Fair Trade Commission Research Articles

Korean Competition Law Enforcement: Recent Developments

This article explains recent developments in Korean competition law enforcement from three perspectives. First, the Korea Fair Trade Commission (‘KFTC’) has recently improved its public enforcement procedures, focusing on preventing the collection of irrelevant materials during its on-site investigations, ensuring confidentiality in the KFTC’s investigations against the legal departments of investigated companies, and enabling more active participation from respondents in expressing their opinions. Second, the most significant progress in the enforcement of Korea’s Monopoly Regulation and Fair-Trade Act (‘MRFTA’) is evident in criminal enforcement. The KFTC and various other national institutions are actively employing criminal penalties, compelling companies to consider criminal procedures early in their response to investigations. Third, advancements have also been made in private enforcement, including (1) increased damage suits by parties injured by MRFTA violations, (2) derivative suits initiated by shareholders to recover company losses, and (3) recent legislative efforts to promote private enforcement through injunctions that prevent and prohibit violations and assist the injured parties in proving damage.

Is the Korea Fair Trade Commission Abusing the Provision for Abuse of Superior Trading Position?: A Critical Analysis of the Act on Fair Intermediary Trade of Online Platforms

Abstract This paper examines the economic impact of the abuse of superior trading position (ASTP) provision within Korea’s draft Act on Fair Intermediary Trade of Online Platforms (AFITOP). The AFITOP, proposed as part of competition law reform in the digital era, applies to large online platform operators providing intermediary services. While derived from the Monopoly Regulation and Fair Trade Act (MRFTA), the ASTP provision’s goal to protect the economically weak is secondary to the MRFTA’s primary goal of efficiency. Furthermore, the provision’s interpretative uncertainties burden enterprises, especially large ones and those exploring new business models. Including this provision in the AFITOP is likely to reduce innovation incentives among large online platform operators, and to foster enforcement bias toward the ASTP provision by the Korea Fair Trade Commission, thereby increasing inefficiency in competition law enforcement. Therefore, the ASTP provision in the AFITOP should not be introduced.

플랫폼법의 입법논의에 관한 고찰

Today, as online platform transactions become active, there is an urgent need for new legislation, tentatively known as the Online Platform Act, to regulate illegal activities of business operators that undermine fairness on online platforms and provide effective protection for consumers. This is because, even though traditional online commerce has become widespread as an online platform transaction, the E-Commerce Act, which was enacted and implemented 20 years ago, is still applied. In enacting the Online Platform Competition Promotion Act, the Fair Trade Commission is trying to introduce a pre-designation system that intensively regulates large operators through pre-designation of ‘dominant online platform operators’, which is receiving backlash from the platform industry. In other words, the government is trying to ban unfair practices such as preferential treatment and multi-homing restrictions by dominant operators by introducing this pre-designation system in the new Online Platform Act. The Fair Trade Commission’s legislative direction to pre-designate platform operators such as Google and Naver as dominant operators in order to regulate large platform operators has been disclosed, but the specific details of the bill have not yet been disclosed. In general, the key contents will be the regulation of unfair practices by platform operators, consumer protection, and designation of platform dominant operators. Through this legislation on the Online Platform Act, we will quickly respond to illegal acts in the platform market, thereby increasing the preventive effect. In addition, this will alleviate the economic burden on small business owners and consumers in the platform market, while revitalizing the market entry and activities of platform operators such as startups, which will lead to innovation and strengthening of competitiveness in the platform industry. In any case, although the industry is protesting against the pre-designation of the platform dominant operator, we hope that a more thorough review will be conducted and the legislation will be completed by reflecting the opinions of the platform industry as much as possible.

