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양대권 ( Dae Kwon Yang ) 한국경쟁법학회 2016 競爭法硏究 Vol.33 No.-
Given the use of abstract and comprehensive concepts, one may question whether “an act that causes considerable harm to the interests of consumers” prescribed in the latter part of the Article 3-2 (1) 5 of the Monopoly Regulation and Fair Trade Act per se is not against the rule of clarity. However, in light of the limitations of legislative schemes and the existence of concrete signs suggesting that the requirements for such act, i.e., remarkable nature and unfairness, have been met, the Supreme Court’s view that the wording does not contradict the rule of clarity is reasonable. However, to enhance predictability for the offender, there is need to more concretely define the types of and standards for such act. Since it is reasonable to view the above provision to contain separate requirements supplementing Subparagraphs 1 and 2 of the same Paragraph, prohibiting extortion and abuse in regard to consumers, the interests of consumers here should exclude the physical and safety interests of consumers that are under indirect protection of the Monopoly Regulation and Fair Trade Act while including non-economic benefits such as consumers’ right of free choice and incidental conveniences. As for the standards to determine the remarkable nature, it was reasonable for the Supreme Court to employ objective comparison methods such as comparison with trade conditions in comparable markets (comparing trade conditions altered by the relevant act with trade conditions of other business operators in comparable markets) and price/cost analysis (comparing price increases attributable to the relevant act with the degree of change in the cost of business operators with market dominance). However, this is merely an example and need not be clung to. Therefore, an individual approach is needed for determination. An act that causes considerable harm to the interests of consumers tends to be an act whose purpose is to enjoy dominance rather than to maintain or strengthen dominance, and thus, the Supreme Court was reasonable in applying different standards to determine unfairness of such act from those applied to exclusionary abuse. Also, since there are a wide variety of types of act and the intent and purpose of the persons committing such act would not be uniform, it is reasonable to demand subjective intent or purpose.
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레스토랑의 안전성이 신뢰, 불안, 만족 그리고 재방문 의도에 미치는 영향
양대권(Dae-Kwon YANG),김성훈(Sung-Hoon KIM),용석광(Suk-Kwang YONG) 한국프랜차이즈경영학회 2023 프랜차이즈경영연구 Vol.14 No.1
Purpose: Most people are worried about contracting COVID-19, which in turn increases anxiety that they may have contracted COVID-19. Therefore, this study examines the effect of restaurant safety consisting of hygiene, store management, and countermeasure on trust, anxiety, satisfaction, and revisit intention. Research design, data and methodology: The data were collected from 537 consumers who had experiences of visiting a restaurant within the last 2 months and analyzed with SPSS 28.0 and SmartPLS 4.0 programs. Result: The hygiene, management, and countermeasure had a significant positive (+) effect on trust. Restaurant hygiene was found to have a significant negative (-) effect on anxiety, but countermeasure had a significant positive (+) effect on anxiety. Meanwhile, management did not appear to have a significant effect on anxiety. Trust was found to have a significant positive (+) effect on satisfaction and revisit intention. Anxiety was found to have a significant negative (-) effect on satisfaction but had no significant effect on revisit intention. Finally, satisfaction was found to have a significant positive (+) effect on revisit intention. Conclusions: As a result of the study, this study explained the safety of restaurants in the COVID-19 pandemic environment through the protective motivation theory.
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김만철(Kim Man Cheol),양대권(Yang Dae Kwon),장봉춘(Jang Bong Chun),이대형(Lee Dae Hyung),신순호(Shin Soon Ho) 한국철도학회 2006 한국철도학회 학술발표대회논문집 Vol.- No.-
Currently, approx. 10,532 turnouts were installed on the KR line, of which 3,644 turnouts were installed in the main line where high speed operation is performed. This shows that it is necessary to improve the performance of turnout as one of vulnerable areas for the safe operation of a train. Even though the number of railway accidents is decreasing every year due to the renewal of railway facilities, there are still many factors that cause the occurrence of an accident. In particular, an incident in turnout area does not only have a high risk of a serious accident but also affect the operation of a train on the adjacent track in most cases, and consequently a big social loss is expected due to the delay in train operation as well as the loss of life and property. The objective of this study is to examine the accidents occurred in turnout area that is one of typical vulnerable areas over the past ten years, on the basis of the results, and to take an appropriate measure by finding out the major cause of accidents in turnout area so that a systematic safety system can be established to prevent or reduce accidents in turnout area.
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