISG Art. 25. The main significance of the fundamental non-performance, in any systems, is to empower the aggrieved party to terminate the contract. The need for uniformity and harmony in international commercial contracts can be expected to lead to growth of international commerce subject to the CISG, PICC, and PECL. It is hoped that the present editorial remarks will provide guidance to improve understanding between the contractual party of different countries in this respect and following key-words.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.30 no.2
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• pp.305-312
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• 2020

The Privacy Act stipulates that the privacy policy document, which is a privacy statement, should be disclosed in order to guarantee the rights of the information subjects, and the Fair Trade Commission considers the privacy policy as a condition and conducts an unfair review of the terms and conditions under the Terms and Conditions Control Act. However, the information subjects tend not to read personal information because it is complicated and difficult to understand. Simple and legible information processing policies will increase the probability of participating in online transactions, contributing to the increase in corporate sales and resolving the problem of information asymmetry between operators and information entities. In this study, complex personal information processing policies are analyzed using deep learning, and models are presented for acquiring simplified personal information processing policies that are highly readable by the information subjects. To present the model, the personal information processing policies of 258 domestic companies were established as data sets and analyzed using deep learning technology.

• Environmental and Resource Economics Review
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• v.21 no.2
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• pp.417-439
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• 2012

Recently, the Korean government has announced a stream of countermeasures for stabilizing petroleum product prices. Especially, the Fair Trade Commission proposed a transaction guideline focusing on the petroleum-product blending. The main purpose of this study is to suggest the policy options to induce and promote petroleum-product blending. For this purpose, this paper describes the changes in domestic systems related to petroleum-product blending. In addition, it discusses the major topics for inducing and promoting petroleum-product blending. It would be prerequisites to alleviate or demolish the requirements of separate storage by supplier and exclusive dealing. These options would result in the price decreases at the stages of refinery and gas station. Due to the legal constraint of law revision, it should be also considered to increase more gas stations in wholesale marts and self or franchised independent gas stations.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2016.05a
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• pp.185-188
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• 2016

The percentage share of mobile gift card certificate in the gift card market has increased significantly each year. But from a consumer perspective mobile gift card certificate has several problems. Specifying unfair terms in Fair Trade Commission has improved slightly, but the problem is not replaced with the equivalent authority that issued the vouchers can not be solved. The exchange between users the most realistic way to solve this problem is to create an environment as possible. In conclusion, The deal will be possible to build a mobile gift card certificate brokerage trading in a convenient and reliable P2P-based. If the System for mediating transactions of a mobile gift certificate has created a healthy retail environment, such as the expansion of the voucher market, reduce social costs may be creating.

• The Korean Journal of Franchise Management
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• v.10 no.4
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• pp.7-18
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• 2019

Purpose: This study identifies the relative importance of the sub - factors of initial services and continuous services using AHP (Analytic Hierarchy Process) method, and calculates the competitive index for the detailed factors. The purpose of this paper is to propose the establishment of long - term and short - term management strategy for expansion of business of food service franchise, franchisors, long - term and win - win relationship with franchisees, and rationalization of operating system. Research design, data, and methodology: The population for the survey is 92 franchisees in 46 foreign brands and 46 domestic brands in the Seoul metropolitan area (Seoul / Gyeonggi / Incheon). The survey was conducted from July 1 to August 31, 2018 through the survey agency with a telephone interview and a surveyor's direct visit. A total of 100 questionnaires were collected, but a total of 92 parts were used for analysis except 8 parts that were considered to contain false information. Using the AHP method, relative importance and competitiveness index were calculated for the details of initial services and continuous services. Results: The results shows continuous services were significantly higher for both foreign brand franchises, domestic brand franchises, and overall than initial services, This suggests that the continuous services of the affiliated franchisors has a higher relative importance than the initial services. Among the continuous services, brand reinforcement and promotion were significantly higher for both foreign brand merchants and domestic brand franchises. This can be regarded as the most important factor in brand reinforcement and promotion when selecting a food service franchisors. Conclusions: In the Standard Terms and Conditions governed by the Fair Trade Commission, the franchisors should increase the fairness by creating manuals for supporting services, especially after opening, and regularly checking whether the supporting services have been carried out like manuals since the establishment of franchisees. In addition, the Brand Strengthening and Public Relations Committee (tentative name) jointly participated by the franchisors and franchisees for the purpose of strengthening and promoting the brand, suggesting a system for transparent and efficient execution of the brand reinforcement and promotion budget and monitoring afterwards.

• The Korean Journal of Franchise Management
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• v.10 no.3
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• pp.7-12
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• 2019

Purpose - This study examines the status of franchises and qualifications for franchising business, examines the franchising qualifications focusing on overseas cases, and suggests policy directions for strengthening the qualifications of franchising business. In order to achieve these purposes, the study reviewed the cases of USA, China, Australia, and United Kingdom franchising business law. Literature Review - According to the Fair Trade Commission, franchise is defined as a transactional relationship in which a franchiser provides certain support and education to franchisees in order to sell their goods and services more effectively. In addition, a franchise is a legally and financially independent business of franchisers and franchisees, and according to the concept of affiliates, it is necessary to define a franchise as a product and service marketing based on close and continuous collaboration. A franchiser can be defined as a company with the ability to develop a franchise system, create sustainable value based on it, and replicate "KNOW-HOW" to sellers. Case Study - This study examined the requirements for establishing a franchiser in the United States, China, Australia, and United Kingdom. In most countries, the requirements of franchisers must be operated for at least one year, which means that education, manual production, and continuity of stores should be checked. Suggestion - Based on Korea's population density and consumption sales index, we propose a screening system that registers through 2 + 1 systems, which require two stores to be operated for more than a year, by dividing Korea's commercial rights into two and a screening system instead of simple registration. In the case of a small franchisors, at least one franchsing retail store must be operated for at least one year, which should be applied to only one brand.

• Safety and Health at Work
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• v.11 no.4
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• pp.450-457
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• 2020

Background: The production of glass beads in Ghana is greatly impacted by the ingenuity of Ghanaian women. Preliminary investigations revealed the lack of interest on the part of women due to poor working conditions as a result of the influence of culture-specific silence. Therefore, the study investigated the poor working conditions faced by these industrious women with the ultimate goal of suggesting ways they can be empowered. Methods: A phenomenological study was conducted in two indigenous glass bead communities in Ghana. Data were solicited via direct observations, personal interviews and focus group discussions. Twenty-six purposively sampled respondents were recruited for the study. Data from the study were analyzed using Interpretative Phenomenological Analysis. Results: The results confirmed that the elderly women glass bead makers are much influenced by the Ghanaian culture of silence. This prevents the women from speaking about the challenges they are facing in their work. Also, the women are silenced because of the fear of losing their jobs as well as the reluctance of their male managers to remedy the challenges they encounter in the course of work. This has resulted in poor remuneration, lack of insurance packages for workers, certification, and absence of personal protective tools for the women. Conclusion: The study tasks the government of Ghana, the Legal Advocacy for Women in Africa (LAWA), the Fair Wages and Salaries Commission in Ghana, the Ghana Trade Union as well as the Local Government Workers' Union to empower the women to sustain the glass bead industry in Ghana.