2014, Vol.23, No.1

Journal of Regulation Studies 2023 KCI Impact Factor : 0.78

pISSN : 1738-7132
https://journal.kci.go.kr/ksrs2002

The focus of this article is about the importance of the function of product labels, especially in the ingredient labels of food and cosmetic, on which consumers depend in deciding whether to buy it. In modern economy society, the information in the labeling of a tangible goods and intangible services is critical for consumers to choose the stocks they want to buy. The reason why the consumers more depend on the labeling will be subject to several reasons, such as; 1) the change of the types of goods which have so much functions that the buyers cannot catch the whole real quality of those stocks in an instant, 2) businesses are tend to use the strategy to prevent their consumer from accessing to their rivals. It is the problem of ‘experience goods and credence goods’. Because the consumer sovereignty and social welfare requires guaranteeing consumers’ right of choice and in this context, despite the strong competition policy in Korea, the deceptive labeling could lead consumer to choose inefficient goods unreasonably. As a result, despite the widen scope of consumers’ choice by the competition policy, the consumer sovereignty by allowing consumers to choose products and services reasonably, which they really want, cannot be enlarged. In many Korean administrative law, the stipulations of labeling contents are not enough to guarantee the consumers’ right of choice because the requirement of ingredient in food is quite limited and allows exemption of some food additives, and the requirement of showing all ingredients of cosmetic goods without any classification causes the consumers’ indifference to the indication. For this reason, the current regulations for the labeling contents and methods need to be revised to assure consumer’s right of choice by requiring the labeling contents to be assorted based on the hazard of the contents or any characteristics of the ingredients. For this reason, current inefficient labelling regulations for food and cosmetic goods should remove the limitation of food ingredient information and adopt more efficient methods to show the ingredients of cosmetic products, enabling the consumer to compare the content of a product against the others.

This paper analyzes the critical review on acceptance of mandatory cumulative voting in Korea. Cumulative voting was introduced in the Commercial Code in 1998. At the time of the introduction of cumulative voting this topic was discussed among many scholars. Some scholars argued to accept cumulative voting mandatorily, and another scholar argued to accept it arbitrarily. After 15 years the mandatory enforcement of cumulative voting are discussed these days. But most of all, the introduction of cumulative voting is limited to 20 countries, including Korea, the United States, Japan, Russia, Taiwan and other countries. Russia, Mexico and Chile have adopted mandatory provisions only. We can not recognize as exemplary countries of cumulative voting system for Russia, Mexico and Chile. Some scholars argue, that cumulative voting will increase rights of minority shareholders at the general meeting of shareholders. However, it is not true because the majority of the minority shareholders are interested in profit on investment. Cumulative voting will degrade the effectiveness of the management seriously. Therefore, it is the best way that the management decides if a company accepts the cumulative voting or not. Considering the fact which happens in the companies, the opinion of commercial revision committee should be withdrawn.

In Korea, the arguement of privacy now proceeding is sometimes so specific or so general, they can't suggest the substantial solution. To these phenomena, Strahileviz proposes the answer that personal information is not the part to be purely protected or used, but the part to be considered winner and loser of the regulations and protections. He divides the effects of protection and use into winner and loser. And he insists that we access the problem of privacy with these positive frameworks for well considering the meaning of distributive implications. When we see the problem of privacy with these positive frameworks, the best results can be produced. We can be out of misunderstanding that protection only is the best solution. To the proposal about positive assessment, Allen requestions about positive theory by using normative approach. In this thesis, we will overview positive theory of Strahilevitz and normative approach of Allen. Basis on these arguments, we will study the representative privacy issue about the collection and use of behavioral information. Positive theory and normative approach can be the requirement for solving matters of privacy. In the near future, these arguements will be frequently used by suggesting important implications for installing and implementing privacy policy. By doing so we can get the idea to change regulation into innovation.