온라인플랫폼 사업자의 자사우대 행위의 위법성에 대한 소고

In December 2023, the Fair Trade Commission announced that it would introduce the tentatively named ‘Platform Fair Competition Promotion Act’ to pre-designate ‘dominant online platforms’ and prohibit abuse of their market dominant position. The fundamental question is whether online platforms’ self-preferencing can be considered subject to regulation under competition law, and what are the standards for judging its illegality. These controversies include what is the basis for recognition of market dominant position in the online market under the current legal system and whether self-preferencing can be included as a regulatory type of abuse of market dominant position. The Monopoly Regulation and Fair Trade Act prohibits abusive practices of market dominant Position in the relevant market, resulting in the effect of restricting competition. But, it is not easy to determine whether a market dominant position exists or whether there is a competition restriction effect in online platform market. Despite this situation, the Fair Trade Commission is establishing legislative policies to preemptively determine dominant online platforms and prohibit their abusive practices. However, the limitations of the use of the SSNIP test in online platforms did not overcome in ‘the Naver shopping case’, and the theory of monopoly leveraging, which is intended to be applied to determine the effect of restricting competition, has virtually lost its value in the United States, and the related discussions in the EU are different from the judgment standards established in ‘the Posco case’ in Korea. Considering the characteristics of the online platform market, which has the possibility of infinite competition in a multi-sided market without regional restrictions due to technological development, and the efficiency enhancing effect that the various services provided by online platforms will bring, regulation of the online platforms must be cautious.

Difference between Franchisers with and without Direct Retail Stores

The new regulation was introduced to the franchise market of South Korea in that an applicant who wants to be a franchiser must set up direct retail stores and run them for at least one year before recruiting franchisees. Considering the purpose of the regulation, it is inferred that once franchisers run their own stores, their franchisees would be better off than otherwise. This paper addresses one reason that the Korea Fair Trade Commission has no choice but to introduce the regulation. Along the line, this paper investigates whether franchisees would have a more likelihood to make profit in case of franchisers operating their own stores. The result demonstrates that this case could be true since the operation of franchiser-owned stores could be helpful in reducing the cost of franchisees.

Legitimate Transaction? Regulating Commercial International Marriage Brokers in South Korea

Marriages between South Korean men and women from less affluent Asian countries have been popular since the 1990s, and commercial international marriage brokers have played an important role in the trend. This article argues that the laws and regulations governing marriage brokers, such as Marriage Brokers Business Management Act (MBBMA) and consumer protection mechanisms, have reinforced the rights of citizen-husbands and legitimized claims from the men’s movement. As a result, the state’s regulation of commercial matchmaking endorses a form of commodified intimacy and protects the rights of male client-cum-“head of the family,” despite the consequences of commodifying the personhood of migrant women and legitimizing the violence of denying their personal autonomy. Data include public documents and policies from the Ministry of Gender Equality and Family, Korea Institute for Healthy Family, Korea Consumer Agency, Fair Trade Commission, and MBBMA. Analysis of these public texts reveals the legal and policy language that sanitizes and disguises unequal gender roles and discrimination against foreigners.

Current Status of Informed Consent Form for Acupotomy in Korean Medicine Hospitals and Development of a Standard Informed Consent Form Using Delphi Method

Objectives: This study was conducted to develop a standard acupotomy consent form that takes into account the unique characteristics of Korean Medicine. The study was motivated by the increasing importance of patient autonomy and the growing number of legal disputes related to medical malpractice in the clinical field of Korean Medicine.Methods: The analysis phase of the study involved a survey of the current status of acupotomy consent forms in Korean Medicine hospitals nationwide. The items of each form were analyzed based on the contents of the Medical law and the standard contract for medical procedures of the Fair Trade Commission (FTC). In the development and evaluation phase, the items and contents of the acupotomy consent form were evaluated using a 5-point Likert scale and content validity was assessed through two rounds of Delphi surveys. In the improvement phase, the contents of the consent form were revised based on the results of a survey of inpatient and outpatient patients in the Department of Acupuncture and Moxibustion at Pusan National University Korean Medicine Hospital, and real-time online meeting. The final version of the standard acupotomy consent form was completed after undergoing proofreading and corrections by a linguistics expert.Results: Only 30% of Korean Medicine hospitals have implemented acupotomy consent forms. The items of the consent forms did not fully include the items presented in the Medical act and the standard contract for medical procedures of the FTC. To address this issue, two rounds of Delphi surveys and a real-time discussion were conducted with a panel of 12 experts on 27 preliminary items of consent forms. The items and contents that met the criteria for content validity ratio, convergence, and consensus were derived. Based on the derived items and content, a standard acupotomy consent form was developed.Conclusions: The standard consent form for acupotomy is anticipated to ensure patient autonomy and enhance transparency and liability in acupotomy. Furthermore, it is expected to serve as evidence in case of medical disputes related to acupotomy and contribute as a reference document for the development of standard consents forms for various procedures of Korean Medicine. However, the limitations of the study include that the survey of consent forms was limited to only training hospitals of Korean Medicine, and the standard consent form is only applicable to adults in Korea. Future studies are needed to address these limitations.

