• Journal of Arbitration Studies
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• v.25 no.3
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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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.

• Proceedings of the Korean Society for Emotion and Sensibility Conference
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• 2001.11a
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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.

• Proceedings of the Korea Contents Association Conference
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• 2006.11a
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• pp.443-446
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• 2006

RFID is the core of realizing ubiquitous environment. This is expected to improve economical effect through related industry revitalization, make-work, and so on, in the future, and to be linked to social see-through enhancement via national life change. However unchecked RFID use lets retailers collect unprecedented huge information and they link it to customer information database, so the voice of worry to bring about a result of trampling down consumer privacy doesn't make a negligible situation. Although RFID system is spreaded out socially, the servicing of law and system is not accomplished to protect individuals from personal information violation threat. At the same time, in ubiquitous computing environment, to protect individual information efficiently, from the step of planning and deciding this technology system, constitutional law, norm, the basic legal rights of the people, and so forth is to be considered. The objective of the research is to persent the privacy protection from the viewpoints of law on RFID.

• The Korean Journal of Air & Space Law and Policy
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• v.12
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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.

• 한국경영정보학회:학술대회논문집
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• 2007.06a
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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.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.41 no.7
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• pp.569-576
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• 2013

The Airworthiness Certification from the government has an increasingly important role due to the dramatic growth of military aircraft development industry. It is a mandatory process of qualifying the flight safety within the aircraft's operational boundaries throughout its life cycle. The introduction of airworthiness certification has resulted in development paradigm shift from one requirement for one consumer need to the common requirement for many needs. This research paper provide the refinement of airworthiness certification criteria related to the flight control law and the verification methods which comply with its criteria.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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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.

• The Korean Society of Law and Medicine
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• v.12 no.2
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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.