• 제목/요약/키워드: Consumer protect

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소비자중재합의에서의 'VKI 법리'에 대한 고찰 (The VKI Doctrine in Consumer Arbitration Agreements)

  • 하충룡
    • 한국중재학회지:중재연구
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    • 제21권3호
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    • pp.165-187
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    • 2011
  • This paper investigates on the legal doctrine of "voluntary, knowing, and intelligent" (VKI Doctrine). The main points that were discussed include the history of the VKI doctrine and the US courts' attitudes toward the doctrine. It was also discussed how the VKI doctrine influenced the protection of consumer who agreed to arbitrate with businesses. The US courts' attitudes have shown to be split in application of the VKI doctrine to disputes in the enforceability of arbitration agreement between the consumers and the businesses. In order for the arbitration agreement to be invalidated, the state legislature cannot enact law that are directly targeted toward the validity of arbitration agreement. Rather the contract law in each of the state should be applied to the evaluation of the validity of an arbitration agreement. As the more and more consumers become familiar with the arbitration, the need for the VKI doctrine to protect the individual consumers in arbitration is expected to be diminished in future disputes.

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인터넷 쇼핑몰 불만족 요인이 불평행동과 중재제도 이용의도에 미치는 영향에 관한 연구 (A Study on the Effects of Internet Shopping Mall Dissatisfaction Factors on Complaint Behavior and Intention to Use Arbitration System)

  • 이재학;박철희
    • 한국중재학회지:중재연구
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    • 제30권2호
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    • pp.145-164
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    • 2020
  • With the development of the Internet, e-commerce is rapidly developing, and e-commerce through the Internet has become a major distribution channel for selling products and services to consumers and buyers. However, as Internet shopping develops, consumer dissatisfaction and conflict are increasing. In this regard, this study examined how consumer dissatisfaction caused by using an Internet shopping mall, which is currently taking the core position in commerce activities, leads to consumer complaints, and how these complaints affect the necessity and intention to use the arbitration system. As a result of the study, the following implications were obtained. First, it will be necessary to remove the root cause of consumer complaints by continuously monitoring consumer complaints, rather than staying at passive consumer complaints such as defective product exchange and damage compensation for dissatisfaction with Internet shopping malls. Second, it can be said that the function of the arbitration system is required to protect the rights and interests of consumers using the Internet shopping mall and to actively improve the problems in the event of a damage situation or a problem situation. Lastly, academia's continuous research will be needed, and governments and related organizations will need to continuously provide and promote information to users of Internet shopping malls.

B2C 전자상거래 분쟁예방을 위한 소비자보호시스템 연구 (A study on a consumer protection system to prevent B2C electronic commerce disputes)

  • 김기홍;김동철
    • 한국중재학회지:중재연구
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    • 제27권2호
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    • pp.107-119
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    • 2017
  • In the process of online trading, many unexpected conflicts may occur. The consumer wishes to perform transactions with a seller by trusting the seller's listings, but there are times when even major companies such as Kakao edit their original listings. When the seller edits their listing, it is extremely difficult for the consumer to prove and deal with the problem. If they don't deal with them carefully they may be accused of denigration. This study proposes a consumer protection system to resolve this problem. In case a problem occurs, proof that the original listing was edited can be submitted to a judge in court by using this system, thus preventing these types of problems from happening. If this system is installed, both the seller and consumer know that the terms of contract cannot be falsely changed to the advantage of either side, so the source of the problem can be prevented. This study analyzes the reasons behind the conflicts and presents a systematic way of preventing the problem. This method does not present a financial burden, and provides a way for transactions to be held based on trust for the seller and consumer.

소셜커머스와 소비자 보호 정책방안 연구 (Social Commerce and Consumer Protection Policies)

  • 유승엽
    • 디지털융복합연구
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    • 제10권7호
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    • pp.31-40
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    • 2012
  • 본 연구는 소셜커머스의 발전에 따른 운영상의 문제점을 제시하고 소비자 보호정책 방안을 제시하고자하는 목적에서 이루어졌다. 이를 위해 먼저, 소셜커머스의 개념을 살펴보고, 국내외 소셜커머스의 대표적인 유형을 살펴보았다. 또한, 소셜커머스 업체의 운영에 통해 발생한 문제점을 알아보았다. 이러한 소셜커머스 업체의 운영에 따른 문제점을 개선하는 방안으로 소비자의 보호정책 방안을 제시하였다. 궁극적으로 본 연구결과는 새로운 상거래의 형태인 소셜커머스에서 소비자를 보호할 최선의 방안을 찾고자 하였다. 이러한 연구결과는 향후 소셜커머스의 소비자 보호정책을 마련하는데 토대를 제공할 것이다.

