• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.379-402
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• 2010

The Korea Foreign Trade Act(KFTA) was revised the penal provisions of the breach of the Country of Origin Labeling(COOL) recently. The ceiling of penalties became to 5 years for imprisonment, one hundred or three hundred million won for fine. The level of penalties are adjudged quite fair but the amount of penalty should be increased according to the profits from the breach or the nature of crime in some cases. The problems of the penalties are differences between KFTA and other related laws. There are related several laws on the breach of the COOL such as KFTA, Unfair Trade related Law, Customs Law, Consumer Protection Law, Law of COOL on Agricultural and Marine products etc. The penal provisions of the breach of the COOL has more heavier level than other the breach because of the criminal qualities. The problems are the penalty differences between the KFTA and the Unfair Trade Law under the Ministry of Knowledge Economy. The KFTA's penal provisions need to equate with Unfair Trade Law as long as same breaches on the COOL. The government can also consider some policies to rigid enforcement of breaches on the COOL. There are the Country of Origin Tracking system, the RoO Paparazzi System, Make public the names of habitual RoO Violators, Correction Order of breach of the COOL etc.

• Journal of Family Resource Management and Policy Review
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• v.12 no.2
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• pp.95-120
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• 2008

The purpose of this study is to find the factors that facilitate married female immigrants' early adjustment in Korea. For this purpose, 14 immigrated female participants living in Daegu were interviewed in-depth by using an open-ended questionnaire. The major findings are as follows: Through content analysis of participants' responses, three major factors were found to influence successful adjustment of married female immigrants personal factors, familial support and the social support system. Among the personal factors, having a conservative marital attitude, optimism and liking the partner rather than economic concern for the reason of marital decision making are contributing factors to the successful marital adjustment. Above all, familial support, a husband's good personality, care, and active support are the important factors in a foreign wife's adjustment and life satisfaction. Parent-in-law's help and tolerance playa role in a foreign daughter-in-law's successful adjustment. In the social support system, joined activities and the support of mends from the homeland make a contribution to decreasing the sense of isolation and to giving mental well-being for married female immigrants. The center for support of multicultural family gives them the opportunity to meet people from their homelands and to expand the social network.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.40
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• pp.3-30
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• 2008

This article attempts to describe and analyze the rules on the buyer's remedies for lack of conformity under PELS. It shows that such remedies under the PELS operate in a two-tier remedial scheme which is alien to both domestic and international legal systems. That is, repair and replacement take the position of primary remedy, whereas termination, price reduction and damages are secondary remedies which are available only where the primary remedies cannot be invoked. Notwithstanding its superiority, the PELS have some drawbacks in several aspects. First, the PELS seems to place its focus on the factor of cost except the other factors, for instance, the significance of the lack of conformity, when one decides whether the first tier remedies cause the seller unreasonable effort or expense. It is argued that the factors can be considered by referring to art. 1:302 PECL. Second, the PELS does not expressively provide any exclusion of the seller's right to choose between repair or replacement on the basis of unreasonable uncertainty in reimbursing the expenses advanced by the buyer. It argues that if there is such uncertainty, it should be regarded as causing the buyer an unreasonable inconvenience under art. 4:204(1). Third, the PELS does not seem to properly reflect the consumer's interests in that most consumers prefer to have the absolute right of termination as against the commercial sellers who have a relatively stronger bargaining position. The reasons for that is that there is a big hurdle, i.e., a hierarchy of remedies, to be overcome by the consumer to battle with the commercial seller, and that unavoidable vagueness in defining a minor lack of conformity has been often used against the consumer, but in favour of the commercial seller with a strong bargaining position.

• International Journal of Computer Science & Network Security
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• v.22 no.2
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• pp.424-435
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• 2022

When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

• Korean journal of communication and information
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• v.48
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• pp.5-24
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• 2009

This study is aimed to analyze the concept of media consumer and legal principles for consumer movements protection. Based on the concept and legal principles, this research is to review the characteristics of the advertisement boycott campaign. Article 124 of the Constitution prescribes that the state should guarantee the consumer protection movements. According to the Article 4 of the Framework Act on Consumer, consumers have the fundamental right to obtain proper compensation for damages sustained due to use of goods and etc. according to prompt and fair procedure. The type of boycott can be classified into two pattern on the basis of boycott's target or object. They are primary boycott and. secondary boycott. Consumer's boycott independent of primary or secondary, are under the protection of the consumer's right. Media consumers use scarce resources to satisfy their wants and needs to acquire news information and advertising information. Their resources are time and money. Therefore, ads boycott campaign or media boycott campaign is the primary boycott. Consumer's right should be guaranteed to the maximum. The Constitution and consumer protection law should protect the practice of consumer's right, especially consumer's boycott campaign.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.209-240
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• 2012

