• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.20
• /
• pp.83-112
• /
• 2003

This study primarily concerns the Sale and Supply of Goods to Consumers Regulations 2002, focusing on the newly amended rules of the Sale of Goods Act(1979). It describes and analyzes the provisions of Regulations 2002 in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It also attempts to compare the rules of Regulations 2002 with those of CISG and to evaluate them in light of the discipline of Law and Economics the basic question of which is whether a solution from one jurisdiction may enhence 'efficiency', serving the goal of reducing negotiation costs through providing a set of default terms, and through imposing an efficient solution which may assist value maximizing exchange where disputes arise.

• STI Policy Review
• /
• v.8 no.1
• /
• pp.87-112
• /
• 2017

This study analyzes patenting practices in the pharmaceutical industry and the impacts of sequential innovation. The main argument of the research is that strategic patenting is common in the pharmaceutical sector and it is legal within the context of patent law. However, when these practices have negative effects on the competition process post-grant, the practices that are legal under patent law may come into conflict with antitrust laws, which are not applied. The study brings into question whether sequential patenting practices characteristic of the pharmaceutical industry encourage or discourage innovation, and moreover, the overall functionality of the patent system. Ultimately, the functionality of the patent system creates market incentives that neglect consumer, i.e., patient, welfare; potential solutions to deal with the shortcomings are discussed.

• Journal of Fashion Business
• /
• v.24 no.4
• /
• pp.85-98
• /
• 2020

The Internet of Things (IoT) shopping environment can provide benefits and risks to consumers, including shopping convenience and invasion of consumer rights, respectively. We experimentally tested whether exposure to information regarding the benefits and risks of IoT shopping would elicit changes to consumer perceptions of the importance of shopping convenience and rights to information, as well as shopping intention among young online shopping consumers. The participants (N=218) were randomly assigned into one of two experimental conditions. The control group was exposed to a news article and a video emphasizing the shopping convenience of the Amazon Dash Button service, while the experimental group was exposed to the same news article and video provided to the control group, along with a news article about the judgment of the Munich court that the Dash Button violates German consumer law. We found an interaction effect of experimental condition and time on changes to the perceived importance of shopping convenience and shopping intention. The changes to the perceived relative importance of shopping convenience to consumer rights to information from pre- to post-manipulation differed significantly between the two experimental groups. The results of this study emphasize the importance of providing information on both the benefits and risks of IoT shopping. This was the first experimental study to examine the possibility of the invasion of consumer rights to information in the IoT shopping environment. This study urges researchers, marketers, and policy makers to focus more on consumer rights to information in the newly coming IoT shopping environment.

• Korean Business Review
• /
• v.13
• /
• pp.207-221
• /
• 2000

In this era of changing system, we may learn lesson from newly developed Uniform Electronic Transation Act(UETA) in 1999. Korea has its counterpart as the Basic Electronic Transaction Act and Electronic Signature Act made by 1999. While UETA stresses on transaction law between individuals, that of Korean stresses on the role of government in electronic transaction. Both laws have the common definitions as electronic record, electronic signature, however, UETA has its own definitions such as automated transaction, computer program, electronic agent, information, information processing system, and security procedure. Especially, transferable record in section 16 is one of the most unique concept which Korean law does not provide. Korean government is planning to introduce electronic note in the near future, which will make unprecedented reform in Korean financial industry. Since Korean law does not have such a concept as electronic note, revision of the law is expected soon. Korean law has its specialty which puts stress on cyber mall, authentication agency, and consumer protection. In U.S., the interpretation of law by court is important when they have disputes according to common law traditon. Studies on cases on disputes in U.S. is needed most for Korean application.

• Human Ecology Research
• /
• v.53 no.6
• /
• pp.655-665
• /
• 2015

This study classified respondents by food-lifestyle and investigated differences in diet-related attitudes and demographic variables among food-lifestyle groups. Diet-related attitudes consisted of variables such as interest in diet, trial number of diet, diet period, weight loss, diet motivation, verification of products approved by the Ministry of Food and Drug Safety, verification of manufacturer's reliability, examination of damage cases and side effects, and awareness of consumer protection law. This study administered a questionnaire survey to adults between the ages of 20 and 39 who lived in Daegu and Uijeongbu from November 17th to December 14th 2014. Data collected from 293 respondents were analyzed using descriptive statistics, factor analyses, cluster analysis, analysis of variance (ANOVA) and chi-square tests. Four clusters (passive eating habit group, active eating habit group, convenience oriented group, and taste and health oriented group) were developed according to four factors of food-lifestyle (health-conscious, popularity-seeking, taste-seeking, convenience-seeking). The results of the ANOVA and chi-square tests indicated significant differences in interest in diet, awareness of consumer protection law, verification of products approved by the Ministry of Food and Drug Safety, verification of manufacturer's reliability, examination of damage cases and side effects, gender, education levels and household monthly income levels among food-lifestyle groups.