『탄소제로 보험동맹(NZIA)』가입 사업자의 미국 반독점법 위반 문제

ESG management is becoming a mainstream trend in corporate management in all industries. In the environmental sector of ESG, there is a global consensus on the need to reduce carbon emissions to fight the climate crisis, and a wide variety of initiatives have been proposed. The Glasgow Financial Alliance for Net Zero (GFANZ) of the United Nations Environment Programme (UNEP) is one such initiative that has formed sector-specific organizations across the financial industry and set out guidelines for action to achieve collective goals. In the insurance sector, the Net-Zero Insurance Alliance (NZIA) was launched. The NZIA started in July 2021 with eight large insurance companies as members. At one point, the number of members reached 30 as more and more insurers realized that ESG management was an essential requirement for corporate sustainability. However, in May 2023, 23 U.S. states warned NZIA member insurers that they would likely violate U.S. antitrust laws if they conducted business under NZIA guidelines. As of February 10, 2024, only 11 companies remained in the alliance. Korean insurers Samsung Fire and Maritime and Shinhan Life have already withdrawn, leaving K.B. Insurance as the only remaining member of the NZIA. This situation involves several complex issues and is more than just a matter of the number of NZIA member companies rising and falling. For example, if an insured seeks fire insurance, can member insurers refuse to underwrite the risk because the insured is a carbon-emitting company? Would an insurance company be sanctioned as a boycott or business entity of illegal cartel conduct under U.S. antitrust law? Will antitrust enforcement extend beyond insurance to banking and asset managers? Is this a political move by the U.S. Republican Party in the run-up to the presidential election or a solid legal judgment? Is it part of a U.S. context that has seen repeated withdrawals from and accessions to the Paris Agreement on Climate Change and anti-ESG legislation on a state-by-state basis?
 There are so many complex factors in these questions that it’s difficult to determine a definitive answer. However, leading global insurance companies see the potential for antitrust violations as a severe legal risk. This article examines the rise and fall of the NZIA, ESG trends and backlash, and the potential for antitrust violations in the insurance business, which is the only financial industry exempt from federal antitrust laws. This is an issue of extraterritorial application of antitrust law, but it also introduces the position of E.U. Competition Law and the TFEU, which are critical of the attitude of the 23 U.S. states. Art.125 Mutual Agreement in the Korean Insurance Business Act and Art.3 Application to Acts Conducted Overseas, Art.56 International Cooperation of the Fair Trade Commission, Art.116 Legitimate Acts under Statutes or Regulations in Korean Monopoly Regulation and Fair Trade Act do not solve the problem.
 The question of whether NZIA members would violate U.S. antitrust laws is currently unanswered. And significant variables such as the outcome of the U.S. presidential election, the policies of the Republican Party, the global trend of pro-ESG, and the possibility of sudden litigation risk should be noted. Whether you win or lose on the merits, antitrust litigation in the U.S. is an arduous process that no business entities wants to go through.