통신판매중개사이트 거래에서의 소비자피해 구제 방법에 대한 고찰 (A Study on the Methods to Remedy Consumer Damages Occurring from Transactions through Mail Order Sales Mediating Sites)

  • 윤창술
    • 디지털융복합연구
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    • 제5권2호
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    • pp.99-108
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    • 2007
  • As the transaction using mail order sales mediating sites such as Auction rapidly increase, consumer damages are also increasing. Therefore, in this study, the methods to remedy consumer damages occurring from transactions through mail order sales mediating sites such as the Payment Deposit System, the systems to resolve disputes without any litigation and the systems in relation to the Consumer Basic Act have been examined and measures to improve the systems have been groped. For the transactions using mail order sales intermediating sites, it is necessary to impose more responsibility on mail order sales mediators although the responsibility may not be required to be at the level of mail order sellers such as internet shopping malls. Therefore, institutional supports are necessary to effectively protect consumers in the transactions using mail order sales mediating sites and to induce damaged consumers to actively file claims for compensations. In relation to this, the Collective Dispute Mediation System and the Consumer Group Litigation System under the Consumer Basic Act may become good examples. The consumers who have been subject to the same or similar damages in the transactions using mail order sales mediating sites should also be allowed to participate in the Collective Dispute Mediation under the Consumer Basic Act or actively utilize the Consumer Group Litigation System. Also, it is desirable to reflect these systems on 'the Act on Consumer Protection in E-Commerce etc' so that these systems can also be directly applied to the transactions using mail order sales mediating sites.

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Health and Nutrition Messages in the Baby Food Advertisements of Women's Magazines

  • Kim, Ki-Nam
    • Journal of Community Nutrition
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    • 제5권3호
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    • pp.178-185
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    • 2003
  • Content analysis of food advertisements was undertaken to investigate the nature of the messages related to health, nutrition or consumer-promotion in 2001 women's magazines. Advertisements on baby foods were collected from three women's magazines and the final samples obtained were 42 different copies of advertisements. All the messages in each sample were counted and calculated for their frequency (%). Messages were categorized into four areas (health, nutrition, non-nutrition, consumer promotion), and each area was classified into more detailed categories. Results showed that all the messages in 42 samples and average messages per advertisement were 1288 and 30.7, respectively. The most common type of promotional messages was health related (e.g., appeal to enhanced immune function and disease prevention and brain development), followed by consumer related, nutrition and non-nutrition messages in order. Messages about high quality and all natural ingredients were more emphasized in the consumer related category. Messages on fats (DHA, lecithin and arachidonic acid), proteins (neucleotides, taurine) and mineral (calcium, iron) were most frequently found in nutrition category. Amongst the three kinds of baby foods, formula ads had the most numerous messages related to health and nutrition. There were more consumer related messages in the ads of weaning foods, and more promotional messages about no addition of antiseptic, artificial additives, and food colors in the ads for older infant foods. Messages violating regulation (e.g., exaggerated or inaccurate or non-scientific messages) were frequently found in the advertisements of three kinds of baby foods. In conclusion, tighter supervision of food advertisements and nutrition education is required to protect the consumers from misleading advertisements.

유기농업 발전방향과 CSA운동의 지역주민 참여방안에 대한 조사 연구(I) (Participation of Community and Citizen for CSA Movement and Development of Organic Agriculture(I))

  • 정진영;손상목;김영호
    • 한국유기농업학회지
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    • 제9권2호
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    • pp.1-23
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    • 2001
  • It was supposed that CSA could be one of the best way to promote the movement of organic agriculture since there is little reliability on the organically grown food by consumer. In the replies submitted to a questionnaire to farmer and consumer, both group responded that the need of development of cultivation technique for organic farming and the permitted substances for organic farming and production. Both of them also replied that it is necessary to establish the lectures or division/department for organic agriculture in the agricultural education program of University. Their response to CSA was so much positive that they are willing to participate the CSA farm as a active CSA farmers or consumers. Based on the evaluation of questionnaire survey, it was suggested to do the utmost efforts that farmer preferentially practice an organic farming , md consumer consciously buy an organic food to protect an ecosystem and environment pollution.

