ATC - I do see where you are coming from. And I'll also add that neither of the crews were fully aware of the imminent danger they were in until it was too late. Asiana appeared not to notice and therefore did nothing, the TK crew noticed, but didn't follow up. Both tried in vain at the last moment to escape, but failed. It will be interesting to see what the Asiana crew has to say but I believe the biggest revelations in this incident will be in national standards and culture. Unless this very sensitive area is approached, this type of event will be repeated on a regular basis over the next few years.
Personally, the people to take the lead on this are the manufacturers and insurance companies (a rather un-holy alliance). ICAO are unlikely to mandate how an aircraft is to be flown but unless we improve our skill levels as an industry, we'll be parking a few more aircraft in usual places.