• Journal of Arbitration Studies
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• v.15 no.2
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• pp.3-35
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• 2005

The meaning of Online ADR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently Online ADR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in Online ADR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, Online ADR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future. Accordingly, the following points must be focused on for the continuous First, in the legal and institutional aspects for the development of Online ADR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of Online ADR, which utilizes electronic communication means. However, it is too early to establish a separate law for Online ADR because Online ADR must develop based on the theoretical system of ADR. Second, although Online ADR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, Online ADR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply Online ADR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, Online ADR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing Online ADR system. Third, the application of Online ADR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through Online ADR, and 115 Online ADR sites are in operation throughout the world. Thus Online ADR requires not temporary but continuous attention, and mediators and arbitrators participating in Online ADR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish Online ADR model and these projects should be supported by comprehensive researches on mediation, arbitration and Online ADR. Fourth, what is most important in the continuous development and expansion of Online ADR is to secure confidence in Online ADR and advertise Online ADR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in Online ADR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting Online ADR so that parties involved in disputes recognize the substantial contribution of Online ADR to dispute resolution. Lastly, dispute resolution through Online ADR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. Online ADR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.3-40
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• 2020

The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.113-136
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• 2020

Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.147-196
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• 2023

Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.

• Journal of the Korean Institute of Landscape Architecture
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• v.41 no.5
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• pp.46-56
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• 2013

This research prepared safety standard for out-door fitness and this research's purpose is to evaluate and investigate safety condition for out-door fitness which was distributed in domestic residence by applying TUV standard which evaluate product's safety inspection. We choose twelve companies which have many sales' amount and investigated for ten out-door fitness which have high consumer preferences. As a result of that, the ratio of successful applicants for safety evaluation was 55.1%. The terms desired was evaluated highly in safety for out-door fitness's fixing condition. However, the terms desired was evaluated lowly in safety for movable condition. Fitness equipment which has high consumer preferences was compared lowly than other equipment in safety part. It was analyzed that there was no difference in safety evaluation according to manufacturing company. So, it is necessary to prepare safety standard by establishing law in order to prevent accident while they are using because we cannot think that fitness equipments which was distributed in domestic area have high safety. We think that preparing safety standard can influence on preventing accident and reinforcing out-door fitness manufacturing companies' competitive.

• Journal of the Korean Wood Science and Technology
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• v.41 no.3
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• pp.258-268
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• 2013

Wood-based products market is new growth engine industry of "Green growth policy". Korean government established a law, sustainable use of wood, for expanding wood and wood-based products market in 2012. This study was conducted to seek sustainable measures for conservation and management of valuable natural resources, offer expanding quality assurance services for wood-based products, and explore measures for expanding wood-based products labeling system. Through discussed domestic and overseas trends and literatures that concern wood-based products labeling system and investigated case studies that were presently operational. For expanding quality assurance services of wood-based products, Korea Forest Service operates a wood-based products labeling system in integrated management through variety awareness and specialist assessment for each product. This process will make enhanced wood-based products labeling system expanded gradually. To evolve into $3^{rd}$ party quality assurance services on maturity age of labeling system, public communication will help improve awareness of producer and consumer. appropriate incentive program will attract voluntary participation from woodbased product industry. Producers consider environmental ethics in their business and consumer should exercise their right to know.

• 한국환경농학회:학술대회논문집
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• 2009.07a
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• pp.3-18
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• 2009

It is difficult for consumers to satisfy high safety request with post-management method such as inspection and surveillance, as various changes in-and-out of the country associated with food safety. In terms of food safety problems related to foods, it is crucial to recognize public health and consumer protection and construct pre-preventive Food Control System. A joint committee, FAO/WHO made the following consultations to the National Food Safety System. ${\circ}$ Approach entirely from farm to table ${\circ}$ Get ready for Risk Analysis System ${\circ}$ Secure transparency ${\circ}$ Establish the optimal policy by evaluating the effect of regulation When it comes to summarizing the consultation, it would be accumulated as two key words; "Efficiency" and "Credibility". Whereas the problem of efficiency focuses on precaution rather than post-management, it requires policy option to maximize consumer's benefit by evaluating the cost for the Food Safety Management and its benefit. Also, analyzing risk's character and amount, demanding an optimal means, and introducing scientific analysis system put much value on the stakeholder's communications are procedure's security which can satisfy both "Efficiency" and "Credibility" simultaneously. Especially, it is emphasized here that Risk Assessment need to be separated from Risk Management. This action is a valid means of credibility security throughout improving transparency. A number of nations and organizations have reformed the method of food management passing through reflection and examination of the prior National Food Safety Management since BSE occurred in Britain, 1996. FSA; Food Standard Agency, AFFSA, EFSA, BfR, and FSC are Risk Assessment Organization functionally separated from Risk Management Organization, JECFA, JMCFA, JMPR, JEMRA in Codex charge Risk Assessment internationally. In case of advanced countries excluding several those such as The U.S. and so forth, though these Risk Assessment Organizations are either separated functionally within Risk Management Organization or operated as apart organ, common factors are in which it has independence as Science Base. While securing independence of Risk Assessment Function, it is a tendency Risk Management should be functionally unified into efficiency as well. Though Germany constructs integral Risk Management System of diverse ways according to social and political conditions of each country such as GFOCP, DVFA, SNFA, CFIS and AQIS, there is a key word in the center, "Securing efficiency of Food Safety Management". However our nation has a representative plural；diversified system with The U.S., we took a step forward for unification as empowering policy's generalization；adjustment and Risk Assessment Function by means of enacting the "Food Safety Fundamental Law" in 2008 and establishing the "Food Safety Policy Commission" with private and governmental sectors in the Prime Minister's office. Even though the unification of Risk Management hereby increased, there is the lack of strengthening function of Risk Assessment and securing independence. It needs to be required for the professional committee in Food Safety Policy Commission to develop as a exclusive office of Risk Assessment by separating from a policy decision. Administrative Branches should reinforce feeble functions such as fundamental investigation；research for carrying out Risk Assessment with securing efficiency throughout reassessment of prior Risk Management Means.

