孫基禎 選手의 베를린올림픽 마라톤 制覇가 우리민족에게 주는 歷史的 意義

정찬모 한국체육사학회 1997 체육사학회지 Vol.2 No.-

After the review of the historical meaning of Son Kee-Chung, marathon winner at the Summer Olympic Games of Berlin, Researcher learned that marathon runner Son Kee-Chung made a contribution to the recognition of reality of Korean history and with this kind of learning the conclusion of this study was as fallows: The marathon winner Mr. Son rejected the Japanese national flag at the Berlin stadium and it was very sensational to the audience, who learned the Korean spirit and also it became the unique impact of Korean People's solidarity. The world recognized the Korean People's excellency not like the understanding, so far, the inferior race to Japanese. Mr. Son overcame the dirty conspiracy from the Japanese Championship of Track and Field to discard him through the first try-out and the final try-out and at last he became the winner, the first place and he rejected to wear the running shirts printed the National Flag of Japan. At that time most of the Korean People were very poor and hungry under the Japanese colonialism. In spite of this kind of difficulties Mr. Son became the winner of the Olympic marathon and so, this news triggered the spread of the People's dignity. The intention of Adolf Hitler, host of the Berlin Olympic Games at that time, was to notify the physical superiority of German race to the world and so he had strong desire a German runner to be the winner at the Berlin Olympic, but the result was not. President Hitler could not help speaking in high terms of "Great Young Man" to Mr. Son. This is belonging to the philology research and the related philology should be discovered by the researcher's hand. With this research Researcher would like to suggest that the name of Mr. Son Kee-Chung and his nationality on the monument inscription in Berlin should be changed into Korean name and Korean nationality from Japanese name and Japanese nationality with his descendents, us. This job is thought as much easier one than that Germany and Japan, WWII war crimes, became the permanent member of UN Security Council. For this ardent goal very aggressive try is required by Korean government or Korea Olympic Committee. It depends on the persuasive power of Korea. The Mr. Son's generation tried their best to overcome the Japanese imperialism and today we are in the petty much easier environment and so, we have to keep in mind that the seed: strong spirit and racial dignity to raise. The instructors should not be lazy to educate the strong spirit and racial dignity. If they keep it in their mind, they can bear it in their mind and try it, and when they can not make flowers come out, they deliver their strong will to the next generations. Finally, physically racial superiority has been proved though many kinds of games and contests including the Olympic games. Sports is one of the short-cut to let them know the Korean People's excellency all over the world. For this goal the harmony between the elite sports and life sports. This is not the question: whether one of these is more important or not. According both of them are required the balanced support by the institution. The next requirement is manpower. Nobody can deny the today's sports as the result of the yesterday's efforts: with the new government organization the Ministry of Sports, Korea did her efforts to find out the future sportsmen from middle school or high school and support them for a long time under the leading policy of the government. By the way that kind of efforts and supports from the government is shown to be drastically decreased to the eyes of the sports experts after the ministry was reorganized into the one part of the Ministry of Culture and Sports. Nobody can not deny the reputation of the sports for the country and so, the supports and policy by the government should be kept without any discrepancy, There are many sports men who devoted themselves to save their father land in the history of East or West, today or yesterday. Some of them are pure sports men and some of them politicians who were sports men. Finally Researcher would like to suggest that we, regardless to say your job, politician or sports man, all do our best to find out good resources, raise, and support them in the same way.