Since the age of Lord Mansfield, who laid the foundation of the modern English insurance contract law in the second part of the 18th century, English insurance law has developed a unique rule of warranty. Lord Mansfield adopted very different approach and afforded such a strict legal character to insurance warranty, because the promise, given by the insured, played an important role for the insurer to assess the scope of the risk insured at that time. It is still important that the insured keep his promises strictly to the insurer under the insurance contract, but legal environments have changed dramatically since the times of Lord Mansfield. English Law Commission proposed some proposals for reforming the warranty regime to reflect the changes of legal environment in CP 2007. This article is, therefore, designed to examine the proposals and consider their legal and practical implications. The proposals of Law Commission is summarized as following. First, in CP 2007, Law Commission made two principal proposals for reform of the law on warranty. The first is that the insurer should not be entitled to rely on a breach of warranty unless the insured has been provided with a witten statement of what they have undertaken under warranty. The second is that the insurer should not be entitled to reject a claim on the ground that the insured has breached a warranty unless there was a causal connection between the breach and the loss. Secondly, for consumer insurance, the rule requiring a causal connection would be mandatory, whereas for business insurance, it would be possible for the parties to agree on the effect a breach of warranty should have, provided they use clear language to express their intentions. Thirdly, where the insured contracted on the insurer's written standard terms of business, some statutory controls would be afforded to the contract to ensure that the cover was not substantially different from what the insured reasonably expected. Finally, Law Commission propose that a breach of warranty give the insurer the right to terminate the contract, rather than automatically discharging it from liability, but (unless otherwise agreed) only if the breach has sufficiently serious consequences to justify termination under the general law of contract. Having evaluated the proposals of the Law Commission and considered their legal and practical implications, it is quite clear that the proposed rule interfere with freedom of contract and create legal uncertainty. But change can not made without any victims, so Law Commission's attempt to change severe and injust aspects of the warranty regime would be very welcomed and respected.

• 한국디지털정책학회:학술대회논문집
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• 2004.11a
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• pp.55-73
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• 2004

The Internet is a wonderland that can be enjoyed by the young, old, and those in-between. It is also a vast commercial market where many contracts are formed every second. The Internet and E-Commerce have created new situations that have generated sweeping proposals for fundamental changes in contract law. During the first half of the 20th Century. when many businesses expanded their geographic scope, there was a tremendous desire for uniform treatment of contracts for the sale of goods throughout the U.S.A. and the whole world. That same dynamic is now occurring in E-Commerce. There is a general recognition of the desirability of uniform contract law to govern E-commerce, but to date that does not exist, though there are extensive proposals for reform of contract law on the Internet. E-Commerce is currently plagued by some of the same problems that led to the passage of the UCC. In the absence of uniform legislation, state-by-state differences are inevitable with respect to E-Commerce. State-by-state differences in E-Commerce contract law is widely viewed as undesirable. To deal with this problem, a number of uniform bills have been proposed including UCITA, UETA, and revisions to Article 2 of the UCC (Subpart B). The thrust of these uniform acts is to create legal parity between paper records and electronic records. There is considerable resistance by consumer groups to this parity and progress towards Passage of UCITA, UETA, and revised Article 2 has been slow. The UCITA covers licenses of computer software but does not cover the sale oil goods on the Internet. The scope of the UCITA includes computer software. multimedia interactive products, computer data and databases, and Internet and online information, The UETA deals comprehensively with E-Commerce and contract law. The UCC covers the sale of goods, which does not necessarily involve E-Commerce. The basic principles of contract law are modified to deal with Internet transactions. Intent is inferred from the operations of electronic agents and "signatures" can occur with a response to an invitation to click to accept.

• IE interfaces
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• v.15 no.2
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• pp.107-113
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• 2002

Recent reports studied that injuries or deaths frequently occurred in consumer product accidents by product defects. Broadly speaking, product liability is liability which is imposed upon a manufacturer or other seller for personal injury, death, property damage and/or commercial loss arising with respect to a product or service provided by it. In this study, we want to search a method of prevention against appling PL laws. The way was researching on the level of appreciation of PL law, warning messages's means and design criteria for seller or consumer of child toys. As a result, most people didn't understand PL laws. Although they read them before purchasing child toy, many consumers didn't differentiate means of "Notice", "Warning", and "Danger" in warning messages. In addition, they considered important factors in warning messages as notice warning, safety mark(UL, etc), age recommendation and color in order. This study will be effective to search a method of prevention against PL laws.

• Proceedings of the Korean Society of Organic Agriculture Conference
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• 2001.10a
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• pp.163-178
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• 2001

The last few nears have seen significantly increased interest in organic food. Organic food is still a small but growing part of the food industry with an identity defined and protected by law. Its existence provides an element of consumer choice. To obtain consumer confidence and, product credibility and transparency in the organic market, organic legislation and certification is needed, To facilitate export of organic products, harmonization of the organic legislation is favoured. The IFOAM accreditation programme has already achieved very much in this respect. Several national regulation, such as the NOP(USA) and EC2092/91(European Union) have already complied with the IFOAM basic standards. But in many countries there is still a lack of national legislation on organic agriculture. Because of the fast globalisation, organic agriculture is facing major challenges for international trade, so it is very important to consider the future development and certification of organic produce in all countries.

• 제어로봇시스템학회:학술대회논문집
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• 1992.10b
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• pp.135-139
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• 1992

Control of tool-environment interaction force to comply the robot system to an environment is of vital in many automated process. This paper presents the implementation of an adaptive force control with commercial robot system in two dimensional contour following task. A model reference adaptive control system, combined with the linear compensators, is implemented. That is, a use of adaptive control is to provide an auxiliary control system so that the contour following performance can be improved from that of using linear control system only. Hyperstability is used to derive the adaptive control law. Experimental verification of the proposed control system is obtained using PUMA 560 robot system. Data obtained experimentally shows that the use of additional adaptive control system improves the contour following performance about 30% in RMS contact force errors upon that of the system controlled by the linear compensators only.