• Title/Summary/Keyword: Consumer Law

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Bankruptcy Protection Law in US With Focus on The Bankruptcy Abuse Prevention And Consumer Act Of 2005

  • Alharthi, Saud Hamoud
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.215-219
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    • 2022
  • Bankruptcy is one of the major areas that have attracted the interest of many researchers in the American system, particularly in terms of the laws that oversee it. It provides a plan of reorganization that enables the debtor or the proprietor to discharge liabilities to the creditors through dividing the assets to settle debts. This activity is carried out under supervision to fairly protect the interests of the creditors. Bankruptcy protection systems are dynamic and complex in nature, in line with the economic sector, ensuring the protection of affected individuals from falling into huge losses. Some bankruptcy procedures give the debtor the opportunity to stay in operation or business activity and benefit from revenues until the debt is settled. This law allows some debtors to be relived from any financial burden after the distribution of assets, even if the debt is not paid in full. In light of the above information, this research paper seeks to explore the nature of the complexity of bankruptcy protection laws, their characteristics, and the justice system that regulate them. It also sheds more light on the decision-making powers on bankruptcy cases. There are specialized courts that cover bankruptcy cases located in district courts in every state.

An Empirical Study on the Determinants of e-Trust in Internet Shopping Mall -Focuse on Comparing Import Agency Service Mall with General Internet Shopping Mall- (인터넷쇼핑몰에서 e-Trust 결정요인에 관한 연구 - 수입대행몰과 일반쇼핑몰 비교를 중심으로 -)

  • Song, Sun-Yok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.423-453
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    • 2009
  • Import Agency Service Mall, which provide customers not only with convenient shopping experiences but also with purchasing, warehousing, shipping, and customs clearance services, have been playing a significant role in rapidly transforming Korean consumers into global consumers. The consumers' great demand for foreign goods(services) created Import Agency Service Mall(referred to hereafter as IASM) as a new business model of distribution and consumption, which seems to grow rapidly. Accordingly, this study examined the e-Trust by analyzing the characteristics of IASM, determinants of trust, risk perception and its association with e-Trust in IASM, and finally applying the result to general internet shopping mall(referred to hereafter as GISM). The following results came out from the analysis: First, from the result of checking these two types of internet shopping mall consumers have different determinants of trust. Second, from the question if two types perceive different risk, purchasing the foreign goods, it came out that they showed critical difference in variable relevant to goods delivery and customer service. IASM perceived risk from those two variables more than GISM Third, from the review of the relationships between determinants of trust and risk perception variables, IASM showed interrelation among all the variables except between customer service and perceived risk. Fourth, the researcher examined how the risk perceived in the course of purchasing goods has an effect on consumers e-Trust. In case of IASM, risk perception relevant to customer service had an effect on consumer e-Trust. To the contrary, incase of GISM, risk perception didn't have any effect on e-Trust. Finally, from the review of interrelation between determinants of trust and consumer e-Trust, it came out that for IASM capability had an effect on consumer e-Trust and for GISM consumer service had an effect on consumer e-Trust.

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A Study on Consumer Arbitration System by Empirical Analysis on Redemption for Consumer′s Claim (소비자피해구제 실태분석을 통한 소비자중재제도 도입방안 연구)

  • 김석철
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.207-239
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    • 2002
  • The redemption system for consumer's claim is intended to deal with the conflicts between consumers and firms in their transaction of goods and service ensuring consumer's basic right. In general, the redemption system for consumer's claim requires promptness of redemption, free charge of claim procedure for consumers and constructive response of firms. However, the current redemption system in Korea has some limitations in its authority in the sense that it has only the right for mediation of consultation and agreement and thus the involved consumer should forfeit his/her claim or should go to legal suit which requires high cost and time when the mediation work is failed between two parties. As it is shown in result of survey on empirical cases produced by the Consumer Dispute Mediation Committee in Consumer Protection Board of Korea in 2001, the 20.3% of total claims have failed to reach final mediation, while the BBB case in the U. S. has recorded 19% of arbitration success after its failure in mediation. Therefore, it is strongly recommended for Korea to augment current. arbitration system toward assuring firm's cost liability, the principle of quick procedure through agreement on arbitration upon consumer's request. It is thus prerequisite for firms to be armed with the concrete entrepreneurship of responsibility on cost liability. In conclusion, we suggest restructuring of currently existing institution, rather than establishing new one through substantial augmenting the role of Consumer Dispute Mediation Committee In Consumer Protection Board of Korea and enlarging its business criteria of The Korean Commercial Arbitration Board by progressive development of the consumer protection program through amendment of current law for consumer protection.

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A Study on the Characteristics of Credit Card Delinquents (신용카드 이용대금 연체집단의 특성에 관한 연구)

  • Park, Mi-Hee;Yeo, Jung-Sung
    • Journal of the Korean Home Economics Association
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    • v.43 no.2
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    • pp.191-202
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    • 2005
  • The purpose of this study was to identify the characteristics of late credit card bill payers. Data were collected through a questionnaire survey of 621 credit card users residing in five metropolitan cities including Seoul and Gyeonggi Province. The results indicated that credit card delinquents showed irrational behavior in managing the use of credit cards. That is, they unnecessarily subscribed for credit cards, used their credit cards without signature, or excessively used the credit cards regardless of their payment capability. From these study results, two recommendations were made : 1) consumer education on credit card use and credit management and 2) law revision on regulating credit card use.