경기규정 변천사를 통해 본 태권도 경기규정의 개선방안

정찬모,권형수,전만중 한국체육사학회 2000 체육사학회지 Vol.6 No.-

The purpose of this study was to investigate competition rules of Korea Taekwondo Association and World Taekwondo Federation from 1962 to the present and to propose an amendment of Taekwondo competition rules. There were four periods in Taekwondo competition rules. Taekwondo competition rules created in 1962 by the Korea Taekwondo Association. In 1973, world Taekwondo Federation was estalished and made a new competition rules. In 1988 seoul Olympic games, Taekwondo was adopted olympic demonstration events. Taekwondo rules were revised for the Games. In the Sydney olympic Games where Taekwondo was adopted regular event, Korea got three gold and one silver medals. But there were something to be desired for the rules of Taekwondo for the competition. Therefore, the amendment proposals Taekwondo competition rules are suggested as follows. 1. The duration of competition is proper for three rounds of two minutes with one minute of rest between rounds. 2. Spectators and T.V watchers will have more fun and attraction through the graduated scoring system(차등득점제) which is requiring high qualified techniques of competitions. 3. The current prohibited acts are divided into Kyong-go(경고) and Gam-jeam(감점).Gyung-go has 15 items and Gam-jeon has 8 items, It is necessary to simplify 23 items for spectator's better understanding Taekwondo Competition. 4. Actually the contest area doesn't need to be changed now. But if it is necessary, 9m * 9m contest area is better to change. 5. It is necessary to control weight class according to the law of statistics.

TPP 투자챕터의 실체규정 - 한중FTA와의 비교를 중심으로-

정찬모 전북대학교 동북아법연구소 2016 동북아법연구 Vol.10 No.1

환태평양동반자협정(TPP)이 2016년 2월 4일 서명되어 참가국의 비준을 앞두고 있다. TPP 투자챕터의 실체규정은 지난 수십여 년 간 투자협정의 운용에 대한 경험을 바탕으로 외국인 투자보호에 충실을 기하면서도 투자유치국의 공공정책 시행을 위한 신축성과의 균형을 맞추려는 노력의 현주소를 보여준다. 네거티브접근법을 취하여 설립 시에서부터 무차별대우를 보장하는 것을 원칙으로 한 것, 이행요건금지의 구체화 등에서 보듯이 투자시장의 개방 폭과 투자보호의 실질화에서 TPP가 한중FTA보다 넓고도 두텁다. 한국과 중국 양국이 적극적인 해외투자보호 정책을 취한 결과, 한중FTA도 일단 이루어진 투자의 보호에 있어서는 만전을 기하려는 의도가 투자의 정의를 넓게 규정한 부분 등에 나타난다. 하지만 최혜국대우의 적용에 있어 지나치게 광범위한 예외를 인정한 것, 고위경영진 및 이사회 구성 관련 요건 금지 규정의 부재 등은 한중FTA의 한계와 그 규범의 명확성과 충실도를 제고할 필요를 노정한다고 할 것이다. 후속 협상에서 이 부분에 진전이 있기를 기대한다. TPP가 투자보호와 국가공공정책 간에 균형을 도모하고자 노력한 것은 투자계약의 정의, 분쟁해결에의 최혜국대우 적용배제, 간접수용에 해당하지 않는 정당한 규제조치와 예외조치의 명시 규정 등에 나타난다. 이와 같은 TPP 투자챕터의 균형감각은 한중FTA 후속협상을 비롯한 한국의 향후 국제투자협정 체결과정에 적극적으로 수용할 필요가 있다. The Trans-Pacific Partnership (TPP) was signed in February 4, 2016 and awaits ratification of the Parties. The investment chapter of the TPP, taking lessons from the past practices, tries to balance the need for foreign investment protection and flexibility of the parties for the public policy objectives. Besides the refined investor-state dispute settlement procedure, TPP takes negative approach, i.e. no restriction unless mentioned, as a default principle applying from the establishment of an investment. As a whole, the scope of investment liberalization is wider and the level of protection is higher in the TPP than in Korea-China FTA. The investment chapter of Korea-China FTA, despite its broad definition of the concept of investment, lacks clarity and important provisions such as those on performance requirement and appointment requirement of senior management and boards of directors. The most-favored nation treatment principle also needs to be widened in its application. The balancing efforts of TPP between investment protection and public policy objectives are reflected in the provisions such as the definition of investment agreement, exclusion of MFN treatment in the dispute settlement, and the exception clauses. The sense of balance of the TPP investment chapter should be learned for the future investment treaties including the follow-up negotiation of the Korea-China FTA.