• Journal of Arbitration Studies
• /
• v.31 no.4
• /
• pp.137-160
• /
• 2021

The customized cosmetics preparation management qualification system was implemented in March 2020, and it served to create jobs by developing professionals and vitalizing the cosmetics business. However, various problems such as high examination fees, suitability of questions, and utilization in industries are emerging. This paper attempts to prevent disputes that the system can cause and suggest ways to improve it by researching customized cosmetics, the industry status, and comparing foreign cosmetics laws. There is a kind of opinion that laws should be eased for this industry and the other opinion that expertise is necessary in this field because of safety. The system now has adverse effects due to a failure to adjust the difficulty of the exam. Cosmetics are not prescription-based, so they are routinely used. However, some toxic ingredients can cause side effects if they do not conform with certain standards. Also, it is difficult for a case to lead to lawsuits because most consumer damages related to cosmetics are individual. In addition, as e-commerce develops, there is a growing possibility of seeing more consumer damages. If safety and distribution issues, which experts are concerned about, escalate, the private dispute settlement system (among the ADR systems) should be activated as a resolution method.

• The Korean Society of Law and Medicine
• /
• v.16 no.2
• /
• pp.227-261
• /
• 2015

Cooperative associations are established in order to enhance the rights and the interests of their members and serve the local communities, and actually do much for the local society. And among these, consumer cooperatives are spontaneously founded, particularly in the spirit of mutual help, in order to promote the common welfare of the members. Meanwhile, because the current medical law qualifys noncommercial corporation to open medical institution, consumer cooperative and noncommercial- corporation cooperative which are established under the Cooperative Act have the right to do. However, though cooperative association should be founded for common interests of the members who are weaker parties of society, it became rapidly to be abused as means of circumvention of law. Especially as National Health Insurance Corporation stepped up the investigation and the collection of unfair profits against the hospital owned by non-medical personnel who are unable to establish a medical institution, setting up medical institutions as a roundabout way to avoid the restricts dramatically increased in number. In this study, we are going to introduce the current dualised normative system regulating the establishment of a medical cooperative association, and find a way to improve the system and make up for the week points. And we will look though the present situation about medical cooperative association's opening, operating, and closing, and review the normative and systematic improving plans.

• Journal of Distribution Science
• /
• v.13 no.2
• /
• pp.35-44
• /
• 2015

Purpose - In this study, corporate social responsibility activities as perceived by customers visiting super-centers and the influence of the authenticity of such social responsibility activities on trust have been examined while attempting to verify how trust would influence consumers' attitude and purchase intention. Research design, data, and methodology - For data collection, a questionnaire survey has been conducted on 200 consumers who would visit super-centers, and 161 effective samples have been used for the final analysis. Methodologies such as Cronbach's α, factor analysis, correlation analysis, and structural equation modeling were used. Results - Among corporate social responsibility activities, legal responsibility in particular has turned out to influence consumers rather greatly. Thus, law observance has turned out to be a necessity rather than merely an economic or ethical responsibility; as for trust, trust in the product has turned out to exert more influence on consumers than trust in the enterprise. Conclusions - Corporate social responsibility activities can mean that the complete fulfillment of natural and proper corporate responsibility will secure consumer trust, thus influencing consumer attitude and purchase intention positively.

• Journal of Arbitration Studies
• /
• v.24 no.2
• /
• pp.53-80
• /
• 2014

This article focuses on the Active Plan for Alternative Dispute Resolution(ADR) in financial Dispute. The financial consumers of Korea had suffered greatly from the IMF in 1997 and the global financial crisis in 2008, which also increased financial conflicts significantly. In particular, active financial transaction, due to the development of computer and financial techniques causes frequent consumer financial conflicts. It is beneficial to settle them for judicial economy through an alternative conflict arbitration system instead of lawsuit at the court. Many advanced countries settle financial conflicts through various ADR in their numerous financial conflicts. In the settlement of financial conflict, the ADR system, covering mediation and arbitration, is useful and appropriate. Each governmental institution has various conflict settlement organizations, and it is necessary to operate them effectively. In order to settle financial conflicts properly, it is necessary to study law on financial consumer protection, and it is also necessary to understand practical custom and practical knowledge and to systematize them. Further, it is important to manage financial conflict-related data, to accumulate professional experiences, and to prepare a financial conflict settlement system in order to introduce financial education earlier to the whole nation.

• The Korean Society of Law and Medicine
• /
• v.7 no.2
• /
• pp.271-310
• /
• 2006

In the situation of bringing out of social problem about the medical accident and medical dispute, from 1988 the enactment activity for a legislative bill on conciliation of dispute has promoted, a legislative bill on prevention and relief of medical accident was again proposed in December, 2005. This bill has been faced rough going in review process of National Assembly. Because the purpose of this legislative bill is the conciliation of interest of between medical service consumer and medical service supplier, an item of issues of law is no-fault compensation scheme. However, as no-fault compensation scheme runs counter to the principle liability with fault in our civil law, as expected, whether the inducement is valid or, if induced, the problem is not must be totally reviewed. First of all, the general of principle liability without fault and especially the medical system in foreign countries are reviewed, by reviewing an issue and the pros and cons of the inducement of no-fault compensation scheme, this article draws the conclusion. After all, considering that the necessity adapting Gefahrdungschftung in medical accident as much as other industrial fields exists, the many provisions of the principle liability without fault exists in civil law and special law of our law system, and no-fault compensation scheme let legislative purpose be, to what extent, achieved by conciliating patient and doctor, the inducement of principle liability without fault in medical field is reasonable in the aspect of politic and legal system.