• Korean Journal of Construction Engineering and Management
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• v.19 no.1
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• pp.65-73
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• 2018

Since unfair trading practices between participants in construction project are common, the government has enforced several policies and systems to prevent or minimize the unfair trading practices in construction industry. However, not much attention has been paid to figure out which policies or acts are working or not. This paper analyzed the effectiveness of the policies and acts which are being implemented to prevent unfair trading practices and provided several suggestions to improve the performance of those acts. Survey was conducted to industry experts to collect data regarding their perceptions on those policies and acts. Then the effectiveness of the policies and acts were analyzed in terms of their importance and performance through IPA (Importance-Performance Analysis) based on the survey result. It was found through IPA that execution related acts such as investigation, exposure, and punishment for unfair trading practice have shown low effectiveness in entire construction process and dispute arbitration and mediation related center operated by authority showed low performance too. To improve the effectiveness of those acts, dispute arbitration system improvement, investigation & reporting system consolidation and enhancement practical binding force of punishment and penalty were suggested. Most of all, rules and culture for fair trading should become more established in construction industry by preventing conflict among participants through active communication.

• Management & Information Systems Review
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• v.4
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• pp.611-629
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• 2000

In the legislation interpretation and fundamental viewpoint about the legal system of insider trading, Japan strictly legislate under the proposition, the principle of 'nulla poena,' adopted 'the principle of limited enumeration,' and United states, under 'the principle of comprehension,' has entrusted courts with establishment of concrete concepts and standard, so the courts are very flexible in determining the range of insiders and the importance of inside information to show a strong will to eradicate insider trading. Korea has a legislative position of 'the principle of limited indication' which has been created by the negotiation between those principles of United states and Japan. Though this court has interpreted insider trading, insider trading using non-disclosed information has increased lately, needing the strengthening of its regulations. However, this shows us that sophisticate the regulations may be, the exposure of insider trading has limitations. The most important thing is to change recognition for transparency of the securities market, security of investors and to establish the atmosphere which is that fair stock trading made in a sound capital market to raise funds for corporation. The policies of improving unfair trading, self-regulation bodies, raising the transparency and legality of procedures of supervision and monitoring and applying 'compliance program' to stock companies are very needed to eliminate unfair trading in the securities market and establish the order of trading.

• Journal of Korean Philosophical Society
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• v.126
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• pp.213-233
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• 2013

The aim of this paper is to reveal the ethical problem of insider trading. 'Insider trading' refer to obtaining information from non-public sources such as private acquaintances about trade secret, using it purposes of enhancing insider's financial advantages. And sometimes such a practice can be conducted fraudulently. Therefore, the focus of this paper will be on fairness or justice arguments against insider trading. And all kinds of discussion this paper are to focus the underlying consideration behind these arguments, that is, the underlying consideration about violation of ethical standards of fairness. First, one of these arguments argues that insider trading does necessarily involve defrauding general investors such as general employees, general stockholders. And economic power and unjust advantage of insider can be exercised to the detriment of this non-insider's interests. Second, another argument argues that insider trading undermines competition which is the principle of any free market. And insider trading is not only a complication in the free market mechanism, but also thwarts free competition which free markets depend. Third, the final argument argues that insider trading will be made something unfair about the concept of equal access to information. This argument argues, therefore, that to permit insider trading would be to set up stock market trading rules that are unfair to non-insiders.

• 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.

• The Korean Journal of Franchise Management
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• v.11 no.1
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• pp.45-60
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• 2020

Propose: The expansion of the delivery market in franchise business is a positive means of advertising and promotion for franchisees and contributes to substantial sales growth for stores. However, unrestricted and uncontrolled delivery sales and business activity of franchisee directly lead to encroachment of business territory between franchisees, resulting in increased operating costs of franchisees and conflicts between franchisees over rights and interests on franchise business. Moreover, in relation to the restrictions on the opening of competitors, it is incapacitating the law intent of prohibiting unfair encroachment of business territory, in the issue of the Fair Franchise Act in regard to guarantee of exclusive sales and business activity rights of franchisee. This study aims to point out major problems arising out of franchisee's infinite competition on delivery sales and business activity that are not restricted or controlled and then suggest legal supplements, policy tasks, and practical implications for improvement on the issues. Literature Review: In franchising business transactions, vertical restraints are associated with the exclusive territory establishment, control of transaction area, restriction of intangible sales and business activity of franchisee. Therefore, in the franchise business, it is necessary to take positive interpretation and application on e-commerce, the area of e-commerce, and delivery trading area and find proper and practical ways, by virtue of constructive attitude of each actor, to reduce the encroachment of business territory and various conflicts caused by unrestricted delivery trading area. Conclusion and suggestion: The finding shows that unrestricted or uncontrolled delivery sales and business activity of franchisees cause encroachment of business territory and many conflicts among franchisees. And this matters also weaken the legislation of the law on the protection of the business territory and can be negative factors that disrupt the protection of identity and sound development of the franchise industry in the long run. Therefore, in the franchise business, it is necessary to take positive interpretation and application on e-commerce, the area of e-commerce, and delivery trading area and find proper and practical ways, by virtue of constructive attitude of each actor, to reduce the encroachment of business territory and various conflicts caused by unrestricted delivery trading area.

