• Title/Summary/Keyword: Unfair Trade

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International Competitiveness of Lighting Equipments Industry in Korea and Unfair Trade under the WTO System (WTO체제하 한국 조명기기산업의 경쟁력과 불공정무역)

  • Lee, Yune
    • International Commerce and Information Review
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    • v.7 no.4
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    • pp.409-433
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    • 2005
  • The lighting equipments industry in Korea has been characterized as high-costly and low-efficient, and has been decreasing in its international competitiveness since the birth of the WTO. The industry has been exposed to a harsh competition with large quantities of cheap imports from China and has been influenced by the unfair trade of Chinese enterprises. Korea Trade Commission and other related government bodies in Korea are required to enforce import regulations against Chinese products and investigate thoroughly unfair trade practices including false indication of country of origin, infringement of intellectual property rights and dumping.

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A Study on Unfairness of Customers according to New Management Strategy at Polarization of Retail Business

  • Kim, Jong-Jin
    • The Journal of Economics, Marketing and Management
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    • v.5 no.3
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    • pp.12-20
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    • 2017
  • The study examined effects of psychological change of distribution environment upon commercial areas to investigate consumers' experience and theory and to suggest power of new management strategy for growth of retailers A The study investigated actual conditions of business transaction of hyper market by blind interview. In April, 2016, the author visited 6 manufacturers to do depth interview. The questionnaire between food manufacturers and hyper market investigated the Association of Food Industries in Korea, NH Nonghyup and large manufacturers in July 2012. Questionnaires of 25 companies were used after excluding questionnaire having poor and inadequate answers. The sales commission with large scaled distribution business decreased (0.3 ~ 0.7) to increase additional expenses such as number of salesmen, interior expenses and economic costs (0.7 ~ 40%). (source: Fair Trade Commission). Fair Trade Commission released types and notice of unfair trade of large scaled retail business based on monopoly regulation and fair trade (hereinafter called 'notice of large scaled retail) to prevent large scaled distribution business from doing unfair trade. The notice controled unfair trade at different position between large scaled distribution business and small vendors.

A Study on the Standard Provisions of International Franchising Contracts and Unfair Trade Acts (국제프랜차이즈계약의 표준조항과 불공정거래행위)

  • Seo, Jung-Doo
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.165-185
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    • 2012
  • Franchising has proved over many years to be a successful commercial vehicle for the international distribution of products and services. However, there has long been missing a user-friendly model contract that would reflect the diversity of international franchising contracts. Because the ICC has drafted a model form of international franchising contracts, taking into account the most commonly encountered clauses in franchising agreements, their model could be used as a checklist of the core obligations of a cross-border franchise contract. Because there is no internationally agreed-upon uniform legislation on franchising, parties must rely on national laws and regulations applicable to the international franchise (when such laws and regulations exist) and should therefore very carefully draft stipulations for the legal status of the contract. This study has been intended to cite some provisions for striking a fair balance between the interests of the franchisor and those of the franchisee and for avoiding unfair trade acts in international franchising contracts.

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Contracts and Unfair Trade Practices in the Korean Broadcasting Production Industry (방송 제작산업의 계약관행과 불공정 거래)

  • Roh, Dong-Ryul
    • The Journal of the Korea Contents Association
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    • v.12 no.11
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    • pp.58-67
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    • 2012
  • It is widely observed in the Korean broadcasting production industry that unfair trade practices occur either when the drawing up a contract is ill-timed, when the contract's stipulations do not adequately cover possibilities in reality, or when the contract is simply breached. In particular, the most prevalent cause of the breach of contracts lies in the broadcasting production practices. Hence, systematic efforts should be made to improve the daily practices of the production industry by ensuring that the whole production process is carried out by contract. In order to achieve this, the following are suggested: i) A preliminary contract is to be made prior to the main one. ii) A standard production contract, which can be used as a template for other sub-contracts such as writing contracts, acting contracts, employment contracts, and so on, needs be introduced. iii) The standard contract should stipulate the obligations of the personnel from broadcasting companies, the recognition of the rights of production companies that created formats, and the boundary of the autonomy that production companies can exercise during production, in particular. iv) Prohibitive provisions are to be introduced into the Broadcasting Law in order to limit the causes for unfair trade practices.

