• Title/Summary/Keyword: Consumer's rights

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Compare Patient Right and Consumer Right in Medical Field (보건의료현장에서 환자의 권리와 의료소비자로서의 권리 비교)

  • Jung, Younghoon
    • Health Policy and Management
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    • v.27 no.1
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    • pp.3-17
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    • 2017
  • In the traditional medical field, the patient was a person to receive protection from the doctor because there are vertical relationship between the patient and the doctor. But in modern medical field, patients change their role to health-care consumer to be guaranteed their rights more actively. This study compare patient's rights in doctor's vocational ethics and patient's rights in law, consumer rights. This study analyzes what is type of law-relationship between patients and doctor and how can they act health-care as health-care consumer.

Developing Standards for Measuring Consumers' Ability of College Student: Focus on the Consumer Education Effects (대학생 소비자능력 측정을 위한 척도개발: 소비자교육효과 측정을 중심으로)

  • Seo, In-Joo
    • Journal of Family Resource Management and Policy Review
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    • v.13 no.4
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    • pp.115-139
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    • 2009
  • This study focused on the development of a scale measuring the effect of consumer education. The purposes of this study were to develop a tool which could measure consumer knowledge, consumer attitudes and consumer behavior. Data were collected from 266 college students. Analysis was done using frequency, cross tabulation analysis, reliability test, principle components factor analysis, confirmatory factor analysis (Amos 5.0), and multiple regression analysis. The results from this study were as follows: 1) Nine consumer knowledge factors (23-items) were identified: consciousness of consumer education and evaluation, consumer rights and allowance management, methods of consumer education and consumer institutions, green energy and environmental consumption, essence and content of consumer education, consumer rights and consumer duty, critical consideration and consumer's damage salvation, buying minds and decision-making, independent consumers. Total variance was 58.4%. Cronbach's alpha for the nine factors ranged from .68-.79. 2) Five consumer attitude factors (26-items) were identified: green environmental consumption, consumer's role and rights, resources saving and consumer's damage salvation, consciousness of consumers, and right consumption. Total variance was 59.2%. Cronbach's alpha for the five factors ranged from .89-.94. 3) Seven consumer behavior factors (27-items) were identified: social role and rights of consumer and consumer movement, right buying and segregated garbage collection, green environmental consumption and resources saving, altruism and decision-making, allowance management and impulse buying, consumer's damage salvation, and consciousness of consumer. The total variance was 59.1%. Cronbach's alpha for the seven factors ranged from .77-.88. Finally, a scale measuring the effect of consumer education consisting of 76 items (consumer knowledge: 23 items (9 factors), consumer attitude: 26 items (5 factors), consumer behavior: 27 items (7 factors)) was constructed.

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The Rights of Patients as Consumers (환자의 소비자로서 권리)

  • Kwon, Yong Jin;Son, Sang Sik;Lim, Young Deok
    • Health Policy and Management
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    • v.22 no.3
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    • pp.315-346
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    • 2012
  • The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

A Development and Evaluation of an On-line Consumer Education Program for Adults in Consumerism - Focused on consumerism - (성인소비자 대상의 온라인 소비자교육프로그램 개발 및 평가 -소비자주의영역을 중심으로-)

  • 김민정;김기옥
    • Journal of Families and Better Life
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    • v.21 no.5
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    • pp.77-91
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    • 2003
  • Most consumers have experienced unexpected consumer problems in the new consumption environment. Accordingly consumer education is very important to prevent consumer problems in advance. Adult consumers don't have many chances to take consumer education with various reasons though they are in a core position in the economy. This study developed an on-line consumer education program for adults in consumerism in the website, www.bestmaker.com/cw. The contents of consumerism were divided into five subfields such as consumer rights, responsibility and roles; consumer law; consumer participation; consumer protection; on-line survey. The on-line consumer education program was given to 164 adult consumers who could use internet, and the contents and the methods of the consumer education were evaluated by the same consumers with an on-line survey. The results of the survey show that those in 30's through 40's and with higher education are more satisfied with the contents and the methods of the on-line consumer education. This study implies that the contents, the methods, and the design of an on-line consumer education need to be consistent each other and well organized altogether.

Arbitration Clause Prohibiting Class Action in Consumer Contracts

  • Yi, Sun
    • Journal of Arbitration Studies
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    • v.27 no.1
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    • pp.3-35
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    • 2017
  • For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.