• The Journal of the Korea Contents Association
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• v.16 no.12
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• pp.60-69
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• 2016

Korean management agency and production's size is bigger than ever applying diversification strategy since the Korean Wave started in 2000. Thus, the cross-ownership between two sectors is widespread and it's side effect such as unfair trading occurred among them. Came up with this problem, this study has focused on the analysis of the cross-ownership status of the entire Korean listed agencies and productions and the quest of the alternatives to solve the problem through in-depth interviews of the stakeholders and experts. Results showed that the horizontal regulation and American regulatory systems should be applied considering the previous law because the cross-ownership level was so high. In conclusion, it was proposed three regulatory models as follows : first, accept the cross-ownership and prohibit casting their contracted actors in their art, second, ban on the cross-ownership and allow mutual investment within a 10 to 20 percent stake, third, blanket ban on the cross-ownership and investment.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.6
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• pp.119-132
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• 2011

Mobile devices such as smart phones have brought big changes to be called as 'mobile big bang' against which we can't go. Mobile banking service and MTS(Mobile Trading System) are freely available at any time, anywhere and we are able to activate communications between financial company staffs out of the office and take care of business works even remotely by using mobile devices. Mobile devices are approaching as 'smart mobile innovation' to improve an enterprise productivity and competitiveness, but threats which engaged in unfair trading behaviors or unwholesome business works in finance companies are increasing and the customer's information can be leaked out by using the nonpublic official information and mobile devices. Therefore, we have to analyze the potential problems and take the necessary countermeasures with preemptive steps to protect the customer's information and improve the financial trading soundness and fairness. In this paper, we would like to suggest countermeasures and threats against using the financial company's mobile devices focusing on the financial investment companies by 'Capital Market and Financial Investment Business Act'.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.321-351
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• 2004

According to increase of Franchise Agreements, troubles related to those agreements and trading acts occur frequently. As Franchise system had come from Western countries, franchise agreement troubles tend to international disputes. In fact, those parties entered into a franchise agreement prefer arbitration to lawsuit as a dispute resolution system because arbitration is easy to risk-management for cost and time. The essential conditions for Franchise agreements are as follows ; for Franchise to grant Intellectual Properties to Franchisee, to give an impression of the same company between Franchise and Franchisee, to control and support Franchisee, for Franchisee to be an independent merchant, and to pay Franchiser license fee. Because Franchise Agreement is also based on liberty of contract, Franchise and Franchisee could enter into any kind of agreement. However, Franchiser can make an unfair agreement abusing a position of advantage. This paper check those unfair terms and conditions in Franchise agreement. Once they enter into an agreement, they should fulfil their contract. In case of trouble on performing the contract, both of them have to discuss to solve that trouble faithfully. But, they enter into either lawsuit or arbitration in accordance with agreement when they can't reach a decision in general. Specially, which is the most popular dispute resolution hands in case of Intellectual Property License agreement. General international Franchise Agreements have arbitration terms, but there is other case such as separate Arbitration Agreement if the want, which is separate from Franchise License agreement, so even though Franchise License agreement is invalidated, Arbitration agreement continues to exist, This paper reviews Franchise system and the terms of arbitration in Franchise agreement.

• Korean Journal of Agricultural Science
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• v.40 no.4
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• pp.411-416
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• 2013

In Korea, bean curd is one of most important foods and bean curd industry keeps growing. Korean bean curd industry has complicated structure with a few large-scale manufacturers and many small-size manufacturers, which causes difficulty in figuring the strategy for the promotion of bean curd industry. In order to solve this problem, more specific studies are required. The purpose of this paper is to analyze the production sector of Korean bean curd and to present the implications for the promotion of Korean bean curd industry. Survey analyses to producers was conducted for this research. The results of studies present a few findings: First, the solution for the easier purchase of raw material (soybean) should be prepared. Second, the support for marketing as well as R&D to small-size manufacturers is required. Third, the monitoring and controlling of unfair trading in bean curd market should be strengthened. Forth, the certification programs for the bean curd products should be managed.

• Journal of Distribution Research
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• v.16 no.5
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• pp.1-18
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• 2011

Local assemblers of agricultural products perform important distribution functions such as providing sales outlets, labor forces, market information, and financing, forward contracting, farming, physical distribution, and etc. However, their business activities are not transparent and producers are not effectively protected from unfair practices done by local assemblers. In order to enhance transparency and to increase effectiveness of governmental policies, local assemblers, which are mostly private management, should be organized as corporations. In order to organize corporations, the government should emphasize the importance of education and should provide corporations with governmental funds for improvement of agricultural distribution. Corporations should be developed to marketing cooperatives in the long run, and are requested to form their federations. It is also necessary to have transparent forward contracting system by local assemblers. In order to have transparent system, producers and local assemblers are guided to use standard contract forms and to operate offices handling unfair trade practices by local assemblers. We also need a place to exchange forward contracts, which can be developed to a futures market in the long run. In summary, local assemblers of agricultural products, which are mostly private management, should be developed to corporations and be operated by a transparent manner in order to protect agricultural producers and increase efficiency of trading.