The Impact of Social disaster by COVID-19 on Consumer Price Index: Focused on Culture, Sports and Tourism (COVID-19가 유발한 사회재난이 소비자물가지수에 미치는 영향: 문화체육관광분야를 중점으로)

  • Lee, Da-Hye;Chang, In-Hong
    • Journal of Integrative Natural Science
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    • v.14 no.3
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    • pp.130-138
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    • 2021
  • The outbreak of COVID-19 has had a huge impact on human life. The World Bank group (WBG) has stated that 2020 is the worst year since World War II for economic growth. An epidemic of an infectious disease such as COVID-19 is classified as a "social disaster" by law. The social disaster caused by COVID-19 puts certain industries, occupations and vulnerable groups at risk of exclusion and isolation. This paper intends to examine the fluctuations in the consumer price index in the cultural, sports and tourism sector before and after the onset of COVID-19. In addition, it predicts the consumer price index by sector until December 2021 and reveals its implications.

Building of PSMS in corporate of ISO 9000 certification (PL 대응체계 구축 방안)

  • Park, Jae-Heung;Hwang, Hee;Moon, Jae-Seung
    • Journal of Korean Society for Quality Management
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    • v.31 no.3
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    • pp.19-36
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    • 2003
  • The manager of manufacturing industry just not to have known what to do related to the law of product liability(PL) that was put into operation in July 1, 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. But the existing civil law has been having clause that compensation to be taken is limited. The law of PL is resolving this limitations and is characterized by the easy relief from damages of defective product. The decision in the case of Green-man has been a precedent since the court sentenced the manufacturer to liability. The law of PL has been in force in 27 countries, including all of the EU countries, Japan, Philippines and China. It has been shown that the corporations which meet the Global Standard, could survive in global competition. The economic effects by the law of PL are the increase of consumers relief production cost by the lawsuits. This paper will recommend more biref method that is able to cover PSMS by use of QMS. It will make domestic corporation improve in the plan, manufacture and sale of products to meet the Global Standard.

Main Trends for Reforming the Law of Insurance Contract in England - Focused on the Insured's Post-Contract Duty of Good Faith in relation to Claims - (영국 보험계약법의 주요 개혁동향 - 보험금청구와 관련한 피보험자의 계약체결 후 선의의무를 중심으로 -)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.207-229
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    • 2012
  • In IP 7 and LCCP 201, Law Commission considers the insured's duty of good faith after the formation of the contract. This article intends to review and analyse the legal implications of proposals in IP 7 and LCCP 201. The results of analysis are following. First, Law Commission propose to end the remedy of avoidance under MIA 1906 section 17, because avoidance of past claims is unprincipled, impractical and unnecessarily harsh. Secondly, LC proposes that an insured who makes a fraudulent claim should forfeit the whole claim which the fraud relates, but that the fraud should not invalidate previous and legitimate claims. Thirdly, LC proposes to introduce a statutory right for the insurer to claim damages for the reasonable, foreseeable costs of investigate a fraudulent claim in specific circumstances and that damages would be limited to those cases where the insurer can show an actual, net loss. Finally, LC provisionally propose that an express fraud clause should be upheld in business insurance, whereas in consumer insurance, any term which purports to give the insurer greater rights in relation to fraudulent claims that those set out in statute would be of no effect.

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A Study on a VoIP Phone Activation for the Special Consumer: Focused on the Deaf Market (특수시장 소비자를 위한 IP 기반의 VoIP Phone 활성화에 관한 연구: 청각장애인의 시장을 중심으로)

  • Park, Sun-Young
    • Korean Journal of Human Ecology
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    • v.15 no.6
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    • pp.961-971
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    • 2006
  • The purpose of this study was firstly to provide fundamental data on the activation for the IP-based video phone for the special consumer related to the physically handicapped; secondly to inform empirical data for the consumer public policy in the information technology market, specially for the deaf people. The results of study showed that consumer needs extend to not only simple voice communication for general consumers but also special demands for both the handicapped and the elderly. This study also indicated that VoIP's characteristics of technology would be easily applied to the TRS or VRS which can be adapted to the special consumer market so that VoIP service would be optimal technology for the special consumers like the deaf. In order to successfully implement TRS & VRS business, the paper proposed as follows; 1) the provision of VoIP service enable to satisfying consumers in special market such as the deaf market and the elderly market, 2) the necessity of supporting policy by the related law, and 3) the construction of the system inducing interests from the market participants.

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Arbitration Agreement through Standardized Terms and its Validity (약관을 통한 소비자중재합의와 그 유효성)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.111-132
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    • 2014
  • Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

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Critical Overview on Changes of Judicial Precedents in the Medical Cases of Korea - In Relation with Forms of Judgments and Damages - (우리나라 의료판례 변화에 대한 비판적 고찰 - 판결양식과 손해배상액을 중심으로 -)

  • Shin, Hyun Ho
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.83-122
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    • 2014
  • Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient's own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients' rights and to prevent recurring medical accidents and also contribute to medical advances.

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