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Preliminary Evaluation of the Activity Concentration Limits for Consumer Goods Containing NORM

  • Jang, Mee;Chung, Kun Ho;Ji, Young Yong;Lim, Jong Myung;Kang, Mun Ja;Choi, Guen Sik
    • Journal of Radiation Protection and Research
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    • 제41권2호
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    • pp.101-104
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    • 2016
  • Background: To protect the public from natural radioactive materials, the 'Act on safety control of radioactive rays around living environment" was established in Korea. There is an annual effective dose limit of 1 mSv for products, but the activity concentration limit for products is not established yet. Materials and Methods: To suggest the activity concentration limits for consumer goods containing NORM, in this research, we assumed the "small room model" surrounding the ICRP reference phantom to simulate the consumer goods in contact with the human bodies. Using the Monte Carlo code MCNPX, we evaluate the effective dose rate for the ICRP reference phantom in a small room with dimension of phantom size and derived the activity concentration limit for consumer goods. Results and Discussion: The consumer goods have about 1600, 1200 and $19000Bq{\cdot}kg^{-1}$ for $^{226}Ra$, $^{232}Th$ and $^{40}K$, and the activity concentration limits are about six times comparing with the values of building materials. We applied the index to real samples, though we did not consider radioactivity of $^{40}K$, indexes of the some samples are more than 6. However, this index concept using small room model is very conservative, for the consumer goods over than index 6, it is necessary to reevaluate the absorbed dose considering real usage scenario and material characteristics. Conclusion: In this research, we derived activity concentration limits for consumer goods in contact with bodies and the results can be used as preliminary screening tool for consumer goods as index concept.

청소노동자 화학물질 노출 관리의 제도적 한계 고찰 - 물질안전보건자료 작성·제출 제외 조항을 중심으로 (A Study on the Institutional Limitations of Chemical Exposure Control for Cleaning Workers - Focusing on the Exclusion of Preparation and Submission of Material Safety Data Sheets)

  • 신새미;기노성;이혜민;김동현;위서현;변상훈
    • 한국산업보건학회지
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    • 제32권1호
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    • pp.41-52
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    • 2022
  • Objectives: This study intends to review the impact on cleaning workers and suggest directions for improvement by reviewing the legal and institutional ways in which Article 86 Nos. 7 and 16 of the Enforcement Decree of the Occupational Safety and Health Act work on the maintenance and promotion of cleaning workers' health. Methods: The following laws and systems were reviewed and considered: First, the occupational safety and health legislation obligated or required to be applied to protect the health of cleaning workers; Second, the status of control of chemicals or mixtures used at cleaning sites through the Consumer Chemicals Product and Biocide Safety Control Act; Third, Control of consumer products according to foreign material safety data sheet related laws. Results: Legal and institutional measures necessary to protect the health of cleaning workers include the legal control of harmful substances to be controlled, work environment monitoring, and special health examinations. The application of the Consumer Chemicals Product and Biocide Safety Control Act does not satisfy the legal and practical level of health maintenance and promotion required by the Occupational Safety and Health Act, and the communication of chemical information is insufficient. Overseas, there are restrictions on the use of consumer products in the workplace without material safety data sheets. Conclusions: It is necessary to improve the system to ensure the health of workers handling consumer chemical products. The remaining laws and regulations exempted from the obligation to prepare material safety data sheets should be additionally reviewed.

화장품 전성분 표시정보에 대한 소비자태도 및 활용의도에 관한 연구: 여성소비자를 대상으로 (A Study on the Consumer's Attitude and Utilization Intention toward Full Ingredient Lists for Cosmetics: For Female Consumers)

  • 손동엽;이은희
    • Human Ecology Research
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    • 제51권5호
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    • pp.513-526
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    • 2013
  • In an effort to protect consumers' rights to information and to promote their freedom of choice, the South Korean government has been enforcing a policy called the cosmetics full ingredients list system since 2008, which requires cosmetics manufacturers to list all of the ingredients used in their products. This policy aims to assist consumers in identifying the causes of possible side effects of cosmetic products. This study uses consumers' demographic information addition to their cosmetics purchase and usage characteristics to learn about consumers' attitudes and utilization intentions and the influence of information from the cosmetics full ingredients list. This study was conducted through a questionnaire based survey administered to women above the age of 20 years across South Korea who use cosmetic products. The questionnaire was distributed to 300 members on the panel of M Brain, an online research institute. The findings of this study are as follows: (1) The level of knowledge on cosmetics' ingredients positively affected the consumers' attitude and utilization intention of information on the cosmetics full ingredients list. (2) The higher the utilization intention for information, the more often consumers checked the packaging of goods. This implies that habitual behavior, such as checking information, leads to increasing intention to utilize of new information. (3) The brand, as a decision-making factor, negatively affected consumers' attitudes regarding information.