• 제목/요약/키워드: Consumer Law

검색결과 288건 처리시간 0.032초

Online ADR for the E-Commerce? European Union's ADR Legislation for Cross-Border Online Trade

  • Chung, Ha-Sung
    • 한국중재학회지:중재연구
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    • 제25권3호
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    • pp.135-154
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    • 2015
  • The European Union has adopted the ADR Directive and ODR Regulation in 2013 with the purpose to strengthen the e-commerce within the EU. Not covered by these legislations is the trade in the B2B sector. The author examines the question of whether online ADR under the currently applicable legal framework would be possible in Germany. At the center of his review is the possibility of an arbitration clause which refers exclusively to an online ADR scheme, may be included in the General Terms and Conditions of an online trader.

수출마케팅에서 국가이미지와 브랜드개성에 관한 소비자 평가 (Consumer Evaluation of Country Image and Brand Personality under Export Marketing)

  • 이봉수
    • 무역상무연구
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    • 제28권
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    • pp.143-167
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    • 2005
  • This study suggests the necessity of effort to develop representative brands a unique personality in connection with country image. That is, brand personality adds brand identity to reliability and makes for stronger brand in the international market. It also furnishes the differentiation for guilding effective brand marketing. In summary, it is clear that country image and brand personality are strategic factors which should be considered by world enterprises and government in this era of globalization. In addition, the cross-cultural examination of country of origin effect and brand personality in connection with foreign consumers' selection is worthy of study.

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A PSYCHOPHYSICAL STUDY ON WEIGHT SENSITIVITY BY THE FOOT AND HAND

  • Nah, Ken
    • 한국감성과학회:학술대회논문집
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    • 한국감성과학회 2001년도 추계학술대회 논문집
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    • pp.76-80
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    • 2001
  • The weight of shoes may serve as a determining factor of perceived comfort and feel to the consumer in their purchase and repurchase decisions of footwear. People, however, seem to have trouble in accurately judging the feeling of weight of shoes on their feet. This paper made a psychophysical study of subjects′ sensitivity to weight on their feet and in their hands. The experiment consisted of 3 tests according to the motions people make when they evaluate the feel of shoes: 1) vertical lifting of a shoe on the foot ("hefting" in on the foot) 2) swing the shod foot back and forth; 3) holding and lifting a shoe by hand ("hefting" it in the hand). The method of constant stimuli and magnitude estimation were used for the experiment with 20 subjects. Weber′s ratios and the power law exponents obtained for each of the three tests were 0.156 and 0.713, 0.108 and 0.970, and 0.065 and 1.249, respectively in the same order of the previously listed tests.

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RFID와 프라이버시 보호 (Privacy Protection and RFID(Radio Frequency IDentification))

  • 이철호
    • 한국콘텐츠학회:학술대회논문집
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    • 한국콘텐츠학회 2006년도 추계 종합학술대회 논문집
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    • pp.443-446
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    • 2006
  • RFID는 유비쿼터스 환경 구현의 핵심으로서 향후 관련 산업의 활성화와 고용 창출 등을 통한 경제적 효과 제고 및 국민 생활의 패러다임 변화를 통한 사회적 투명성 향상 등으로 이어질 것으로 기대되기도 하지만, 점검되지 않은 RFID의 사용으로 전례 없이 방대한 정보를 소매업자에게 수집케 하고 그것을 고객정보데이터베이스에 링크시킴으로써 개인(소비자)의 프라이버시를 짓밟는 결과를 낳을 것이라는 우려의 목소리도 만만치 않은 상황이다. RFID시스템이 사회적으로 확산되고 있음에도 프라이버시 침해의 위협으로부터 개인을 보호해 줄 수 있는 법적 제도의 정비는 이루어지지 않고 있다. 본 논문에서는 RFID와 관련하여 발생할 수 있는 사례를 중심으로 개인의 프라이버시 침해 문제를 법적 관점에서 고찰해보고자 한다.

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The Montreal Convention: A First Impression

  • Sekiguchi, Masao
    • 항공우주정책ㆍ법학회지
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    • 제12권
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    • pp.36-65
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    • 2000
  • The Montreal Convention markedly changed the rules governing the international carriage by air of passenger, baggage and cargo. The introduction of a considerable number of modernized major elements including electric ticketing system, the unlimited passenger liability regime and a supplementary (fifth) jurisdiction should help to remove aged scheme that now exists in the Warsaw Convention and other related instruments. The key issue of the electric ticketing system recognized by the Convention IS how to describe reasonably and adequately the terms of written notices, in the light of the principle of consumer protection. Regarding liability regime for passengers, an unlimited passenger liability regime is realized. The carrier, in the first tier, is subject to a strict liability regime of up to 100,000 SDRs, and in the second tire, a regime of presumed fault liability without numerical liability limits. To add to the present four fora, the fifth forum is permitted. Regarding damage resulting the death or injury of a passenger, an action for damages may also be brought in its home territory with the considerably qualified narrow requirements. A strange deviation from the well-established "Procedure for Approval of Draft Convention" carried out by the Legal Committee left a considerable number of unrefined and incomplete passages. In the near future, their modification should be required.

