• Title/Summary/Keyword: Unfair Profits

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A study of Problems with False Exaggerating Advertisements and Consumer's Protection. (허위, 과장광고와 소비자보호문제에 관한 고찰)

  • 조기중
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.6 no.9
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    • pp.97-110
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    • 1983
  • As the economic society develops very exceedingly, the gap of production and consumption elarges gradually. So the current function to connect them and the function to communicate are needed. I think the advertisement take the charge of this role. This advertisement is so essential to today's economic society that its power influences variably both the economic society and the consumers. The enterprisers, advertising owners stick to the maximization of profits and neglect the principle of true advertisements. They but tise not the information for the consumers to choose reasonably but the false, exaggerating advertisement and unfair manifestation very frequently, which is the main trouble in the current problems of consumption. Therefore, on the one hand, in this study from protecting the consumers not to be involved in the false, exaggerating advertisements, the establishment of advertising ethics as advertising owner's self-control is discussed. On the other hand, the legal control regulation in Korea, involving Japan and U.S.A. are analyzed. The cases of false, exaggerating advertisements and unfair manifestation in Korea are also demonstrated. Finally, the proposals to improve the advertisements are made from the Point of government, enterprisers, and consumers.

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A Study on the Penalty of the Breach of Country of Origin Labeling in Korea Foreign Trade Act (대외무역법 원산지표시위반 관련 벌칙에 관한 연구)

  • Park, Kwang-So
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.379-402
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    • 2010
  • The Korea Foreign Trade Act(KFTA) was revised the penal provisions of the breach of the Country of Origin Labeling(COOL) recently. The ceiling of penalties became to 5 years for imprisonment, one hundred or three hundred million won for fine. The level of penalties are adjudged quite fair but the amount of penalty should be increased according to the profits from the breach or the nature of crime in some cases. The problems of the penalties are differences between KFTA and other related laws. There are related several laws on the breach of the COOL such as KFTA, Unfair Trade related Law, Customs Law, Consumer Protection Law, Law of COOL on Agricultural and Marine products etc. The penal provisions of the breach of the COOL has more heavier level than other the breach because of the criminal qualities. The problems are the penalty differences between the KFTA and the Unfair Trade Law under the Ministry of Knowledge Economy. The KFTA's penal provisions need to equate with Unfair Trade Law as long as same breaches on the COOL. The government can also consider some policies to rigid enforcement of breaches on the COOL. There are the Country of Origin Tracking system, the RoO Paparazzi System, Make public the names of habitual RoO Violators, Correction Order of breach of the COOL etc.

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The Comparison for International competitiveness of Domestic Banks' Foreign exchange commissions (국내은행 외환수수료의 국제경쟁력 비교)

  • Ahn, Yeung-Tae
    • International Commerce and Information Review
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    • v.10 no.1
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    • pp.315-327
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    • 2008
  • According to the Bank Profitabilities Statistics of OECD members, Our domestic banks applying commissions for both exchange and selling/buying foreign currencies are evaluated as much higher than those of other countries banks. The theory indicates an analysis results and comparison in between banks over the world. Our domestic bank assert that, in general, the aggregated banking commission income is lower than those of other countries by comparing in the field of non-interests profits. Viewing by another analysis in details, some commission rate applying to domestic services are far below than cost basis, but other commission rate applying to foreign currency transaction services is abnormally higher. Such unfair rate should be lowered to the similar level to other banks in the world and also the actual cost should be reasonably reevaluated in the reasonable manner. One more thing, The writer suggest that domestic banks should spend efforts to increase their income by improving and diversifying with the various type of new commissions applied to domestic market, such as multi-functional financial services, expanding ATM services, electronic settling technique etc under today's rapidly changing and opening world financial market.