중국법상 계열회사와 기업집단의 입법문제와 한국 경험의 의의

This article fist describes the relevant legal provisions on associated enterprises and enterprise groups in China, and discusses the application of associated enterprises, related relationships and enterprise groups in Chinese judicial practice. It then describes the Koreas experience, describing the designation of the same person system in the Monopoly Regulation and Fair-Trade Act of Korea and the regulation of enterprise groups through the regulation of circular and sequential capital contributions. Finally, the authorʼs opinion is given as to whether the Korean experience can be of relevance to China. Chinese enterprise groups have seen extremely rapid growth in recent decades, with the Chinese government developing its economy, controlling peopleʼs livelihoods and entering the international market through large enterprise groups. Chinses enterprise groups, especially state-owned enterprise groups, are basically formed by the government based on various needs and through administrative orders, and they have entered the market without any validation of rationality. Examining the legislation related to enterprise groups in China, it can be seen that the regulation of affiliated enterprises and related relationships in Chinese law is only for the purpose of regulating the internal governance structure of companies and tax collection, rather than for the purpose of planning the economic structure of the country and regulating monopolies. Chinaʼs enterprise groups have formed a huge enterprise system through economic ties and administrative orders, and this system will naturally have corresponding disadvantages in the process of development. However, at present, China only supports and promotes the rapid development of enterprise groups, and does not see a position to regulate them. In the South Korea, over the past few decades, family enterprise has formed large conglomerates through related enterprise and circular capital contribution, and such businesses have shaped the countryʼs economic development model. The shortcomings of Korean family enterprise were exposed in the 1997 economic crisis. Individual families at the top of such enterprises control the entire conglomerates with only a small number of shares, creating a minority shareholding system that has even shaped the countryʼs economy. In response to the shortcomings of this economic model, the Korean government established a regulatory system represented by the Monopoly Regulation and Fair-Trade Act, which is a system of designating the same person, i.e., family that controls a enterprise group with assets exceeding 5 trillion won, the Fair Trade Commission establishes and publishes a catalog of enterprise groups belonging to the same person. The enterprise groups designated as the same person are required to fulfill various reporting and submission obligation to prevent the special relations of the enterprise groups form seeking or obtaining undue benefits through the exercise of actual influence. This system has regulated the development of large Korean enterprise groups. Korean enterprise groups and Chinses enterprise groups are extremely similar in terms of corporate governance structure, especially in that the controlling shareholders have a stable position and exercise control over the enterprise largely unencumbered by external constraints, which in turn results in the controlling shareholders being arbitrary and domineering, which is almost entirely similar. The difference is that the controlling shareholder of Chinses state-owned enterprise groups is the government, while the controlling shareholder of Korean enterprise groups is the family. But the same is that, in the situation of controlling shareholders absolute control of the enterprise groups, if there is no constraint mechanism to restrain the controllers of the enterprise groups unilaterally expand the scale of the enterprise,

데이터베이스 이용제한 행위에 대한 경쟁법 적용

In a data-driven economy, companies (esp. platform companies) with large amounts of data can use it to gain competitive advantages, such as product and service innovation and improvements. However, when big data is concentrated in the hands of a few companies, new entrants may find it difficult to enter the market or, if they do, to compete. It is legal for companies to collect significant amounts of data and to manage and control it. However, the issue of misuse of data to increase entry costs and extend market power is being debated in various countries around the world on the need for regulation at the competition law. This study will introduce the Canadian Competition Bureau's Intellectual Property Enforcement Guidelines (the “IP Guidelines”) and the case of the Toronto Real Estate Board's (the “TREB”) restrictions on the use of a real estate database in the Toronto area, which addressed whether the restrictions constituted an abuse of market power under Canadian competition law(the “Case”).
 The case has been a long-running legal battle that began in 2011 with an investigation by the Canadian Competition Bureau and concluded in 2018 with a decision by the Supreme Court of Canada. As such, it is considered to be a precedent-setting case in the context of determining abuses of market power in relation to database restrictions. Recently, the Korea Fair Trade Commission also imposed a corrective order and a fine on NAVER for the act of preventing a third party (a competitor such as Kakao) from providing real estate listing information provided by NAVER through a contract with a real estate information provider. The case contains many similar legal issues to the NAVER case and is worthy of comparison and analysis. This study draws implications for Korean competition law enforcement through foreign regulations and case studies on platform operators' data access restriction.

Pre-Evaluating Efficiency Analysis of Mergers and Acquisitions of Full-Service Carriers in Korea

In November 2020, Korean Air signs an agreement to acquire and merges with 63.88% of Asiana Airlines’ shares, which is conditionally approved by the Korea Fair Trade Commission to address exclusivity concerns. The conditions require both airlines to return certain take-off or landing positions and revise their licenses for 26 international and 8 domestic routes within 10 years. This paper collects passenger traffic data from 2009 to 2019 using Korean data analysis, retrieval, and transfer systems employed by both airlines. Data envelopment analysis is utilized to assess their performance assuming the merger and acquisition. The analysis reveals that Korean Air’s super-efficiency performance in 2011 is the highest among all decision making units (DMUs). The best super-efficiency performance is achieved not only by individual companies but also by the combined enterprise in 2019.

