• 제목/요약/키워드: Consumer protect

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소비자중재합의의 미국계약법상 항변 (The U.S. Contract Law Defenses in Consumer Arbitration Agreement)

  • 하충룡
    • 한국중재학회지:중재연구
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    • 제20권2호
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    • pp.151-171
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    • 2010
  • This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

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살충제 달걀 파동에 대한 소비자의 행동변화에서 보호동기이론의 적용 가능성 검토 (Investigation of the Possibility of Applying Protection Motivation Theory in Consumers' Changes by Fipronil Egg Contamination)

  • 윤현주;이지혜
    • 대한영양사협회학술지
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    • 제26권4호
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    • pp.278-288
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    • 2020
  • This study examined the effects of response-facilitating factors(Food-related Knowledge, Response-Efficacy, and Self-Efficacy) and response-inhibiting factors(Severity, Vulnerability, and Consumer Stress) on the consumer' behavior intention based on protection motivation theory, which explains the behavioral change to protect oneself. This study was conducted to reduce the customers' concerns regarding food safety accidents and introduce ways to make them more interested in food safety. A sample of 225 adults over 19 years of age was collected in February 2018 through a self-administered questionnaire. The results of the cognitive mediation process of protective motivation theory showed that the consumers' knowledge and self-efficacy which are response-facilitating factors, positively influence the behavioral intention. Severity and consumer stress were response-inhibiting factors. On the other hand, response-efficacy, which is a response-facilitating factor, and vulnerability, which is a response-inhibiting factor, did not influence the behavioral intention. Therefore, severity and consumer stress are response-inhibiting factors. The results were analyzed as a result of a behavioral change to protect oneself from food safety accidents. The applicability of the theory of protection motivation on the topic of food safety was also confirmed.

청약철회기간 및 상품수령통지기간의 적용 개선 방안 - 전자상거래등에서의 소비자보호에 관한 법률 - (Improvement Applied Cooling Off Period and A received Commodity Notice Period - the law related electronic commerce to protect customers' rights -)

  • 채훈;경문수
    • 통상정보연구
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    • 제10권3호
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    • pp.75-99
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    • 2008
  • In the commercial transaction sellers use various sales strategies to increase profits, and this kind of sales strategies often causes damage to customers, it, moreover, is true that these examples happen in the electronic commercial market much more than in traditional one because of the characteristics if the electronic commerce. That's why people transact one another without face-to-face meeting in the electronic commerce market, so people one likely to fall for a trick to cheat and deceive. It's no doubt that the frequency of crime is higher than in face-to-face market. For that reason Cooling Off System, Consumer Compensation Insurance, Mutual Aid Association and Billing Payment Deposit System are in force the law related electronic commerce to protect customers' rights. In this paper it will be discussed about the periods of Cooling Off System and a received commodity notice of the Billing Payment Deposit System. Regarding these periods seven days for Cooling Off period and three days for a received commodity notice period are stipulated under the law of related electronic commerce to protect customers' rights, But each period has to be differentiated depending on each goods for this period to be reasonable and proper. Therefore in this study it will be focused on these facts and each period will be classified by the goods' purpose of purchase and quality.

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방문요양서비스의 소비자만족도에 미치는 영향요인에 관한 연구: SERVQUAL 모형에 근거한 서비스품질 평가요인을 중심으로 (The Effects of Consumer Satisfaction on the Home Help Service: Focused on a Service Quality Evaluation based on SERVQUAL)

  • 이현진
    • 대한가정학회지
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    • 제49권7호
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    • pp.1-11
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    • 2011
  • This study identified the use types of a home help service and the level of service quality and reviewed the extent of their effects on consumer satisfaction. As a result of measuring the service quality in terms of support, assurance, reliability, empathy and responsiveness, a high overall reliability was demonstrated in the service. The consumer satisfaction with the home help service was discovered as being high, in general. Meanwhile, with the female research participants, the lower the service fee was perceived to be, the higher the consumer satisfaction. The quality assessment items concerning support and reliability were found to be important variables which were influential on consumer satisfaction. Therefore, it has been shown to be imperative to prepare political alternatives regarding the development of the service standard in order to protect user's rights, offer relevant information, and ensure reliability in the home help service.

전자상거래하에서의 전자서명의 보안성에 관한 연구 (A Study on the Transaction Security of Electronic Signature in the Electronic Commerce)

  • 전순환
    • 정보학연구
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    • 제1권2호
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    • pp.229-244
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    • 1998
  • 전자문서 전자영수증 대금결제 서명 및 상호인증 등 전자상거래의 거의 모든 영역에서 사용되고 있는 전자서명의 경우에는 특히, 거래 상대방을 확인할 수 있는 확인 절차와 더불어 안전하고 신뢰성 있는 보안시스템의 구축을 위한 암호화가 필요하게 된다. 따라서 전자서명의 일반적 고찰과 관련하여 각국에서 제정되고 있는 법규는 물론 전자서명에 따른 보안문제를 고찰하고자 한다.

