• Title/Summary/Keyword: 표시.광고법

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A Study of the Legal Principles of the Obligation to Compensate for Damage by Unfair Labeling and Advertising Focusing on the Qualitative Analyses of Supreme Court Precedents (부당한 표시·광고의 손해 배상 책임의 법리에 관한 연구: 대법원 판례에 대한 질적 내용 분석)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.180-185
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    • 2018
  • The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

A Study on the Unfairness of the Comparative Labelling and Advertising Activities in the Judicial Precedents (부당한 비교표시.광고의 심결사례에 나타난 법리적 특성에 관한 연구)

  • Cho, Jae-Yung
    • Korean journal of communication and information
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    • v.39
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    • pp.428-472
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    • 2007
  • The purpose of this study is to find that how the principles of Fair Labelling and Advertising Act(called 'FLAA' hereinafter) apply to the unfair comparative labelling and advertising activities, as compared with deceptive and misleading, by analyzing the related judicial precedents for 7 years since FLAA enacted, The exact 17 precedents of Fair Trade Commission were analyzed to be judged the unfair comparative labelling and advertising activities, and partly also deceptive, falsified and exaggerated, which include in overlapping 5 comparative counterparts, 11 comparative standards, 7 comparative contents and 4 comparative methods in the unfairness types of comparison. Conclusively, it is needed that the unfairness of comparative labelling and advertising activities should be multiply considered in the concepts of deception, false or exaggeration and slanderousness, to more clearly apply to the facts and to more sufficiently protect consumers from the misleading environments.

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A Comparative Analysis on Policy Evaluation Methods: Focused on Fair Labeling & Advertising Act (정책평가방법의 비교분석: 표시.광고규제를 중심으로)

  • Choi, Shin-Ae;Yeo, Jung-Sung
    • Survey Research
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    • v.11 no.3
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    • pp.57-79
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    • 2010
  • This study evaluated the policy performance of i) Public Notice of Critical Information, ii) Substantiation of Facts in Labeling and Advertising, iii) Temporary Injunctions, and iv) Advertisement Correcting Misrepresented Facts, which were main policies belonged to Fair Labeling and Advertising Act(hereinafter referred to as "FLA Act"). The data was collected by visiting 76 persons personally, who were consumer policy and law experts, labeling and advertising staffs of corporations, and persons in charge of policies including public officials dealing with consumer policies at Korea Fair Trade Commission, while using a structured questionnaire at the same time. The survey was performed to examine the general policy performance and evaluation the results of FLA Act by evaluation methods. The results of the analysis are comprehensively summarized as follows. There were differences in the ranking of policies evaluated by labeling and advertising staffs of corporations and persons in charge of policies according to evaluation methods, and, in Simple Evaluation, higher scores were gained compared to Weighted Evaluation which reflected weighted values or Fuzzy Evaluation. The result shows that evaluation results can vary in policy performance evaluation according to evaluation methods.

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농약표시내용(라벨)은 분명하고 간결해야 한다 - "농약표시내용 및 광고에 관한 아시아$\cdot$태평양 지역망회의"를 다녀와서

  • 강충길
    • The Bimonthly Magazine for Agrochemicals and Plant Protection
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    • v.12 no.5 s.104
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    • pp.35-42
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    • 1991
  • 농약표시내용(라벨)의 중요성은 아무리 강조하여도 지나치지 않는다. 농약의 표시내용은 원제회사나 제조회사의 연구와 개발 뿐만 아니라 기술적인 내용과 지도 및 충고를 농약구입자나 사용자에게 전달할 수 있는 유일한 방법이기 때문이다. 우리나라의 농약표시내용은 농약관리법 제15조, 동법 시행규칙 제13조 제1항에 구체적으로 규정되어 있다. 여기에는 $\ulcorner$제조업자 또는 수입업자는 그 제조 또는 수입한 농약을 판매하고자 할 때에는 용기나 포장에 농약명$\cdot$품목명$\cdot$유효성분 함유량$\cdot$적용병해충명$\cdot$약효보증기간$\cdot$기타 농림수산부령이 정하는 사항을 표시$\lrcorner$하도록 되어있다. <농약표시내용 및 광고에 관한 아시아$\cdot$태평양 지역망 회의>가 세계식량농업기구(FAO)의 후원하에 1990년 12월 3일부터 7일까지 태국 치앙마이에서 개최되었던 바 토의된 내용을 소개하고자 한다.

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A study on Internet user's protection (인터넷 이용자 보호에 관한 연구)

  • Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.16 no.8
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    • pp.157-164
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    • 2011
  • As a computer technology is combined with communication technology, information and communication technology developed rapidly. As a result, The number of internet users increased quickly. Ability of human in using information was epoch-making, and it was increased through the Internet on behalf of an information-oriented society. As an Internet user hereby spreads explosively, legislations were established and revised to protect Internet users and consumers however, it is certain that the damages of Internet users are still increasing day by day. The purpose of this paper is to protect internet users and to reform the system. Also each portal site should provide fair information, and be responsible for conclusion of a contract. After they subdivide into personal service style, and analyze every situation and problems, they should improve problems.