화훼도매 온라인 거래처리 시스템을 통한 유통경로 개선방안 연구: (주)플로마켓 사례

이승창,안성혁 한국유통과학회 2010 유통과학연구 Vol.8 No.1

The ICT(information & communication technology) led to a dramatic change of floral distribution service, a phase of competition between wholesales and retail stores, and distribution channels in floral industry. It was expected that a role of the intermediaries in this industry would have reduced due to the improvement of transaction process by ICT. However, the ICT made to overcome a regional limit of the floral retail distribution service leading to an increase in sales and enlargement of the stores. And even it made possible to bring out another type of intermediaries such as private associations. This case study focuses on what kinds of efforts the floral wholesale distributors have made to enable a distribution process more smoothly between the wholesale distributors and retail stores through the information system, and what the failure factors in adopting the information system have been. This paper is also to examine how the wholesale distributors have changed themselves to gain dominant positions in distribution channels. As a result of the study, it was found that the intermediaries mostly failed in successfully achieving the distribution channel innovation through the information system because of several main reasons. FLOMARKET Inc. tried to innovate a distribution channel to obtain high quality goods through consolidating a wholesale distribution market in that segregated both floral joint market from free markets. after implementing the information system with consideration of the failure factors, FLOMARKET Inc. was able to minimize goods in stock and make a major purchase of various goods. In addition, it made a possible pre-ordering process and an exact calculation of purchasing goods so they could provide their products with market price in real time, which helped for the company to gain credits from their customers. Also, FLOMARKET Inc. established the information system which well suited to its business stage in order to deal with a rapidly changing distribution environment. It's so obvious that the transaction processing system of FLOMARKET Inc. definitely helped to share information among traders more seamlessly and smoothly in realtime, standardize goods, and make a transaction process clearer. Besides, the transaction information helped the wholesale distributors and retail stores to make more strategic decisions in their business because through the system they enabled to gather the marketing intelligence information more easily and convenient. If we understand that the floral distribution market is characterized by the low IT- based industry, it's worth to examine a case study proving that the information system actually increases the productivity of the transaction process in the floral industry.

사이버거래 처리 구조 진단을 기반으로 한 뱅킹시스템 정보보호 성숙도 측정방법론 연구

방기천(Kee-Chun Bang) 한국디지털콘텐츠학회 2014 한국디지털콘텐츠학회논문지 Vol.15 No.1

위성원격탐사에 관한 비교법적 고찰

김영주 한국항공우주정책⋅법학회 2020 한국항공우주정책·법학회지 Vol.35 No.1

The regulation of satellite remote sensing is generally included with the scope of statutes governing outer space activities. But not all states opted for dedicated satellite remote sensing regulation. The decision whether to do so depends in part on the specific capabilities of national satellite remote sensing programs. Five states that have dedicated statutes governing operations with remote sensing data are the United States, with its developed Landsat regime (the Land Remote Sensing Policy Act of 1992, LRSPA), Canada, with its Remote Sensing Systems Act, Germany, with its Satellite Data Securities Protection Act (SatDSiG), France, with its Law on Space Operations (LOS), Japan, with its Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data. The major purpose of this article is to shed light on some legal issues surrounding remote sensing activities by comparative review. The paper analyzes international conventions or soft law and national law and policies relating to satellite remote sensing. It also offers some implications and suggestions for regulations of satellite remote sensing operations and satellite data. 본 논문에서는 위성원격탐사의 제도적 정비와 향후 입법 과정에서의 사전 참고로서 이와 관련한 법적 문제들을 검토해 보았다. 위성원격탐사와 관련해서는 광범위한 법적 논점들이 제기될 수 있으나, 본 논문에서는 위성원격탐사에 관한 운용규제와 위성데이터의 거래규제 문제들에 논의의 중심을 두고, 우리법상의 본격적인 입법론적 방안을 위한 선행 연구로서, 비교법적 검토를 시도하였다. 먼저 위성원격탐사와 관련한 국제우주법 체제를 우주조약 체제와 UN원격탐사원칙으로 구분하여 개관하였고, 위성원격탐사에 관한 주요국의 입법례를 살펴보았다. 입법 연혁에 따라 미국, 캐나다, 독일, 프랑스, 일본의 순서로 각 법규들의 성립 배경과 구체적인 입법적 구조 및 주요 내용 등을 구체적으로 분석해 보았다. 이후, 비교법적 검토를 토대로, 위성원격탐사 법제 정비와 관련한 몇 가지 논점들을 상정하여, 시사점 내지 개별적인 의견 등을 제시하였다. 2020년 현재까지 ‘국내 입법’으로 위성원격탐사에 관한 법제 정비를 시도한 국가들로는 미국, 캐나다, 독일, 프랑스, 일본이 유일하다. 이들 국가들은 자체적인 위성운용시스템과 위성데이터보호에 관한 입법적 체계를 마련하여, 위성원격탐사에 관한 법률적 규율을 실시하고 있다. 우리나라도 2010년부터 ‘천리안 위성’을 운용하며 해양ㆍ기상 관측을 행하고 있는 위성원격탐사 수행국이라 할 수 있는데, 아직 그와 관련한 법제는 몇 가지의 정부 훈령을 제외하고는 마련되지 않은 상황이다. 그러나 위성데이터의 활용 플랫폼이 큰 폭으로 변화하고 있고, 소형 관측위성의 개발도 고려할 수 있는 지금, 데이터에 대한 접근성과 활용도는 향후 큰 폭으로 상승할 것이다. 이러한 점들을 고려할 때, 우리나라에서도 관측위성시스템과 위성데이터를 종합적으로 관리할 수 있는 입법 추진이 필요할 것으로 보인다. 특히 국가안보와 정보보안의 측면에서도 위성데이터에 대한 일정한 보급규제가 제도적으로 필요할 것이다.