OTT 기업결합의 경쟁법상 규제에 관한 고찰

The Korean Fair Trade Commission's 2019 decision on the merger of Oksusu and POOQ is important in that it dealt with the first merger between major OTTs, but it is also meaningful in that it dealt with merger in areas where rapid industrial structure changes are taking place. The Korean Fair Trade Commission distinguished the significance of the merger into horizontal and vertical aspects, and recognized competition restraints based on the fact that increased concentration by merger parties in the broadcasting content provision market can negatively affect competition between OTT operators. At this point, it is difficult to avoid the perception that the judgment at the time was inappropriate, considering the rapid growth of Netflix and the continuous decline in the integrated OTT share after the merger. However, it is not possible to make a negative assessment of the innocence just by failing to predict. But the lack of a detailed analysis of the transaction of video content needed to be supported in order to recognize competition restrictions in the vertical sector, as the US courts did in the AT&T and Time-Warner business combination case, sufficient understanding of the competition pattern between OTTs centered on original content and consideration of the industrial situation in which innovative changes are occurring may be a problem. These problems will need to be corrected in the regulation of merger that may occur in the field in the future.

온라인 쇼핑 사업자의 온라인 상품 진열 관련 행위에 대한 공정거래법상 불공정거래행위 규정의 적용

The online product display method of online shopping operators basically has a common characteristic with the product display method of offiine large-scale retailers, and requires a search function as a decision aid provided for the purpose of helping consumers smoothly purchase due to the unique characteristics of the Internet shopping environment. However, this search function has a difference with the search function of a search setvice in which what the user wants is the search result itself for the purpose of providing information in that the search result is used as an intermediate process to check whether the product the customer wants is in stock and the location for the purpose of making a purchase decision. In addition, in that the online shopping operator's search function is a function related to the online product display method, it can be used similarly to the sales promotion activities of offiine large-scale retailers by displaying products on their shelves. Online shopping operators make specific adjustments to the algorithm applied to the recommendation system to promote sales by exposing certain products prominent on the search result screen. In this study, it was critically reviewed whether the conduct m which private brand('PB') products are exposed prior to products sold by third parties as a result of specific adjustments to the algorithm by combining the search function with the recommendation function for sales promotion by online shopping operators could be treated as a self-preferencing and unfair trade practices provision in the Monopoly Regulation and Fair Trade Act(“MRFTA”) could be applied to the conduct. Among the types of unfair trade practices, discrimination of trade terms and unfair customer inducement by deception, which are the conduct types that the Korea Fair Trade Commission applied to the behavior treated as a self-preferencing in other cases, and the principle of judging the impediment to fair trade common to the conduct types were reviewed from the interpretative perspective. Based on this review, as a hypothetical case, if a online shopping company makes specific adjustments to the algorithm as part of its sales promotion activities, and as a result, the company's PB products are exposed prominent in consumer search results than products sold by third parties, it was shown that the application of the unfair trade practices provision leads to some interpretation difficulties, and that a cautious approach is needed to determine impediment to fair trade.

A note on conglomerate mergers: The Google/Fitbit case

We consider conglomerate mergers using the Google/Fitbit case as an example. First, summarizing the importance of conglomerate merger control and the current enforcement standards for such mergers by competition laws, we briefly describe a review of the Google/Fitbit merger by the Japan Fair Trade Commission. Next, we explain the background of the merger and introduce Chen et al. (2022), who theoretically discuss a cross-market merger by considering the Google/Fitbit merger. Finally, we discuss the implications of Chen et al. (2022) for controlling conglomerate mergers. Specifically, personalized pricing based on data analytics can be a foreclosure device; in particular, merger-specific efficiencies can foster market foreclosure.

