해외직구와 병행수입에서의 쟁점과 과제 - 경쟁정책 및 경쟁법의 관점에서 -
Several Issues and Prospects in Overseas Direct Purchase and Parallel Import
이동원(충북대학교)
25권 2호, 229~265쪽
초록
Nowadays, 'overseas direct purchase' and 'parallel import' are two main topics among consumers and many authorities concerned, which affect enormously to our economy and market. These topics are able to discussed in many different aspects; i.e. from a perspective of protection of consumers, contractual contexts, private international law, and competitiveness. This paper discusses mainly from the competition policy and competition law. Overseas direct purchase includes generally three types of purchase as follows; firstly, overseas direct shipping which means that the customer orders directly overseas from online shopping, and the business ships the product to the consumer directly, secondly, the customer orders the product directly as mentioned-above, but the business ships the product only to the specific address entered by the customer, thirdly, the customer asks an agent to order and ship altogether with some commission. Parallel Import is a non-counterfeit product imported from other countries without the permission of the trademark owner. These topics have same significant meaning that these two are relevant to the improvement of the market structure, which broaden the product and regional market, and finally stimulate the supracompetitiveness. These also bring about the price stability and consumer protection. Regarding the competition policy, the government including the Ministry of Strategy and Finance(MOSF), the Korea Customs Service, Korea Fair Trade Commission, Korean Intellectual Property Office (KIPO) are making every efforts to find the ways to vitalize the two topics, such as making some import goods through customs easily, simplifying the customs refund, strengthening the penalty to the abuse of the current system, and supporting the small parallel importer. Regarding the competition law, it is essential to protect the consumer effectively, to enforce the legal control of the agency, and protect the parallel importer within limit of not to infringe the rights of the exclusive importer.
Abstract
Nowadays, 'overseas direct purchase' and 'parallel import' are two main topics among consumers and many authorities concerned, which affect enormously to our economy and market. These topics are able to discussed in many different aspects; i.e. from a perspective of protection of consumers, contractual contexts, private international law, and competitiveness. This paper discusses mainly from the competition policy and competition law. Overseas direct purchase includes generally three types of purchase as follows; firstly, overseas direct shipping which means that the customer orders directly overseas from online shopping, and the business ships the product to the consumer directly, secondly, the customer orders the product directly as mentioned-above, but the business ships the product only to the specific address entered by the customer, thirdly, the customer asks an agent to order and ship altogether with some commission. Parallel Import is a non-counterfeit product imported from other countries without the permission of the trademark owner. These topics have same significant meaning that these two are relevant to the improvement of the market structure, which broaden the product and regional market, and finally stimulate the supracompetitiveness. These also bring about the price stability and consumer protection. Regarding the competition policy, the government including the Ministry of Strategy and Finance(MOSF), the Korea Customs Service, Korea Fair Trade Commission, Korean Intellectual Property Office (KIPO) are making every efforts to find the ways to vitalize the two topics, such as making some import goods through customs easily, simplifying the customs refund, strengthening the penalty to the abuse of the current system, and supporting the small parallel importer. Regarding the competition law, it is essential to protect the consumer effectively, to enforce the legal control of the agency, and protect the parallel importer within limit of not to infringe the rights of the exclusive importer.
- 발행기관:
- 한국경영법률학회
- 분류:
- 법학