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온라인 거래에서 사고 발생시 누가 이의 입증책임을 질 것인가? (Who is responsible for the onus of proof on online fraud transactions? In perspectives of the eCommerce Law and Privacy Investment)

  • Chun, Se-Hak;Cho, Woo-Je;Kim, Jae-Cheol
    • 한국경영정보학회:학술대회논문집
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    • 한국경영정보학회 2007년도 International Conference
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    • pp.699-704
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    • 2007
  • In this study, we examine why there exist different legal systems in electronic commerce or online financial trading. When a fraud online transaction occurs and the online customer disputes the transaction, the online customer takes responsibility for the proof of her/his argument in many European countries while in the U.S., the burden of proof lays on the firm. This paper analyzes how these two different legal systems exist and how these can be applied to electronic commerce law. In particular, this paper intends to find the optimal level of e-commerce firms' investment on security and analyzes how security investments can be related to firm's profits and consumer's welfare depending on IT infrastructure and social trust environment. More on, this paper can be contributed to provide guidelines for regulatory framework on ecommerce online transactions and discuss social welfare implications.

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비행제어법칙 감항인증 기준 설정 및 입증 연구 (A Study for the Airworthiness Certification Criteria and Compliance Related to the Flight Control Law)

  • 고기옥;고준수;안영갑
    • 한국항공우주학회지
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    • 제41권7호
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    • pp.569-576
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    • 2013
  • 군용항공기 산업의 비약적인 발전으로 정부의 군용항공기 감항인증은 점차적으로 중요한 역할을 차지하고 있다. 감항인증은 모든 항공기가 전 수명주기 동안 운용범위 내에서 비행안전에 적합하도록 항공기 개발에 필수적으로 요구되는 절차이다. 감항인증의 도입은 단일 수요자의 요구도에 부합되게 개발 해왔던 기존의 개발 사업특성에서 다수의 수요자의 공통의 요구도를 맞춘 개발 패러다임의 변화로 이끌어 가고 있다. 본 논문에서는 전투기급 항공기의 비행제어법칙의 감항인증 기준 설정에 대한 상세 연구와 감항인증 기술기준에 대한 입증 분석을 결과로 제시하였다.

전자서명(電子署名)과 전자인증(電子認證)의 제문제(諸問題) (Some problems of the Electronic Signature and the Electronic Certification)

  • 최준선
    • 무역상무연구
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    • 제15권
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    • pp.211-238
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    • 2001
  • This article discusses and analyses several issues regarding to the Electronic Signature and the Electronic Certification. The objects of the analyse are the each paragraphs of the Korean Electronic Signature Act of 1999 and that of the Korean Electronic Transaction Basic Act of 1999 in comparing to the paragraphs of the Electronic Signatures in Global and National Commerce Act' (E-Sign) of 2000, U.S.A. and that of the Draft UNCITRAL Model Law on Electronic Signature of 2000. The main issues discussed herein are the scope of the electronic signature, the definition of the electronic signature, permission of services to the non-authorized certification service providers, the effect of the electronic signature, the liability of the concerning parties of the electronic signature including liability of the certification service providers, that of the subscribers and that of the relying parties. This paper also discusses the problems of the possibility of issuing the electronic negotiable commercial papers, the validity of the electronic signatures done by electronic agents, the authority certificate, mutual certification of the foreign certification service providers, the permission of the electronic notary service, the problems of the consumer protection and the possibility of issuing electronic insurance policy, etc. The writer concludes by suggesting some measures that will activate the use of electronic signatures under the korean circumstances.

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중국산 도자기질 타일 반덤핑관세부과 사례에 관한 연구 (A Case Study on imposing anti-dumping duty against Chinese Ceramic Tile)

  • 김희길
    • 무역상무연구
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    • 제42권
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    • pp.337-364
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    • 2009
  • Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

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의료분쟁조정법상 손해배상금 대불제도의 문제점과 개선방안 (The Problems and Alternatives of The Subrogation Payment System for Damage)

  • 이백휴
    • 의료법학
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    • 제12권2호
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    • pp.163-187
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    • 2011
  • On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

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