• Title/Summary/Keyword: Consumer Law

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The Enactment Process Analysis of Consumer Protection Law (소비자보호법제정에 관한 과정분석)

  • 김영신
    • Journal of the Korean Home Economics Association
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    • v.26 no.4
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    • pp.101-112
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    • 1988
  • This article is the consumer protection policy-making process analysis through consumer protection law case study. Interest group theory has application to this analysis. Discussion is then focused on input and oupput of each interest group's demands through the enactment process of consumer protection law.

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The Historical Development of Consumer Protection

  • Alharthi, Saud Hamoud
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.392-398
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    • 2022
  • Consumers are continually in need of protection both locally and globally. The importance of providing consumer protection stems from the fact that the consumer represents the weaker party in the contractual process. This research focuses on examining the extent to which Saudi Law guarantees the protection of consumers using e-commerce from the expected legal problems such as antifraud locally and globally.

The Impact Analysis of Product Liability Law with Policy Delphi Method from a consumers' perspective (제조물책임법 소비자보호 효과분석)

  • 강효진;이기춘
    • Journal of the Korean Home Economics Association
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    • v.38 no.4
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    • pp.85-98
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    • 2000
  • PL law seeks consumers'just compensation and effective deterrence through shirting liability principle from negligence to strict liability. Impact analysis of Product Liability(PL) Low requires consumers' perspectives. This paper performed a policy delphi to predict the impact of PL law on consumers. The study surveyed the opinions of 30 specialists in PL area, ranging from government, officials, professors, researchers, consumer activists, to business executives, for three times. The consumer are as follows: first of all, PL law can contribute to damage compensation significantly in that it stimulates consumer complaints through non- court procedures. It is very unlikely that suits will be increased rapidly due to PL because of the current law environment. The degree of influence of PL law on damage compensation will very according to the content of PL law. Secondly, PL law can contribute to deterrence in that it encourages companies' efforts for product safety while it doesn't undermine consumers' attentions to safety. The influence on companies' efforts will vary according to the content of PL law.

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Consumer Protection in E-commerce: Synthesis Review of Related Books

  • Alharthi, Saud Hamoud
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.413-419
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    • 2022
  • To have a complete and comprehensive understanding of the research subject and to form an integrated legal framework for it, I have sought comprehensively to cover the major written literature on the issue under consideration. I also benefitted from a wide range of research and academic studies pertaining to the same topic, although that literature did not specifically address the issue of consumer rights in electronic contracting in the Saudi e-commerce system. Rather, it addressed only the civil and criminal protection of the consumer in e-commerce.

Some Problems Disclosure on the Insurance Contract Law in UK and The Consumer Insurance(Disclosure & Representations), 2012 (영국보험계약법 상 고지의무 문제와 2012년 소비자보험(고지.표시)법에 관한 연구)

  • Yun, Sung Kuk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.61
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    • pp.139-163
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    • 2014
  • Recently with making of 'The Consumer Insurance (Disclosure and Representations) Act 2012(hereunder CIA)', the UK revised the duty of disclosure especially with the consumer insurance contract. According to the CIA, if the misrepresentation was careless, the insurer may have the three options based upon what the insurer would have done had the consumer taken care to answer the question accurately; a compensatory remedy, avoidance of the insurance contract or, amendment of the contract. I realized that the establishment of CIA has been exposed to pro-actively relieve the breach of Warranty and Disclosure, Representations as far as required by the Global Insurance market. It was found that it is expected to bring significant changes in UK Insurance Act system of the 21st century, and prepares competition from neighboring countries. On the other hand, in the common law system, countries under MIA(1906) are trying to address the breach of warranty and Disclosure, Representations, except the UK cannot completely adhere with a positive attitude.

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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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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.

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.

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.

Exploratory Study on Consumer Attitude toward the SSM Regulation Law (유통산업발전법 개정에 따른 소비자 반응 탐색연구)

  • Nam, Se-Hyun;Cho, Yoon-Ki;Yoo, Jeong-Seok;Kim, Dong-Tae
    • Journal of Distribution Science
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    • v.11 no.10
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    • pp.47-53
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    • 2013
  • Purpose - Six months have passed since the amendment of the SSM regulation law; however, as yet, there is no confirmed research or report on the effects of this amendment, which are indefinite. Further, there have been no attempts to study the effects of the SSM regulation law from the consumers' viewpoint, which is important because consumers are the main agents that are greatly influenced by the amendment law. Therefore, this study aims to investigate the consumers' attitude toward the SSM regulation law as well as the effects of the SSM regulation law on the changes in purchase behavior. Research design, data, and methodology - This study was initiated from four research problems that are linked to consumer reaction to the SSM regulation law. Research problem 1: What is the consumers' reaction (perception, attitude, and perceived fairness) to the SSM regulation law? Research problem 2: How do the consumers' reactions to the SSM regulation law differ by consumers' characteristics? Research problem 3: Could the SSM regulation law change a consumer's purchase behavior? Research problem 4: Is it necessary to amend the SSM regulation law? This study collected the data through the interview and survey of housewives for the purpose of solving the research problems. The interview was conducted as a pilot study for the field survey. We interviewed three housewives, who were: an employed housewife, a full-time homemaker, and a manager of a housewife club, respectively. We then conducted a field survey of 232 housewives who were housewife club members or elementary school parents in Chunghcheong-do. Results - We verified the reliability and validity of the data, and analyzed it to solve the research problems. The main findings of this study were as follows. First, consumers still have a positive attitude toward large discount chains and SSM, which has been the case since the law was introduced. Second, perceived risk of consumers associated with traditional markets and small neighborhood shops was low. Third, consumers think that amendments of the SSM regulation law are important, and they positively assess the satisfaction, necessity, and propriety of the law. Fourth, although the SSM regulation law caused inconvenience to consumers, this law did not have any influence on the usage frequency and the use-behavior of large discount chains. Finally, consumers reacted very negatively to the toughening up of the SSM regulation law. Conclusions - In short, consumers still have a positive attitude toward the SSM regulation law. However, this act did not have any influence on the use-behavior of large discount chains (General Super Market). Thus, policy making authorities require active communication and promotions to enhance the effect of the SSM regulation law. This study was of the nature of exploratory research, which did not focus on hypothesis testing, but on finding solutions to the research problems. Therefore, this study is no more than a simple data analysis. Future studies should attempt to investigate the actual effects of the SSM regulation law, on the basis of sufficient literature review and real sales data.