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Abuse of Market Dominance in the Korean Music Industry via Anticompetitive Social Norms : JYJ's Fight for Representation

초록/요약

Korea’s rapid economic growth has created a tension between its capitalistic structure and cultural roots, which define a strict social hierarchy and preserve some Confucian influences. This culture sets a context against which personal relationships and social status direct market power so that business decisions may depend more on social norms than fair practice and competitive merit. These issues are especially visible in the Korean K-Pop music industry, where the labor market consists in large part of young artists who are contractually bound exclusively to one of several large companies in this concentrated market. The status of these workers as minors further intensifies their subjugation in the business hierarchy, leading to frequent charges of unfair practice. Yet, the social norms that inform business culture also dictate regulation and restriction of the market such that breaking industry propriety by asserting one’s own interests results in sanctions from market actors themselves, regardless of legality. The policies of the Korean Fair Trade Commission claim to prevent abuse of market dominance and unfair trade practice, yet one of the industry’s most prominent legal disputes, JYJ v. SM Entertainment, has involved continued blacklisting of JYJ from the market despite repeated legal decisions in their favor. This disconnect between legal/policy conclusions and actual market practice is the primary focus of this study. As fair competition represents both a desirable state for continued economic growth and an important principle for social justice, it is essential to prevent abuse of market dominance and to correct anticompetitive norms.

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목차

List of Tables & Figures vi

1. Introduction 1
1.1 Research Aims 3
1.2 Contributions 5

2. Theoretical Framework 7
2.1 Model for a Competitive Environment 7

3. Literature Review 11
3.1 Determining Legality 11
3.2 Social Norms as Anticompetitive Influences 15

4. Overview of the Korean Context 20
4.1 Economic Development and Competition Regulation 20
4.2 Participatory Democracy 24
4.3 Current Policies 26

5. Research Plan 30
5.1 General Methodology 30
5.2 Research Questions 33
5.3 Hypotheses 34
5.4 Scope and Limitations 34

6. Data and Analysis 36
6.1 Results 36

7.Conclusion and Policy Recommendation 48
7.1 Conclusion 48
7.2Policy Recommendation 52

Bibliography 57
Appendix 64

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