A Case Study on imposing anti-dumping duty against Chinese Ceramic Tile (중국산 도자기질 타일 반덤핑관세부과 사례에 관한 연구)

  • Kim, Hee-Kil
    • 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.

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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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A Study on the Limits and Causes of Fair Trade (공정무역의 한계와 그 원인에 대한 연구)

  • KIM, Dong-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.73
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    • pp.91-110
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    • 2017
  • Recently, world wide trading which support free trade will increase the economic volume size. It will grow the quality of life. But, the reduce of gap between the rich state and the poor one has always been risen the problem of one of welfare. Trough unregulated trade activities, multinational corporations succeeded in expanding the market globally. However, there were unfair acts such as infringement of serious rights of producer of low development countries. Fair trade has begun to pay fair value to them and to ease inequality, but, as time went by, the its idea became thinner, distorted in the market, or became a marketing tools. So, In this paper, I analyze the limitations and causes of fair trade and suggest directions for fair trade. This Study provided a causes of the limitation of fair trade and for the future, I'll suggest an alternative of limitation of fair trade.

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A study of International fair trade & Social Marketing : the pursuit of symbiotic relationship (국제공정무역과 사회마케팅 : 공생관계로의 지향)

  • Lee, Woo-Chae
    • International Commerce and Information Review
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    • v.1 no.1
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    • pp.33-46
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    • 1999
  • Activating commercial activities and sales networks, the trend of fair trade which is to correct the unfair trade between on North-South Problems social marketing. The fair trade institute which has ethical and commercial goals suggests three types of consumer. The approach implies a coalition.

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A Study of Interaction between Broadcasting Policy and Behavior Routes of Broadcasting Organization (방송 정책과 방송사 조직 내부 관행 간의 상호작용 연구: 외주 정책 사례를 중심으로)

  • Kwon, Jang-Won
    • Korean journal of communication and information
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    • v.38
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    • pp.245-275
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    • 2007
  • This study analyzes interactivity between formal policy and informal trade practices at outside production market of broadcasting production environment in Korea. For this, this study raises three topics. First, the trait of historical context of policy making at outside broadcasting production policy: Second, the trait and meaning of path dependency behavior in the process of trade practices between over-the-air TV Organization and independent production companies : Three, the meaning of interactivity between formal policy and informal trade practices at outside broadcasting production market. Major findings of this study are : the trait of policy making was concentrated on the quantitative rates of the outside production program. And, the trait of trade practices was unfair rivalry in accordance with the custom of insider dealing. The chief cause of the conflict structure of outside broadcasting production market is lacked in policy complement at the qualitative dimension.

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Development of Fairness Evaluation Index for the Construction Industry (건설산업의 공정성 평가지수 개발)

  • Lee, Chijoo
    • Korean Journal of Construction Engineering and Management
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    • v.23 no.1
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    • pp.16-27
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    • 2022
  • This study analyzed both the legal system regarding fair trade and the types of unfair trade in the construction industry. Then, it derived the factors with which to evaluate the level of fairness. These factors were classified by each type of participant in the construction industry, such as general contractors and subcontractors, and each construction stage, such as bidding, contracting, and construction. The perceived fairness level of factors was analyzed using a survey of 238 employees of general contractors and subcontractors. Next, the study developed a fairness index for the construction industry. The index showed that subcontractors perceived the level of fairness more negatively than general contractors, but both perceived the construction stage of the industry as having the lowest level of fairness. General contractors perceived the bidding and contracting stages as having the highest fairness levels, and subcontractors perceived the contracting stage as having the highest level of fairness. The developed fairness index identified the evaluation factors that need improvement and the fairness level perceived by each type of participant at each stage of construction. The results of this study can contribute to establishing measures that improve the level of fairness in the construction industry.