하도급법상 입찰참가자격제한 등 요청결정의 처분성과 회사분할시 제재사유의 승계에 관하여

In the event of a company split, the Supreme Court ruled on April 27, 2023, regarding whether a new company or surviving company can be subject to sanctions (hereinafter referred to as “sanctions”), such as a request for restrictions on eligibility to participate in bidding, and restrictions on eligibility to participate in bidding. The target judgment was that the Fair Trade Commission (hereinafter referred to as the “Fair Trade Commission”) decided to limit the eligibility to participate in the bidding and request suspension for the company's violation of the Subcontracting Act. This is based on the subcontracting law's imposition of penalty points and the legal nature of the request decision, the status of accumulated penalty points, the company division process, the content of the split plan, the identity of the business sector transferred to the new company. The target judgment identifies the legal nature, requirements, and effects of the FTC's request for corrective action, penalty points, and bidding qualification under the Subcontracting Act, and reveals the meaning of public law rights and obligations transferred to the split company. The target judgment is also useful in that it can set a standard to distinguish between cases where public law obligations are specified enough to succeed and cases where there is no room for succession by comparing and considering the succession of reasons for restricting bidding participation. However, it is important to note that the reasons for the decision to request restrictions on bidding participation and whether or not to succeed to the reasons for restrictions on bidding participation depend on the provisions and facts of the relevant disposition. The target judgment is also meaningful in that it clarified the meaning of the disposition as the subject of an appeal suit in relation to the interim decision by confirming the disposition of the request decision on January 12, 2023 and February 2, 2022, such as the imposition of penalty points by the Fair Trade Commission and restrictions on bidding participation. Despite the target judgment, there are still a lot of things to be clarified about the meaning of the status under the public law transferred according to the division of the company, including the succession of reasons for sanctions, so follow-up research and discussion should be continued.

가맹본부의 다각화 결정요인과 성과에 관한 연구*

Purpose: Diversification is a strategy to secure competitive advantage, improve performance, and survive. Diversification studies have been conducted in various fields such as motivation and performance. Diversification is actively taking place in the franchise industry, but research on the diversification of franchisor is lacking. Therefore, in this study, we analyzed the influence of franchisor characteristics on diversification and how the characteristics of franchisors affect diversification according to the number of franchise brands owned by the franchisor. Furthermore, the impact of the diversification of franchisor on performance was analyzed. Research design, data, and methodology: Regression analysis was conducted to analyze the effect of franchise characteristics on franchisor diversification. Next, in the effect of franchise characteristics on diversification, the moderating effect of the number of franchise brands owned by the franchisor was analyzed. In addition, the impact of the diversification of franchisor on performance was analyzed. As an additional analysis, the characteristics of franchisor according to the survival period of franchise brands and the difference in average sales of existing and new franchise brands after franchise brand expansion were compared. For this purpose, the information disclosure data from 2015 to 2020 registered for franchise business transactions with the Fair Trade Commission was used and analyzed. Results: As a result of a regression analysis to confirm the effect of franchisor

무인경비업의 중소기업자간 경쟁제품 재지정에 관한 연구

The unmanned security market has been in a monopoly situation for 10 years, with the three major conglomerates accounting for nearly 90% of the monopoly standard of 70%, which is judged by the Fair Trade Commission. The Ministry of SMEs and Startups recognized this monopoly phenomenon and designated the unmanned security business as a competitive product among SMEs in 2019. However, the Public Procurement Service and the National Police Agency raised problems, and in three years, the unmanned security business was designated as a competitive product among small and medium-sized enterprises. Due to the nature of the unmanned security industry, small and medium-sized unmanned security companies that invested in facilities and facilities at the expense of maintaining and improving the same level of quality and service as large companies have been designated as competitors among small and medium-sized businesses. The re-designation of competitive products among small and medium-sized businesses in the unmanned security industry is a matter of survival of small and medium-sized unmanned security companies. This not only contributes to national policies that value SMEs and small business owners, but also improves the economic status of SMEs and the balanced development of the national economy by equally giving them economic opportunities and encouraging independent economic activities. Therefore, this study proposed an alternative to re-designate unmanned security business as a competitive product among SMEs by substantially solving the problem that unmanned security businesses were excluded from the competitive product among SMEs.