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A Study on Case-based Game-Boosting in the Online Game (온라인 게임에서 사례 기반 Game-Boosting에 관한 연구)

  • Yang, Keon-il;Kim, Hyo-Nam
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2020.07a
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    • pp.697-699
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    • 2020
  • 2020년의 게임 시장은 스마트폰 기기의 발전과 Pay To Win을 사용하는 BM모델의 감소 등의 변화로 인해 플레이어의 플레이 타임과 게임에 대한 이해도를 핵심 요소로 잡고 있다. 이러한 상황 속에서 게임에 대한 실력과 이해도가 높은 일부 유저들이 대신 게임을 플레이하여 타 유저들의 요구 사항을 충족 해주고 부당한 이익과 게임 내 성장, 경쟁 불균형을 발생시키는 'Game-Boosting'의 모습을 확인할 수 있었다. 본 논문에서는 'Game-boosting' 유저들에 대해 설명하고, 해당 유저들에 대한 기준을 정의하여, '대리게임 금지법' 에 적용될 수 있는 기준을 제시한다.

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Review of the Revised 2019 Trade Secret Protection Act and Industrial Technology Protection Act : Focusing on Civil and Criminal Remedies (2019년 개정 영업비밀보호법 및 산업기술보호법에 대한 검토: 민·형사적 구제를 중심으로)

  • Cho, Yongsun
    • Korean Security Journal
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    • no.61
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    • pp.333-352
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    • 2019
  • In January and August 2019, there were amendments to the Unfair Competition and Trade Secrets Protection Act (UCPA) and the Industrial Technology Protection Act(ITPA). These amendments will contribute to technology protection. But these amendments need to be supplemented further. In the area of civil remedies, despite the introduction of treble damages in the case of the UCPA and ITPA, the provisions related to the submission of supporting data have not been maintained. Therefore, it is necessary to recognize the claim of the other party as true if it is maintained at the level of the revised Patent Act and the scope of submission of supporting data. And the enforcement of the case of compulsory submission for the calculation of damages, and the order of filing documents are not followed. ITPA, on the other hand, has introduced the compensation for damages, but there is no provision for estimating the amount of damages. Therefore, it is necessary to estimate the amount of lost profits, profits, and royalties. In the area of criminal remedies, both the UCPA and ITPA have raised the penalty, but the sentencing regulations are not maintained. In addition, although the recent outflow of technology has expanded beyond organizational deviations to organizational outflows, amendments need to be made in relation to the serious consequence for the punishment of related juristic persons, such as companies involved in it. It should be noted that Japan and the United States have corporate regulations and regulations. In addition, in relation to the confiscation system, Act on Regulation and Punishment of criminal proceeds concealment require that domestic defenses be confiscated by defense industry technology, while trade secrets and industrial technologies are confiscated only by "foreign" outflows, and an amendment is necessary.

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.

Coffee Middlemen in Dak Lak, Vietnam: A key stakeholder of coffee value chain as an intermediary of changes in local economies (베트남 닥락성의 커피 중개상인: 지역 경제 변화의 매개체로서 역할을 하는 커피가치 사슬의 주요 이해 관계자)

  • Lee, Sung-Cheol
    • Journal of the Economic Geographical Society of Korea
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    • v.16 no.3
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    • pp.372-388
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    • 2013
  • A series of coffee middlemen has come to be regarded as an exploitative force in the lives of small and poor coffee farmers, which is called 'coyote', controlling production, paying unfair prices for labor and goods, and participating in fraudulent practices to maximize their own profits. However, the reality of gains captured by coffee middlemen in the value chain might be exaggerated and even unfair. Therefore, the main aim of this paper is to reconsider the implication of coffee middlemen for the development of coffee value chain in Vietnam. It also attempts to identify their characteristics by investigating relations among coffee farmers, middlemen and processing/exporting firms. In terms of middlemen's margin in the coffee sub-sector, their margin is quite small when compared to other actors higher in the value chain. Rather, coffee middlemen in Vietnam have played a critical role as an intermediary of change in local economies. More specifically, coffee middlemen in Dak Lak has played a significant role as a market facilitator by stimulating the access of farmers to markets by providing buyers for farmers thanks to changes in institutional environment. Also, they have played a critical role as an agent of sustainable coffee production by encouraging sustainable coffee production in accordance with the demand of processing and exporting firms.