Study on the Consumer Arbitration as a Remedy of Consumers' Damage (소비자피해구제제도로서 소비자중재에 관한 연구)

  • Kim, Do-Nyun;Lee, Dong-Ha
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.67-89
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    • 2018
  • An arbitration has great strength in the sense that it is a more rapid dispute resolution than a trial, and is means of dispute settlement for an achievement of the purpose which is the improvement of the rights and interests of consumers. Because the remedy of consumers' damage currently has not worked well, discussions about consumer arbitration as a universal Alternative Dispute Resolution (ADR) is needed. The core of the ADR is not only the professionality and neutrality of an arbitrator and a mediator, but also the non-impairment of the arbitration proceeding's fairness. In addition, it also has both economic feasibility and efficiency. Furthermore, providing an institutional strategy is necessary to ensure fairness in an arbitration award.

Insurance Consumers' Rights, Responsibilities Consciousness and Decision-making Behavior in Insurance Purchasing (보험소비자의 권리 및 책임의식과 보험구매 의사결정 행동)

  • Jang, Younju;Choe, Hyuncha;Han, Jihyung
    • The Journal of the Korea Contents Association
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    • v.18 no.9
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    • pp.454-467
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    • 2018
  • The purpose of this study is to analyze the level of consumers' right and responsibilities consciousness, and to analyze the difference of decision - making behaviors according to type of consumers' rights and responsibility consciousness level. The data collection subjects were those who had made the decision to purchase insurance directly within the last three years. A total of 1,225 data were used for the final analysis in this study. As a result, the consumer's sense of responsibility was lower than that of the rights consciousness, and the consumer group with the responsibility consciousness corresponding to the right consciousness was making more rational and subjective decisions. Based on these results, it is confirmed that consumer education that emphasizes responsibility consciousness corresponding to right consciousness is necessary for desirable and subjective decision making of insurance consumers. This study is meaningful in that it provides basic data for contents development to raise the awareness of rights and responsibilities of insurance consumers who can solve consumer problems.

The U.S. Contract Law Defenses in Consumer Arbitration Agreement (소비자중재합의의 미국계약법상 항변)

  • Ha, Choong-Lyong
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.151-171
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    • 2010
  • This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

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Consumer Concerns for Safety to Cow's Milk Produced by Biotechnology in the United States (인공생장호르몬을 사용하여 생산되는 우유의 안전성에 대한 미국소비자들의 관심에 관한 연구)

  • 유소이
    • Journal of the Korean Home Economics Association
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    • v.38 no.1
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    • pp.59-73
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    • 2000
  • The purposes of this study were to determine the factors that influence consumer concerns for safety to cow's milk produced using food-related biotechnology and to find the similarity and difference among concern factors relating short-term and long-term risk perception. Telephone interviews were conducted and the data were collected from households(n=1,466) nationwide in the U.S. And the data were analyzed by probit model and LIMDEP softare package. The data demonstrated that consumers were concerned about food safety from consuming milk produced using food-related biotechnology. The concerns were found to be influenced by demographic factors(gender in short-term, gender and age in long-term) as well as psychological aspect such as outrage(heard about bGH, milk belief about naturalness, expected benefit in short-term, heard about bGH, expected benefit in long-term) and attitudinal factors(animal rights group, locus of control in short-term, animal rights group, cancer history, locus of control in long-term). The results suggest that consumers have concerns for safety to cow's milk produced by biotechnology and the most factors influencing consumer concerns were similar between short-term and long-term period, though a few factors such as cancer history, milk belief about naturalness and age were different.

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The Effects of Consumer Satisfaction on the Home Help Service: Focused on a Service Quality Evaluation based on SERVQUAL (방문요양서비스의 소비자만족도에 미치는 영향요인에 관한 연구: SERVQUAL 모형에 근거한 서비스품질 평가요인을 중심으로)

  • Lee, Hyun-Jin
    • Journal of the Korean Home Economics Association
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    • v.49 no.7
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    • pp.1-11
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    • 2011
  • This study identified the use types of a home help service and the level of service quality and reviewed the extent of their effects on consumer satisfaction. As a result of measuring the service quality in terms of support, assurance, reliability, empathy and responsiveness, a high overall reliability was demonstrated in the service. The consumer satisfaction with the home help service was discovered as being high, in general. Meanwhile, with the female research participants, the lower the service fee was perceived to be, the higher the consumer satisfaction. The quality assessment items concerning support and reliability were found to be important variables which were influential on consumer satisfaction. Therefore, it has been shown to be imperative to prepare political alternatives regarding the development of the service standard in order to protect user's rights, offer relevant information, and ensure reliability in the home help service.