• Title/Summary/Keyword: Korea Consumer Agency

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Improvement in the Medical Dispute Mediation System of Korea Consumer Agency (한국소비자원 의료분쟁 조정제도의 개선방안)

  • Jeon, Byong-nam
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.255-288
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    • 2015
  • It is desirable to prevent medical accidents because they bring about irretrievable outcomes to patients, as they are directly related to each patient's life, and health. However, once medical accidents occur, it is appropriate to resolve them quickly without conflict before the feelings of directly involved people are intensely confronted with each other. Korea Consumer Agency carries out medical dispute mediation to address such disputes quickly, fairly, and efficiently, and so does Korea Medical Dispute Mediation and Arbitration Agency. Although there has been constant debate on a merge between the two agencies because of duplicated work and consequent inefficiency, it is desirable to maintain the two agencies to ensure consumers' options and to promote the mutual development of the agencies through competition. Therefore, there should be legal and systematical support for Korea Consumer Agency to have fair competition with Korea Medical Dispute Mediation and Arbitration Agency. This is not for Korea Consumer Agency, but ultimately for consumers.

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A Study on Development of Conceptual Model in Consumer Product Safety Policy(CPSPcon) using the SSM approach (SSM을 활용한 공산품 안전정책분야의 개념모델(CPSPcon) 개발에 관한 연구)

  • Lee, Jun-Soo;Bea, Jin-Han;Kim, Hong-Won;Song, Jae-Bin
    • Journal of the Korea Safety Management & Science
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    • v.14 no.1
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    • pp.33-42
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    • 2012
  • This paper dealt with developing conceptual model for making public policy on consumer product safety. The matters of consumer safety, public health and environmental protection are essential parts of making policy for consumer products. Moreover, policy authority should consider all measures based on consumer safety. In the process making regulations, policy authority has to have some methods to prevent errors on treating eligible persons as persons disqualified under uncertainty decision making of public policy. To recognize and ensure fairness on public policy, policy authority needs to establish basic policy making and fundamental concepts. Therefore, we developed conceptual model for consumer products safety, CPSPcon in this paper. The conceptual model is one part of SSM(Soft System Methodology) and can support specific policy target. The CPSPcon model can assist in evaluation of responses to an adapting or considering model.

A Study on the Causes of Consumer Complaints towards Apparel Products -Based on Laboratory Test Cases- (의류제품의 소비자 불만원인에 대한 연구 -사고 의류제품 원인규명 시험의뢰 사례를 중심으로-)

  • Han, Eun Joo;Cho, Sung Kyo
    • Journal of the Korean Society of Clothing and Textiles
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    • v.37 no.7
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    • pp.864-873
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    • 2013
  • This study analyzed the correlation between the sources of the complaints and various factors such as gender, garment type, fabric type, textile material and washing methods for products. This survey utilized a total of 2,609 consumer apparel product complaint cases filed with the Korea Consumer Agency between 1997 and 2009. In regards to consumer liability: it was found that more incidents of failures due to carelessness were reported among men's clothes, knitted garments, cotton clothes, polyester clothes, wool blend clothes, pants, shirts, sportswear, and laundry only clothes. In regards to dry cleaner's liability: women's goods, woven clothes, silk clothes, cotton blend clothes, jackets, shirts and hanbok, and dry clean only clothes indicated problems more frequently. In regards to manufacture's liability: women's clothes, woven clothes, wool clothes, silk clothes, wool blend clothes, polyester blend clothes, formal dress clothes, jackets, hanbok, and dry clean only clothes indicated problems more frequently. This study provides consumers with information necessary to take preventive measures and basic information that can be utilized to improve the quality of production and services by understanding the sources of dissatisfaction, type of clothes found with problems, and the main causes of consumer complaints for garment products according to who is liable.

Review and Improvement of Alternative Medical Dispute Resolution Through Case Studies (사례연구를 통한 소송이외의 의료분쟁 해결방안의 검토와 개선방안)

  • Kang, Eui Sung;Kim, Jang Mook;Sung, Dong Hyo;Mok, Nam Hee
    • Korea Journal of Hospital Management
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    • v.18 no.3
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    • pp.106-125
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    • 2013
  • Medical litigation, as a method of resolving medical disputes, has been a huge burden on both the patient and medical institution as it is both costly and time-consuming. The Korea Medical Dispute Mediation and Arbitration Agency has created a dispute mediation process as a method of alternative dispute resolution(ADR). Being in its early stage of implementation, there are still areas requiring improvement as some functions overlap with the Korea Consumer Agency's damage redress and mediation process. This study examines the problems of existing practices in medical litigation while reviewing the mediation process of the two agencies from legal/administrative aspects, and provides an in-depth analysis of the situation through case studies and interviews. While the Korea Medical Dispute Mediation and Arbitration Agency offers many advantages in resolving medical disputes, there must be a distinct division of roles and mutual cooperation with the Korea Consumer Agency. Considering the increasing amount of compensation in medical disputes, medical professionals are being requested to carry medical malpractice insurance. However, this has yet to become a general trend in the medical field despite the growing social demand. As such, the coverage of medical malpractice insurance should be expanded to prevent medical accidents from escalating into medical disputes, thus acting as a social safety net. This study seeks to examine the methods of medical dispute resolution and to allow institutional provisions to reduce the social costs arising from such disputes.