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Verification Method to Detect the Fake Test Data in Military Supplies (군수업체 시험 데이터 및 시험 시스템 유효성 점검을 위한 제언)

  • Chung, Ilhan;Joo, Jinchun;Kim, Sunggon;Cho, Hyeonghwan;Ahn, Namsu
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.3
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    • pp.231-240
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    • 2016
  • Recently, fake test data of power cables in nuclear power plants was a terrible shock to the citizens. Some cable companies manipulated the test data to make unfair profits. In addition, fake test data cases were found in military supplies. The fake test data cases focused on parts of army's tank, armored car. This paper propose a new method that can detect fake test data using known statistical methods. In addition, the method was implemented in Microsoft Excel to allow easy use. Lastly, a check sheet was proposed to check the validity of the test system of military suppliers. By detecting and checking the fake test data, it is expected that our new method will play an important role in quality assurance of military supplies.

Review of the Theory of Natural Obligations (자연채무에 대한 재검토)

  • Park, Jong Ryeol
    • Journal of Digital Convergence
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    • v.12 no.5
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    • pp.79-87
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    • 2014
  • In general, at the relationship between claim and obligation if debtor does not fulfill its obligations arbitrarily the creditor can claim to debtor such as lawsuit. It means, despite the debtor ordered payment through the judgment, if debtor disobey that judgment, compulsory execution can be performed by the force of the country. In the end, fulfillment of obligation is enforced by national authorities in principle. However, exceptionally, even it established as a valid debt, if debtors fulfill themselves, they may not be protected from the national authorities. That is the natural obligation. The natural obligation originated from the Roman law which enforces strict type legal system and it is exceptional phenomenon in modern civil law which is made up as that all the bonds are likely to recourse. Therefore, in Korean theory acknowledge that debt is natural obligation and there is no exception. However, there are still controversy about the presence and occurrence of natural obligation. So, in this paper, want to review about its extent and effect including the concept of natural obligation.

Effects of Service Value on Attitude, and Loyalty in Food-Service Franchise (외식프랜차이즈의 서비스 가치가 인지적 태도, 정서적 태도, 그리고 충성도에 미치는 영향)

  • LEE, Shin-Hwa;LEE, Yong-Ki;LEE, Jae-Gyu
    • The Korean Journal of Franchise Management
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    • v.10 no.3
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    • pp.13-23
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    • 2019
  • Purpose - The recent franchise industry is rapidly developing. Some franchisees have a low barriers to entry and competition among companies is intensifying. In this dynamic competitive environment, companies need to focus on customer preferences, quality, and technical interfaces to gain competitive advantage. As a result, companies are required to measure the performance of service values in order to provide differentiated services from competitors. In the franchise industry, customer experience marketing of service values will enable companies to create new businesses. Franchise firms should explore a variety of services to increase service value and reduce failures. Research design, data, methodology - The questionnaire of this study was based on the previous research. Surveys were conducted on panels of online surveys. Surveys were conducted on the panel who had visited the restaurant franchise within the past month. The survey was conducted for about 7 days from February 13, 2019 to February 19, 2019. Total 300 samples, 293 were used in the analysis except for seven unfair questionnaires. Results - The findings of this study are as follows: Emotional, monetary, and reputation values have positive effects on cognitive and affective attitudes. Quality value and behavioral value did not effect cognitive attitude and affective attitude significantly. In addition, affective attitude has positive effect on loyalty, but cognitive attitude did not significant effect on loyalty. Conclusions - First, food-service franchise company should develop a service that enables customers to use the store conveniently. We need to develop a comfortable environment for our customers and provide intangible services. Second, food-service franchise company should provide a reasonable price service. Food-service franchise company needs to sell a high quality menu at a reasonable price to generate profits. Third, food-service franchise companies need to strategically respond to their reputation. In other words, food-service franchise company needs to constantly monitor the reputation of its customers and respond appropriately to market conditions. Fourth, food-service franchise company needs to develop a service method capable of emotional interaction with customers. Food-service franchise firms need to develop ongoing service methods and educate their staff.