내부스캘퍼의 거래와 자본시장법 위반

안성수 한국형사판례연구회 2015 刑事判例硏究 Vol.23 No.-

The Supreme Court ruled that using the high-speed processing services by the internal scalper does not correspond to the “illegal means, plans or artifice.” It decided that receiving the price from the inside scalper for providing the high-speed system connected to securities company’s internal system did not consist illegal act. The decision result from considering the current situation of high-speed services by inside scalper and the structure of the ELW market. But it is difficult to say that the structure is fair while a number of general investors is receiving damage, the inside scalper in a specific relationship with the securities company that benefits from the program based on the knowledge of LP’s order algorithm based on the experience during his work for the securities company and superior speed. In particular, it is insufficiently dealt with the facts about whether the inside scalper’s existence or reality of a high speed services was known or unknown to the general investigator, whether there was thorough analysis of the profits and losses by the system under the overall structure, and whether in the process faithful duty was kept or the principle of good faith compliance was implemented to the general investors by the securities firms. It is also needed to discuss that if only the behavior of the internal scalper could be object for the criminal penalties, this can really bring about shock to Korea Stock market, rather than discussing general DMA or external scalper’s high-speed trading (HFT: High frequency trading), on the circumstances that the court make the policy determination that this kinds of act should be resolved by providing the administrative regulations rather than to be criminally punished. In addition, it is also required to determine that securities company is in violation of the obligations to keep fiduciary duty to general trader or at least good faith attention duty to the client in accordance with civil law article 681, and whether or not such damage or loss caused as a result of violation of those duties consists of the criminal breach of trust in the business.

상업장부등의 전자적 보존 활성화를 위한 상법 제33조의 재검토

김현경(Kim Hyun-Kyung) 한국비교사법학회 2011 比較私法 Vol.18 No.3

The information telecommunication technology has revolutionized the communications world like nothing before. The rapid development of electronic information technologies, including Internet and the World Wide Web, has considerably advanced methods of communication. Electronic Document represents one of the most successful examples of the benefits of easy and rapid communication. Electronic document is the principal method of on-line civil service provided by the Government and is the vehicle for the electronic commercial transaction (ECommerce). Korea’s expertise in the digitization of administrative work procedures and civil services through IT applications has been highly recognized and topped in both categories of the e-government readiness index and e-participation index in the United Nations E-Government Survey 2010. the use of the electronic documents also has proliferated as E-commerce is diffused over the Private sectors. However, despite the spread of electronic services and businesses, the paper consumption still grows continuously. The domestic consumption of paper has reached 42.5 billion sheets of paper as of Year 2008, and government agencies in 2008 spent about 10 billion sheets of paper, showing the trend that the average annual growth rate is more than 20%. Corporate annual paper consumption is on average 15.9 per capita in the box and, if 1 box is considered 2,500 sheets of paper, can be also estimated at approximately 39,855 sheets of paper per capita per year. Even if the development of IT technology built the environment for practical use of electronic document, Government has to provide the various policies for the dissemination and diffusion of electronic document in order to reduce the unusual increase of paper consumption and to pursue the Green Information. However, there are concerns that the legal constraints would be the obstacle for implementing these policies and might result in hindering the spread of electronic document. Framework Act on Electronic Commerce prescribes the basic principles for the validity of electronic documents in private transaction and recognizes the custody of electronic documents and documents subjects to conversion to electronic documents. This Act applies throughout commercial transactions in general. However, Commercial Act prescribe that trade books and all important documents relating business shall be preserved for a period of ten years and the slips and similar documents shall be kept for five years, and the books and documents may be preserved by means of the microfilms and other data processing systems. However, the even though these documents can ben preserved by electronic information processing system. However, Enforcement Decree of the Commercial Act prescribes that if books and document required to be signed and sealed by the law, the original with signature and the seal shall be preserved. This legal constraints limits the electronic means of preservation of trade books. In other words, Commercial Act imposes a duty to preserve the orignal paper of balance sheet, articles of association, various kinds of proof of certificate etc and does not clarify whether the documents preserved by the electronic means is deemed as the original document. This article will examine and analysis wether the Commercial Act provisions that premises the preservation of the original paper documents is appropriate for today’s information technology based industrial and business environment and propose an improvement method for invigorating and boosting the preservation of trade book by the electronic means.

