• International Journal of Computer Science & Network Security
• /
• 제22권8호
• /
• pp.380-384
• /
• 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. I have divided the reviewed literature into two sections according to the sources.

• 대한가정학회지
• /
• 제34권5호
• /
• pp.67-84
• /
• 1996

This study examined two laws protecting consumer's safety, the 'Product Liability Law' and 'Legal Regulations on Recall Service.' and investigated the need for and importance of the laws. Second, the requirements regarding the procedures for implementing these laws were reviewed. Regarding the 'Product Liability Law', the study considered how the damage and injury of consumers caused by defects in production would be compensated and under what conditions. Regarding the law to regulate Recall service, this study reviewed when and how producers must recall their products because of their defects. Finally, the directions for enacting these laws were suggested, and several difficulties arising from their enactment were considered. Several suggestions were made to enact these two raws in order to enhance comsumer safety, consumer sovereignty, and consumer well-being.

• 기술사
• /
• 제33권2호
• /
• pp.18-21
• /
• 2000

As consumer, one of the most important things how to get manufactured good is an assurance of quality. We have a consumer protection law which is weaker than product liability law(so called PL law), but stronger than civil law. In this special issue, we want to explain PL law which will be legislated within not long time and to propose a method of protection and defence in building and housing field. As the quality control of constructor, ISO 9000 series for quality assurance and CM (Construction Management) for quality assister are concerned in all construction process. Therefore, above mentioned PL law is very serious problems which are applied in apartment housing, if applied, a little part as not real estate will be possible.

• 보건행정학회지
• /
• 제22권3호
• /
• pp.315-346
• /
• 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.

• 무역상무연구
• /
• 제19권
• /
• pp.33-66
• /
• 2003

This is a comparative and analytical study which comprises of the analysis of the rules of the buyer's remedies where the seller delivers defective goods of four legal systems; Directive, CISG, English law and Korean law. In light of threefold main purposes of this study, it firstly attempts to describe and analyze the remedy provisions of Directive in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It shows that the two tier remedial system under Directive is not much different from the other jurisdictions, except where the right of rescission under Directive is absolute in a sense that it does not require a certain degree of seriousness of defect. Secondly, the study compares the rules of one jurisdiction with those of other jurisdictions and evaluates the rules in light of the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It proves the followings; (1) the reluctance and uncertainty in English law of ordering specific performance based on the discretionary power does not reflect the parties' preference because the order is either uncertain or rather negative where the purchase of substitute goods elsewhere is not a satisfactory solution in many cases; (2) the position in Korean law which has no limitation on the right to require substitute goods is likely unfair in commercial sales, but justified in consumer sales; (3) the right of termination or reduction under Directive which is subject to the applicability of the right to require repair or substitute goods seems to be contrary to the consumer's preference where the defective delivery destroys the basis of trust in the quality of the seller's performance; (4) the absolute right of termination under Directive and English law seems crucial in consumer sales because they are often inferior to commercial sellers in terms of information and bargaining power; (5) the right of reduction as a self-help remedy which is absent in English law emphasizes its usefulness. Thirdly, it finds that, where CISG is deemed to fail to unify different rules on the right to require specific performance between Civil and Common law, it is attempted once again in Directive and notwithstanding their hostility to awarding the right to require specific performance in English law, Regulations 2002 expressively stipulates such right.

• 통상정보연구
• /
• 제4권2호
• /
• pp.27-46
• /
• 2002

Nowadays, the explosive evolvement of Internet. which is referred to as EC, has been prevailing. That has given the chance all of the world consumers to contact all of the world companies to enter into business relationship. But, electronic commerce laws have been established per conventional jurisdiction. some legal issues take place in the field of cross-border electronic commerce, including the governing law and competent courts. In this situations, it is gradually and widely required to lay down the internationally harmonized electronic commerce legal framework. Now, there are a lot of legal issues assumed in EC, in this study, we studied three precedence problems concerning B2C: Consumer Protection Law regarding B2C, Personal Information Protection Law in Private Sector regarding B2C, Web Site Trust Mark System.

• 한국경영과학회:학술대회논문집
• /
• 한국경영과학회 2001년도 추계학술대회 논문집
• /
• pp.362-365
• /
• 2001

Human, physical damage is happened frequently to consumer's safety accident by product defect on modern industrial society. Accordingly, advanced nation including the United States of America enforce product liability law and is protecting consumer more actively from danger of product defect. Our country(Korea) may enforce product liability law since July, 2002, and if business does not grope effective confrontation way about PL, capital strength weak smaller enterprise and venture business corporation's competitive power may affect much corporation's competitive power enfeeblement and survival. This research supplement based on induction and operating QMS in smaller enterprise essential factor that corporations must equip according to product liability law enforcement. And we present integration quality management system model of Product liability to do so that smaller enterprises may can cope effectively at force of Product liability law.

• 한국중재학회지:중재연구
• /
• 제18권3호
• /
• pp.139-163
• /
• 2008

The Collective Dispute Mediation was introduced to Korea with complement the Verbandsklage which was said to be poor at monetary compensation for consumers' damages. and The Collective Dispute Mediation also seems very likely to the class action, but one can resolve the dispute before filing a law suit under the Collective Dispute Mediation. The validity of the Collective Dispute Mediation is the same as the "settlement in court". After reaching the Collective Dispute Mediation, one may have a right to ask the compulsory execution. Under the Collective Dispute Mediation the damaged party must take part directly in the dispute, because the Collective Dispute Mediation is also included in the dispute resolution. Therefore a problem that how can the damaged consumer, who do not directly take part in the dispute process, get the remedy alternatively may arise. However, this problem is solved by Compensation Plan Letter which is described in the "Framework Act on Consumer". By the Compensation Plan Letter, the person who do not directly take part in the dispute process can be remedied ex post facto(Article 68). This thesis is study on The Function and Task of Collective Dispute Mediation in the Framework Act on Consumer in our state.

• 한국중재학회지:중재연구
• /
• 제21권3호
• /
• pp.165-187
• /
• 2011

This paper investigates on the legal doctrine of "voluntary, knowing, and intelligent" (VKI Doctrine). The main points that were discussed include the history of the VKI doctrine and the US courts' attitudes toward the doctrine. It was also discussed how the VKI doctrine influenced the protection of consumer who agreed to arbitrate with businesses. The US courts' attitudes have shown to be split in application of the VKI doctrine to disputes in the enforceability of arbitration agreement between the consumers and the businesses. In order for the arbitration agreement to be invalidated, the state legislature cannot enact law that are directly targeted toward the validity of arbitration agreement. Rather the contract law in each of the state should be applied to the evaluation of the validity of an arbitration agreement. As the more and more consumers become familiar with the arbitration, the need for the VKI doctrine to protect the individual consumers in arbitration is expected to be diminished in future disputes.

• 대한안전경영과학회지
• /
• 제4권1호
• /
• pp.81-92
• /
• 2002

The modern society is changed into mass production, complicated circulation society and mass consuming society because of the development of the fast science technology since the occurrence of the industrial revolution. Also, the human life style is changed into the abundant consumption society because of the appearance of the various products. The society change like the above provide comfortable life to us. but We are facing with danger for the bad food, illegal medicines and bad products. So, To solve the danger like the above, The Product Reliability Law be made. The both The enterprise and consumer need The Product Reliability Law to protect one's own interest. The consumer is claiming to use the product of safety of the resonable price and good quality in modern society, So, 1 studied on countermeasures of domestic enterprise to increase the competitive power of the enterprise according to Product Reliability Law