전략적 제휴의 경쟁법적 고찰

정찬모 한국규제학회 2001 규제연구 Vol.10 No.1

고려시대 무예체육의 발달과정에 관한 연구 : 弓射궁사를 중심으로

정찬모 한국체육사학회 2003 체육사학회지 Vol.12 No.-

The purpose of this study was to investigate an describe the actual state and developmental process of Martial Art(Archery) in the period of the Koryeo(高麗) Dynasty. Kungsa(Korean archery) is a martial art of the longest standing even practiced in the prehistoric age and the bows or famous for their excellent quality at that time. The bows in those days could be classified into Dangung(檀弓), Gaokgung(角弓), Kyeonggung(梗弓), and Segung(細弓), while the arrow into Kosi(고矢) Chukjeon(竹箭), Sejeon(細箭), Yuyeopjeon(柳葉箭), Daewoojeon(大羽箭), and Pyeonjeon(片箭). In Koryeo a separate military recuiting agency called Songunbyeolgam(選軍別監) was set up where candidates for the military service were tested on their skills in archery and kings ordered virtually all of their subjects ranging from civilian military officials to ordinary farmers to practice shooting with bows and arrows on a regular basis and personally spot-checked its execution. In addition, various martial arts including archery were offered as regular course work in Kangyeje of Kulcjagam and special archery units called Kyeonggung and Sagung(射弓) were established. As a result, many expert archers were produced, let alone the further development of archery skill itself. Representative archers in those days included such king of Koryeo as Yejong and Uijong and such famous generals of Koryeo as Ko Yeol(高烈), Kim Kyong-Yong, Choi Jeong(崔珽), Sea Gong(敍恭), Ki Tak-Seong(奇貞誠), Kim Yun-Hwue(金允候), Lee Ja-Seong(李子晟).

高麗時代의 五兵手搏戱

정찬모,이은송,이규형 한국체육사학회 2000 체육사학회지 Vol.6 No.-

Tung Ch'i Ch'ang was a scholar-painter who was held in high esteem during the period of Ming Dynasty. Not only did he have a superb discerning eye for ancient paintings and writings; in poetry, literature painting and writing as well he left fine works of art and inherent in his theory of painting is the orthodox aesthetic thought of the Orient. In this article we studied the aesthetic thought developed in his painting theory. Our findings can be summed up as follows: First, Tung Ch'i Ch'ang viewed the relationship between art and nature as the archetype of art, the fundamental proposition of classical aesthetics, and as the basis of its reason for being. The paintings he conceived were to create the artistic beauty loftier than the beauty of nature In other words, the beauty of art was thought to be an expression of the beauty of nature enhanced by the painter's subjective view and the exquisiteness of brush and ink Second, in Chinese painting, painting and poetry have traditionally been thought of as being in inherent unity, following Su Tung-P'o. Tung Ch'i Ch'ang also upheld the tradition but he took a step forward and discriminated between the two and thereby paved the way for subdividing genres in later years. Third the pictorial mental image of Tung Ch'i Ch'ang's painting was a developed form of non-ecstasy, the state of painting of Yuan Dynasty, so that the artist's subjective emotions, feelings and ideas revealed the so-called play of Indian ink which in turn was expressed through the exquisiteness of brush and ink rather than detailed description of natural sights. In brief the mental image of landscape painting was not so much paintings drawn from nature as paintings in the literary artist's style with much symbolic meaning in them Fourth, Tung Ch'i Ch'ang's theory of the Southern School can be said to be that of Wen-ten-hua (literary men's paintings); his view of art which was characterized by its Hua'Gha'n Gi'(畵卷籍), high personality, Cha'o Yi'(超逸), Xie'Yi'(寫意), deviation from actual shapes and natural hobby, advocated simplicity, nature, and Da'n(淡) as the ultimate tenets of art. While following the lines of Chang Ten-yuan's nature and Huang Xiu' Fu's i-p'in(逸品), this theory was closely bound up with Zen Buddhism of Na'n Du'n Be'i Jia'n(南頓北漸). Because the Zen as understood by Tung Ch'i Ch'ang is the same Zen of the thought of Chuang Tzu, the delight of Zen he enjoyed was like that of Gi'ng Ta'n(淸談) or Xua'n Ta'n(玄談) and had more in common with play of Indian ink. In conclusion Tung Ch'i Ch'ang's aesthetics of painting contributed to raising the level of artistic beauty of painting by demanding net only a study of ancient Painters(吉人), heaven and earth(天地), and mountians and streams(山川), but also the well-cultivated aspect on the part of the artist with his outstanding innate talent and the wide range of his reading and experience.