Determinants of the Construction of On-Site Sewage Treatment and Disposal System(OSTDS) in Florida Local Governments: Regarding Transaction Cost Theory

박상철,이세진,김태진 국토연구원 2011 국토연구 Vol.69 No.-

This research investigates the significant question regarding which local contextual factors influence the construction of On-Site Sewage Treatment and Disposal System(OSTDS). Within the context of natural of water(common pool resources) and decentralized OSTDS, transaction cost theory is employed as a theoretical foundation. Based on theoretical and empirical evidences, the administrative profession, regional demographic status, local politics and number of service providers are positively associated with increasing the OSTDS construction. The importance of governmental policy support, citizen participation and voluntary action provide a credibility of the OSTDS operation and successfully promote economical and environmental outcome by the OSTDS. Furthermore, the local governments need to expand their efforts such as sewer policy flexibilities and interaction with citizen for increasing citizen commitment and reducing regional conflicts, resulting in well organized site selection or types of sewer facilities. Lastly, this research provides advance literature about the OSTDS in terms of social science approach with transaction cost theory.

공정거래 행정사건의 심급 구조에 관한 연구

김봉철 ( Kim Bongcheol ) 사법정책연구원 2022 연구보고서 Vol.2022 No.17

The Korea Fair Trade Commission (hereinafter referred to as “KFTC”), as a collegiate administrative agency under the authority of the Prime Minister, administers and enforces laws and regulations, including the Monopoly Regulation and Fair Trade Act (hereinafter referred to as “Fair Trade Act”), which functions as a fundamental law of competition. In the event of violations of the Fair Trade Act, KFTC imposes corrective measures: impose surcharges, issue corrective orders, send warning letters, etc. In accordance with article 100 of the Fair Trade Act, the Seoul High Court has jurisdiction over any lawsuit contesting the administrative actions of the KFTC, and the Supreme Court hears the cases on appeal. Accordingly, administrative cases concerning fair trade (hereinafter referred to as “fair trade cases”) are carried out in two-instance court proceedings. Critics have pointed out problems with the two-instance trial system for fair trade cases, and have argued that three-instance system should be available for fair trade cases as it is for general administrative cases. Related amendments to the law have been submitted several times. The debate on the instance system for fair trade cases involves issues relating to the scope of the court's jurisdiction and court specialization. Therefore, it needs to be studied comprehensively and systematically in the perspective of judicial policies as well. The main arguments for maintaining the two-instance system for fair trade cases include the need for a high level of expertise in judging violations of the Fair Trade Act, the adverse effects of prolonged litigation, the existence of alternative measures to protect the rights of the accused such as making amendments to the Fair Trade Act, etc. On the other hand, arguments of the critics who are for the three-instance system include the need for protection of the rights of the parties in accordance with the expanded scope of the right to access to courts, the necessity for the independence of the KFTC, existing problems related to the quasi- judicial proceeding by KFTC, the controversy over the KFTC’s unseparated authority to conduct investigations and to adjudicate, the need for balance between regulatory actions of the KFTC and other agencies, etc. The debate on the instance system for fair trade cases is linked to the issues of the independence and regulatory expertise of the administrative agency, prompt resolution of disputes by courts, protecting the parties rights through expanding the scope of the right to access to courts, quasi-judicial administrative proceedings, etc. In this context, deciding on which instance system to adopt for fair trade cases is a matter of establishing a legislative policy by balancing the advantages and disadvantages of the two system. In order to maintain the two-instance system for fair trade cases the following requirements must be met: Strengthen the independence of the KFTC; Enhance fairness by separating the KFTC’s power to investigate and adjudicate; Guarantee substantive due process and legal representation; Contain individual and dissenting opinions in adjudications if the adjudication does not represent in whole or in part the unanimous opinion of the commissioners. In case the three-instance system is introduced by a statute revision, legal uncertainty may increase as litigations take longer. Therefore, it is necessary for the court to reduce the appeal rate by improving fact-finding hearings, increase the number of professional judges, and establish specialized chambers in courts. The KFTC may also consider having career groups such as “financial examiner” (tentative name) and professional advisors engaged in the process of fair trade cases, and having the KFTC officials dispatched to courts. Furthermore, in order to balance the advantages of the two systems for fair trade cases, another possible option would be adopting both systems for different cases: Applying two-instance system for the cases where the amount of the surcharge imposed does not exceed a certain level, and three-instance system for the rest. Courts have accumulated considerable experiences and gaind expertise in fair trade cases, and judicial interpretations have contributed to the fair trade system, protecting the rights of people as well. Considered from perspectives on judicial policy, the instance system for fair trade should focus on the prompt resolution of cases based on the judicial expertise and on the protection of the peoples’ rights through court's substantial fact-finding. If three-instance system becomes available for fair trade cases, it would be a way of enhancing judicial fairness, judicial transparency and judicial specialization. In this context, it is considered necessary to actively discuss the introduction of the three-instance system for fair trade cases.