• Journal of Distribution Science
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• v.13 no.4
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• pp.77-87
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• 2015

Purpose - This study aims to investigate the current state of distribution terminology usage by retailers and consumers nationwide, and to suggest a practical improvement plan for its standardization. The Korean distribution industry is closely related to consumers' daily lives. However, in reality, there exists a gap among producers, distributors, and consumers in terms of the definition, understanding, and perception of the terminology. Therefore, standardizing this terminology is essential for more smooth communication. This paper suggests the necessity of committing overall research and survey activities to the actual conditions of using Korean distribution terminology by organizations and their respective management situations, and further, the necessity of probing the problem and its measures in line with the objective and mission of the "Fundamental Law of the Korean Language." Research design, data, and methodology - This study's scope is limited to wholesale and retail including some information systems. First, the study covers most written material including lexicons and glossary of distribution terminology, university textbooks and teaching material for national certificate of qualification, and related laws and ordinances. Second, the survey covers retailers' management situations by store format. The retailers used as the sample for the survey include department stores, discount stores, SSM, and convenience stores. Altogether, 20 specialists were interviewed in their respective sectors or retail formats. Finally, the project team surveyed a sample of 1,300 consumers nationwide on 50 distribution terms mainly used by consumers, including those about awareness, understanding, usage, and attitude. Results - In total, 1,249 terms are drawn through literature research including distribution terminology used in the related literature, glossary and lexicons, distribution terminology in textbooks, and legal terminology. A classified table comprises four large categories including general distribution, distribution marketing, distribution information, and merchandise. The results of the three-step research including literature survey, field survey of retailers, and consumer survey were advised to be screened by academia (retail associations, faculty etc.), retailers (major retail management by store format), retail specialists and consultants, consumers, and Korean linguists. In total, 1,300 questionnaires for 50 terms of the distribution terminology closely associated with consumers were distributed to subjects nationwide. Conclusions - The desired and expected results from this study are summarized from three perspectives as follows: First, from retailers' perspective, a new concept, or coinage of new terms of the distribution industry stems from advanced countries such as America and Europe. However, the original meaning and definition are diluted and distorted with changes in the language users' situations and context. This study provides basic guidelines for standardization of distribution terms used among various retail formats in most daily life situations that consumers encounter. Second, from the nation's perspective, this study suggests optimal choices of distribution terminology in the context of laws and ordinances regarding concerned Ministries. Last, from the consumers' perspective, this paper enables consumers to understand and use distribution terms properly in their daily life.

• Journal of the Korean Society of Food Science and Nutrition
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• v.28 no.4
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• pp.948-953
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• 1999

The objective of this study was to contribute to the enhancement of food labeling and the development of food labels which are more informative to consumers. The questionnaires had been collected from adult female consumers living in Seoul, Kyonggi, Choongnam and Chungbuk province. Out of 950 answers collected 792 were analyzed. Ninety two percent of respondents were aware of food labels, however only 67.6% of them knew about the fact that food labeling was regulated by the law. Respondents recognized the major purpose of food labeling as informing and protecting the consumer. Most of the respondents answered that they confirmed the contents of food labels at the time of purchase especially with regard to safety aspects, such as expiration on data and manufacture date. Eighty four percent of the respon dents showed confidence in the contents of food labels.The rests answered they were hot confident because they experienced directly, or indirectly discord of food contents in fact and in label.

• Journal of the Korea Organic Resources Recycling Association
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• v.10 no.1
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• pp.128-138
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• 2002

Waste recyling is a very important concept with waste minimization in the waste managment. Especially, recycling waste from the point of environmental and economical view is useful. The recycling part of package waste needs to continuously grow. But, cosmetic container, which is continuosly increased as waste. The difficulty of waste treatment in cosmetic industy produces complicated environment problem. Cosmetic container is difficult to recycle because it mostly made of complex material. Also, cosmetic container is difficult to separate I source and thus usually are generated mixed waste. In this study we performed an analysis on the Recycling Improvement method of a Cosmetic Container The result of this study could be summarized as follows 1) As a part of law and a system improvement, must be achieved Improvement Cosmetic law, Deposit refund system. and charge system, Technology development for recycling of a cosmetic container, Extension of refill productions, Recovery system establishment of a cosmetic container and inducement of a maker's recycling paticipation. 2) As a part of a cosmetic container design improvement, must be achieved simplification and standardize of container's cuality, Cosmetic life cycle extension, Selection of recycling materials and Cosr reduction of a cosmetic container. In conclusion, To the recycling improvement of a cosmetic container, must be achived collective development of system improvement, participation of the government and company and a consumer's recycling consciousness. Most of all, A company need to try to recycling container development of a cosmetic container.