에픽(Epic) 대(對) 애플(Apple) 반독점소송: 일심법원의 관련시장 획정을 중심으로

정찬모 법무부 2022 선진상사법률연구 Vol.- No.97

In the glare of public attention the North California District Court delivered its decision for the Epic v. Apple case in September 2021. The judge ordered Apple to remove its ban of a link or a button which leads to alternative purchase systems and of a communication via an email address which was voluntarily provided by users. She also ordered Epic to pay Apple damages for violating its developer agreement. The Court, however, rejected all Epic claims based on federal Antitrust Act. This paper reviewed the relevant market part of the disputes as it was the judge’s core foundation of the decision. Following the Supreme Court decision in the Amex case, this Court recognized that the Apple platform mediates transaction between the parties of the two sides and defined the relevant market as ‘mobile gaming transaction’, declining to accept neither Epic’s nor Apple’s market definitions. This paper argued that the Court missed the substantial difference of the facts that Amex competed not with merchants on whom restriction was imposed but with other credit card companies, while Apple competed with Epic in alleged implicit alliance with Google against app developers, and that user-developer transaction is only one of many important transactions in this multiplex platform. The Court also failed to properly take into account new developments in the antitrust implications of aftermarket and data market monopolization. 최근 세간의 관심이 된 “에픽 v. 애플” 반독점소송에서 미국 캘리포니아 북부지방법원은 애플에게 앱 개발자가 IAP에 추가하여 외부구매수단으로 유인하는 버튼, 링크 등을 포함하는 것을 금지하지 말며, 이용자가 앱안의 등록 계정을 통하여 자발적으로 제공한 이메일로 개발자가 연락하는 것을 금지하지 말 것을 명령하고, 다른 한편 에픽에게는 미지급 수수료를 애플에게 지급할 것을 명령했다. 애플에 대한 위 명령의 근거는 캘리포니아 불공정경쟁법이고 에픽의 청구중 연방 반독점법에 근거한 청구는 모두 기각되었다. 이 논문은 반독점법상 청구를 기각한 핵심근거인 관련시장 판단 부분을 중심으로 살펴보았다. 이 사건 재판부는 대상 상품(용역)이 플랫폼 양면 당사자 간에 거래되는 성격을 갖고 있음을 확인하고 ‘모바일 게임 거래’로 관련시장을 획정했으며 이어서 애플의 시장 지배적 지위 및 남용을 부인한다. 이 판단은 연방대법원의 Amex 판례를 따른 것이나, Amex에서는 경쟁의 상대가 행위 대상이 아닌 제3 카드사였으며 가맹점-이용자 거래가 유일한 핵심거래였음에 반하여 이 사건에서 애플은 행위 상대방인 에픽과 부분적으로나마 경쟁관계에 있고 ‘운영체제 vs 앱 개발자’의 구도에서 구글과는 묵시적 공조가 의심되는 상황에 있으며, 개발자-이용자 거래 이외에 개발자와 플랫폼, 광고사, 결제사와의 거래도 실질적 중요성이 있기에 그곳에서의 불공정행위를 간과할 수 없다는 현실적 차이에 주목하지 못하였다. 관련시장은 문제행위의 경쟁효과를 가장 잘 평가할 수 있게 정의되어야 하며 양면시장적 성격은 이 과정의 한 고려요소일 뿐임이 상기될 필요가 있다. 그런 차원에서 플랫폼의 수직적 통합과 데이터시장의 독점화를 적절히 고려하지 못한 점도 아쉽다.