부패방지를 위한 항공사의 공정거래 규제 방안

Through examples of unfair trade practices and exploitation of private interests by airlines, we tried to derive the Fair Trade Commission's regulatory measures. To this end, the legislation and major requirements for regulating airline companies' unfair trade practices and exploitation of private interests were reviewed, focusing on the illegal cases of Korean Air and Asiana Airlines.
 First, the Fair Trade Act required even subsidiaries to be regulated for unfair trade practices and exploitation of private interests. There have been cases where airlines have evaded regulations on unfair trade practices and exploitation of private interests by establishing subsidiaries through physical division, etc. Accordingly, it is necessary to expand regulations not only to subsidiaries but also to sub-subsidiaries, etc. In this regard, it is necessary to re-examine the internal control system, hold accountability in case of loss of penalty or loss of compensation due to loss of damages, and demand measures to prevent recurrence.
 Second, the 20% standard in the current Fair Trade Act is based on the total number of issued stocks, so companies with a significant number of treasury stocks may be excluded from unfair trade practices and exploitation of profits regardless of the intention of the Fair Trade Commission. Therefore, it is also necessary to consider calculating the share ratio, excluding treasury shares as the standard for issued shares.
 Third, looking at the judgments related to unfair trade practices and exploitation of Korean Air, we come to the conclusion that small-scale unfair trade practices and fraudulent acts cannot be regulated under Article 23-2 of the Fair Trade Act. Therefore, it is necessary to further clarify the concept of unfair profits in the Fair Trade Act with the active attitude of the judiciary.
 Fourth, the current Fair Trade Act does not directly or indirectly hold shares in the same person as in the Kumho Asiana Group, but unfair trade practices and exploitation of private interests by affiliates controlled through public service corporations are not subject to regulation. Therefore, it is necessary to prepare legal measures for ownership stake and actual control.

형사실무상 전속고발권 폐지 필요성에 관한 연구

The accusation is a clue to the investigation, but in some criminal cases, the accusation is a condition of the lawsuit. Such is the case with the complaint system of the Fair Trade Commission and the complaint system of the National Tax Service. Since the recent inauguration of the new government, discussions on drastically revamping or abolishing the exclusive complaint system of administrative agencies have been in full swing. 
 It seems that the time has come to think about whether to abolish or supplement the exclusive complaint system of the head of the National Tax Service. In the meantime, the exclusive complaint system of the head of the National Tax Service has been exercised abnormally. There are few foreign legislative precedents with an exclusive complaint system.
 In the field of taxation, there must be criminal justice. Rather, if the existence of the exclusive complaint system gives preferential treatment unlike ordinary criminals, the exclusive complaint system should be abolished. If the abolition of the exclusive accusation system is too radical, a reform plan that can harmonize with the right to investigate can also be considered. The requirements of the current mandatory complaint system are ambiguous and require revision. Instead, it specifies the case on which a charge must be filed on a formal basis (eg, a case for which a warrant has been requested or issued).

스포츠인권침해 키워드 담론분석

The purpose of this study was to analyze the overall perception of sports human rights violations and related keyword using big data analysis. As a keyword for data search, keyword results for sports human rights violations in 2019-2020 and 2020-2021, In order to utilize big data analysis and text mining techniques, news article search information, which is commonly used by the public, was used. A total of 16 media and broadcasting companies (11 central and 5 broadcasting companies) were selected as keyword collection and analysis channels. Top 30 keyword were analyzed by performing N-gram network analysis and word cloud visualization step by step. The main analysis results of the study were as follows. First, the top 10 words extracted based on the keyword of sports human rights violations 2019-2020, Sook-Hyun Choi (1,389), sports field (1,249), Korea Sports Association (1,145), coach (1,136), players (1,086), perpetrator (892), triathlon (754), Gyeongju City Hall (690), victim (688), the Fair Trade Commission (566). Second, the top 10 words extracted based on the keyword of sports human rights violations 2010-2021, Sports field (1,260), coash (1,176), victims (1,125), student athletes (1,037), bullying (949), perpetrators (805), Korea Sports Association (729), human rights violations (618), national team (612), Da-Young, Lee (595). The 2019-2020 words were exposed centered on keywords related to the case of Sook-hyun, Choi and Suk-hee, Shim and it can be seen that the 2020-2021 words related to school violence and sports human rights violations appeared in earnest.