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국제 전자상거래 변화에 따른 중재활용방안 (A Study on the Utilization of Arbitration in the Change of International E-commerce)

  • 김은빈;하충룡
    • 한국중재학회지:중재연구
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    • 제33권4호
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    • pp.69-87
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    • 2023
  • This study recognizes that consumers are becoming important as a subject of commerce as they change from the existing e-commerce market to the consumer-led e-commerce market, and proposes the use of consumer intervention as a remedy for consumer damage in international e-commerce disputes. In Korea, there is no separate regulation on consumer arbitration, so we will analyze the U.S. arbitration judgment, which is the most active in consumer arbitration, and examine it through the U.S. arbitration judgment so that arbitration can become active as a remedy for consumer disputes in Korea. In summary, in the event of a dispute between consumers and companies through e-commerce, consumers' preference for arbitration was confirmed through repeated collection of opinions without coercion. It is necessary to revitalize arbitration in Korea to protect consumers through arbitration rather than litigation and to resolve disputes through active alternative dispute resolution as a solution to disputes in e-commerce, which is rapidly increasing through U.S. consumer arbitration cases. The topic of the activation of arbitration has been mentioned a lot before, but the preference for arbitration is still lower than that of litigation. However, from now on, as the appearance of existing commerce has changed to consumer-led e-commerce, it has proposed a plan to use arbitration to rescue consumers from damage as consumers as buyers grow in the market.

소비자중재조항과 집단중재(Class Arbitration)에 관한 미국법원의 판결동향 (A U.S. Courts Case Study on Arbitration Clause and Class Arbitration Among Consumers)

  • 한나희;하충룡;강예림
    • 한국중재학회지:중재연구
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    • 제28권2호
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    • pp.91-110
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    • 2018
  • Consumers repeatedly make small sum purchases through business-to-consumer contracts, usually without incident. Consumer areas have been increasing; therefore, consumer disputes have been occurring frequently as well. In international consumer transactions, it is not easy to solve consumer disputes by applying the laws of different countries. Resolving disputes by using the consumer arbitration system can be a measure to protect consumers. In the U.S., a class arbitration is being operated as a mixed dispute resolution system of class action and arbitration. Consumer Arbitration has long been a controversial issue in the U.S. It is therefore a lesson for us to examine related cases. A recent U.S. Supreme Court decision, DIRECTV v. Imburgia, was looked into and after a summary of the facts, issues, and opinions and opposing opinions that had a tight controversy, a close analysis was done. The analysis through this judgment is as follows: first, the contraction of consumer protection; second, the expansion of the Federal Arbitration Act scope; third, the class arbitration's restriction; and fourth, the submission of the arbitration fairness act.

민간 소비자단체의 자율분쟁조정 활성화방안 (A Study on the Activity Improvement Plan for Consumer ADR of Non-Government Consumer Organization)

  • 김유진;김시월
    • 가정과삶의질연구
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    • 제25권4호
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    • pp.197-216
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    • 2007
  • The Purpose of this research is to perform survey on employees of Non-Government Consumer Organization and interview with ADR personnel from Korean Consumer Protection Board to have thorough grasp of problems among consumer ADR. Also come up with plan that will activate Non-Government Consumer organization ADR. Result of this research states following remarks as solution First, consumers from Seoul and Gyeonggi area is the only people who use ADR in Non-Government Consumer organization, so other local governments need to concentrate on consumers from rural area to take advantage of the service. Second, low activity of ADR and legal procedure support compare to other services provide from Non-Government Consumer organization. Third, statistic shows that employees from Non-Government Consumer organization recognize importance of consumer's ADR and government's support as well as enforcement of law. Forth, the preparation of Consumer ADR in Non-Government Consumer organization, selecting committee is the most important procedures are reinforce human resource, improvement of organization structure. Fifty, order to establish Consumer ADR in Non-Government Consumer organization, recruit professional manpower is the priority and financial support is also important. All these result would help improve the activity of ADR in Non-Government Consumer organization, which will lead the organization to be more professionalize, globalize and able to segment the market. Further more, Non-Government Consumer organization would develop better ways to take itself to another level to provide better service. Also, create an institution that will help consumer's dispute and legal procedure. It will prevent future victims and protect consumer's right.

일본의 소비자운동, 소비자정책, 소비자지향적 경영에 관한 소고 (Consumer Movements, Consumer Policies, and Firms' Policies for Consumer Satisfaction in Japan)

  • 허경옥
    • 대한가정학회지
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    • 제36권3호
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    • pp.173-190
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    • 1998
  • This study reviewed both consumer movement and consumer policy of government in Japan. Their evolution since the Second World War will be reviewed and compared multiple periods, after the Second World war till the late 1960s, the period of the 1970s, the period after 1980s. In addition, firms' consumer satisfaction policies were briefly reviewed in order to fully understand consumer protection activities in japan. This study found four major characteristics of consumer protection activities led by both voluntary consumer organizations and government. First, consumer protection policy of government in Japan after the late 1960s was more active than that of consumer movement by consumer organizations. Second, major concerns for consumer protection were variant over time. The major goal in the first stage of period(during the 1960s) was to protect consumer safety from defective and dangerous goods and services, whereas the goal after the late 1970s was extended to cover various areas concerning the quality of life. Those areas refer to the quality of services, the way of sales and marketing, pollution of environment, and the quality of consuming life. Third, this study found that computer networks, aiming at collecting and analyzing the very useful to improve the consuming life of Japanese by providing sufficient consumer information to encourge rational choices of consumers. Forth, a close cooperation between the central and local administrations was crucial for the successful outcome In Japan This paper gives us useful guideline regarding how to improve consumer movement and govemments' policies for protecting consumer in Korea. In addition, other lessons on successful consumer satisfaction policies of Japanese firms may enable Korean firms to shape effective consumer policies of enhancing their competitiveness.

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