멕시코 通信서비스 WTO 事件

정찬모 법무부 2004 통상법률 Vol.- No.58

This case note reviews WTO case (DS204) on Mexico - Measures Affecting Telecommunications Services. It is the first panel finding on disputes relating to GATS and telecommunications services. In this case, the panel held that:(a) Mexico has not met its GATS commitments under Section 2.2(b) of its Reference Paper since it fails to ensure that a major supplier provides interconnection at cost-oriented rates to United States suppliers for the cross-border supply, on a facilities basis in Mexico, of the basic telecommunications services at issue ;(b) Mexico has not met its GATS commitments under Section 1.1 of its Reference Paper to maintain "appropriate measures" to prevent anti-competitive practices, since it maintains measures that require anti-competitive practices among competing suppliers which, alone or together, are a major supplier of the services at issue;(c) Mexico has not met its obligations under Section 5(a) of the GATS Annex on Telecommunications since it fails to ensure access to and use of public telecommunications transport networks and services on reasonable terms to Unitedservice suppliers for the cross-border supply, on a facilities basis in Mexico, of the basic telecommunications services at issue;(d) Mexico has not met its obligations under Section 5(b) of the GATS Annex on Telecommunications, since it fails to ensure that United States commercial agencies, whose commercial presence Mexico has committed to allow, have access to and use of private leased circuits within or across the border of Mexico, and are permitted to interconnect these circuits to public telecommunications transport networks and services or with circuits of other service suppliers. On the other hand, the Panel has found that : Mexico has not violated Section 2.2(b) of its Reference Paper, Section 5(a) and Section 5(b) of the GATS Annex on Telecommunications, with respect to cross-border supply, on a non-facilities basis into Mexico, of the basic telecommunications services at issue;This case is worthy of note in the following points. First, Mexican GATS specific commitments at issue is quite similar to those of Korea. Second, it is confirmed that the current international telecom calls originating from foreign countries are Mode 1 supply of services. Third, the panel followed a pro-open market interpretation of the regulations when they are obscure. Fourth, the reference paper was confirmed as a useful tool for open market and fair competition. Finally, this case will accelerate changes in international accounting system.

FTA 전자상거래 장(章)의 변천과 과제 -한·미FTA, 한·중FTA, TPP를 중심으로-

정찬모 경북대학교 IT와 법연구소 2017 IT와 법 연구 Vol.0 No.14

With the global economic depression, the growth rate of world trade remain behind the average economic growth. Policy makers who are worrying about this situation find new opportunities in digital trade. Against these economic and policy considerations, the Trans-Pacific Partnership ( TPP) incorporates provisions concerning electronic commerce which are new to the previous Free Trade Agreements (FTAs). This paper compares Electronic Commerce Chapter of the TPP with those of the Korea-US FTA and Korea-China FTA among others. The Korea-US FTA provided a template for the following FTAs. The E-Commerce Chapter of the Korea-China FTA evaded imposing strict obligations on the Contracting Parties and offered a programmatic best effort message. It reveals weaknesses in substantive as well as procedural aspects. We may find its value in that it lays down foundations for future cooperation and development. The TPP, on the contrast, includes a provision on personal data protection which was absent in the Korea-US FTA and maintains the provision on free-flow of information which was absent in the FTAs China has made. It has thus recovered the balance between personal data protection and information free flow. The TPP also introduces new provisions on the principle of internet interconnection charge sharing, location of computing facilities, unsolicited commercial electronic messages, and source code protection.

Regulatory Interaction between the ITU and the WTO : With Particular Reference to the Telecommunications Interconnection Rates

정찬모 인하대학교 법학연구소 2010 法學硏究 Vol.13 No.1

This paper discusses policy interaction between the ITU and the WTO by looking at the historical development of regulatory measures concerning international telecommunications interconnection. The authority of the ITU to set international regulations on telecommunications services has been challenged by the WTO since the Uruguay Round Agreements. The adoption of the WTO panel report Mexico‐Telecommunications (DS204) could be regarded as a threat to the institutional jurisdiction of the ITU. This paper concludes that the inability of the ITU to meet the needs of telecommunications industry in a changing market environment has caused the advancement of the WTO as a rule‐maker in international telecommunications. It suggests ways to revamp the ITU within the cooperative framework of the two international institutions.