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Status of Adverse Events Received by Korea Consumer Agency-Focusing on Harm Information from 2013 to 2017 (의료문제가 발생하여 한국소비자원에 접수된 안전사고의 현황: 2013-2017년 위해정보 중심)

  • Seok, Na-Yeong;Lee, Mi-Suk;Jeong, Hyon-Suk;Jeon, Mi-Yang
    • Journal of Digital Convergence
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    • v.18 no.3
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    • pp.287-298
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    • 2020
  • The purpose of this study was to identify the current situation of safety accident received by Korea Consumer Agency and to provide a basis for preparing measures to prevent safety accident. This study was a descriptive study that secondary analyzes 4934 safety accidents accident information received from Korea Consumer Agency from 2013 to 2017. In this study, safety accident occurred more frequently woman, between 50-59 years old, the cause of safety accident were adverse effect after medical procedure(42.4%), the place where safety accident occurred private hospital(28.6%), integumentary system(41.3%) where safety accident occurred, symptoms of safety accident caused other organ damage and pain(13.1%) occurred most frequently and characteristics of safety accident differed depending on place of safety accident. Based on the results of this study, it is suggested to established a surveillance system that can prevent safety accident in which medical problems occur.

The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

Time series analysis for the amount of medicine from the Korea Consumer Agency (한국 소비자원 의료분야 처리금액에 대한 시계열 분석)

  • Hee Song Kang;Sukhui Kwon;SungDuck Lee
    • The Korean Journal of Applied Statistics
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    • v.36 no.1
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    • pp.21-32
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    • 2023
  • The amount of money processed in medicine from the Korea Consumer Agency was studied by the various time series models. The medical data set from the Korea Consumer Agency were consisted of counseling, damage relief and conciliation. For the analysis of time series, autoregressive moving average model, vector autoregressive model and the transfer function model were used. We considered the stationarity and cross correlation function for the identification and fitting. As a result, the transfer function model showed a better prediction. Whereas, the vector autoregressive model also provided good information for the degree and duration of the influence of variables.

A Study on Electronic Commercial Disputes settlement system through on-line ADR (온라인 ADR을 통한 전자상거래 분쟁해결제도에 관한 연구)

  • Kim, Sang-Chan;Lee, Choong-Eun
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.67-85
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    • 2010
  • On-line ADR is to use means of settling disputes online to settle disputes happened on-line or off-line. It gave important opportunity for engaging in a commercial transaction to small group or individual. If it uses judiciary proceeding, it will cost too much, complicate and take considerable time. So, because of these reasons, OECD even encourage on-line ADR as a mean for relieving consumer's damage actively on e-commerce. Korea is also trying to introduce on-line ADR partially or completely in Korea Consumer Agency, The National IT Industry Promotion Agency, The Korean Commercial Arbitration Board. However, Korea's on-line ADR is more insufficient than advanced country's. Nevertheless, because on-line needs to introduce, this study suggests the problem and plan centering the type and the present condition of on-line ADR.

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A Study on Alternative Medical Disput Resolution -With a Focus on Medical Dispute Mediation of Kca- (제소 전 의료분쟁 해결에 관한 연구 -한국소비자원 의료분쟁 조정을 중심으로-)

  • Kim, Kyoung-Reay
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.71-89
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    • 2012
  • Just in case a patient's state couldn't get better or get even worse after medical practices, it is difficult for the patient's side to accept the result and it tends to think that its damage is caused by his doctor's malpractice. Medical practices of a doctor require highly advanced attention duty as a medical expert, because they are targeted at a human body of the best benefit and protection of the law. However, it is hard to prove the malpractice on the patient's side in medical dispute. Therefore, to solve a medical dispute quickly and fairly before the medical suit Korea Consumer Agency (KCA) has done a medical dispute adjustment business since 1999. For the past 5 years (2006~2010), the medical team of KCA had managed 4,171 cases as an injury relief, but it had dealt with them focusing on an injury relief business only after the occurrence of a medical accident. Afterwards, it is necessary to expand the range of its services in purpose of preventing the injury of consumers. If we can solve the problems -the clear statements about the cease of extinctive prescription in the fundamentals of comsumer act, the presence of parties directly concerned at comsumer dispute adjustment committee, and the effect of an agreement, etc. -, which have been founded in medical injury relief service of KCA and the management and procedures of the comsumer dispute adjustment committee of KCA and if we can also give KCA more workers and the proper budget of the government, we can expect KCA to become a more useful agency.

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Reflections on the US FDA's Warning on Direct-to-Consumer Genetic Testing

  • Yim, Seon-Hee;Chung, Yeun-Jun
    • Genomics & Informatics
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    • v.12 no.4
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    • pp.151-155
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    • 2014
  • In November 2013, the US Food and Drug Administration (FDA) sent a warning letter to 23andMe, Inc. and ordered the company to discontinue marketing of the 23andMe Personal Genome Service (PGS) until it receives FDA marketing authorization for the device. The FDA considers the PGS as an unclassified medical device, which requires premarket approval or de novo classification. Opponents of the FDA's action expressed their concerns, saying that the FDA is overcautious and paternalistic, which violates consumers' rights and might stifle the consumer genomics field itself, and insisted that the agency should not restrict direct-to-consumer (DTC) genomic testing without empirical evidence of harm. Proponents support the agency's action as protection of consumers from potentially invalid and almost useless information. This action was also significant, since it reflected the FDA's attitude towards medical application of next-generation sequencing techniques. In this review, we followed up on the FDA-23andMe incident and evaluated the problems and prospects for DTC genetic testing.