전자문서 관련법령의 기업친화성 강화방안에 관한 연구

김현경(Kim, Hyun-Kyung) 성균관대학교 법학연구소 2012 성균관법학 Vol.24 No.1

A large number of documents generated and distributed by companies is being handled and electronically on the ground of information processing technology development. Electronic document are becoming important not only in terms of convenience and efficiency as well as the company's information resources management and utilization. However, the consumption of paper documents is still increasing and it shows that the face value of electronic document does not reflect on business practices. This unreasonableness is stemming from the legal limit based on paper document. The most basic prerequisition for companies to take advantage of electronic documents is that electronic documents should be able to be submitted to public or freely flowed in private in electronic form. In addition, there should be no uncertainty to acknowledge the validity of electronic document. This study suggests the following amendments of laws related to electronic document. First, it is necessary to prepare a plan on distribution of electronic douments beween the public and private. Most of the document-related activities done in corporate are made in accordance with the provisions of the law. Specifically, licensing, registration and documentation to be submitted to the public sector occupies a significant portion, and various documents should be supplied for confirmation to the public sector. This paper suggests the introduction of government electronic document storage. It needs legal basis for the establishment of the storage. Furthermore, for the convenience of citizens, the storage should be connected to the authorized electronic document provided in the Framework Act on Electronic Commerce Section 2 of Article 31. Second, legal basis for the activation of 'digitalized document' is necessary. Digitalized document has is a charateristic that the original paper documents exist separately. Thus, issues on the identity with the original paper, integrity in the process of creating digitalized documents, and authencity of the digitalized document itself can be discussed. Finally, ensuring consistency of relevant laws and regulations is required. When critical business documents are created in electronic form, the Commercial Code does not have special rules to apply and the Framework Act on Electronic Commerce applies. However, The annex of the Framework Act on Electronic Commerce Act does not comment 'the commercial books and the preservation of important documents on the business under Article 33 of the Commercial Code, the uncertainty exists. Clear legal basis for the storage of commercial documents are needed. If digitalized documents are the same as the original documents in its contents and forms, and meet the reliability requirements, particularly when the documents are notarized, it can be preferably considered that the original document is disposed.

미국과 유럽의 경쟁법상 사전청문제도

정완 ( Wan Choung ) 영산대학교 법률연구소 2008 영산법률논총 Vol.5 No.1

The modern state is referred to as the welfare state or the administrative state. The welfare state promotes public interests and welfare of the people. The administration under the welfare state has become more proficient and more technical, which has caused the expension and strengthening of the administrative function. The modern administration has enlarged, but the reinforcement of administrative power is prone to infringe fundamental human right. So the modern administrative law has problem how to balance the both goals the strengthening of the administrative power and the protection of the human right. This article focused on the hearing procedure of EU and US. The hearing procedure originated from the English and American law; natural justice and due process of law. The hearing procedure require to people``s rights and interests, ensure to guarantee their own rights to claim a hearing. The purpose of this thesis is to analyze and evaluate the hearing procedure on competition law in EU and US. The enforcement of our Fair Trade Commission is very powerful on the the competition law in Korea, and so its regulation to the accused could be very severe. We will try to develop our competition law system through studies about the prehearing systems of EU and US.