• Title/Summary/Keyword: Online Dispute

Search Result 51, Processing Time 0.03 seconds

Review of Public Health Aspects of Exposure to Agent Orange (고엽제 노출에 따른 건강위해의 보건학적 고찰)

  • Yang, Won-Ho;Hong, Ga-Yeon;Kim, Geun-Bae
    • Journal of Environmental Health Sciences
    • /
    • v.38 no.3
    • /
    • pp.175-183
    • /
    • 2012
  • Objectives: Controversy regarding the relationship between exposure to Agent Orange and disease has progressed for more than four decades, both at home and abroad. Recently, the allegation by US veteran Steve House of the burial of Agent Orange at the US Army base Camp Carroll located in Waegwan-eup, Korea, has emerged. We reviewed published articles and reports related to Agent Orange. Methods: Articles and reports were collected online using the keywords 'agent orange' and 'health' and then reviewed. Results: A number of epidemiologic studies have reported disease outcomes due to exposure to Agent Orange, while others were unable to establish a link to the injuries of veterans of the Vietnam War. This can be explained by the fact that accurate exposure assessment should be carried out since exposure misclassification in epidemiologic studies can affect estimates of risk. In the case of the burial of Agent Orange at Camp Carroll, an exposure pathway could be through underground water supplies, which differs from the cases of Vietnam and Seveso in Italy. Conclusion: There still remains a dispute among academics regarding the relationship between exposure to Agent Orange and disease, although Agent Orange is a highly toxic chemical. This dispute indicates that accurate exposure pathway and exposure assessment is needed.

Disputes Patterns and Resolution Approaches in the Global Trading of Digital Goods (디지털상품의 국제거래 유형과 분쟁 해결방안)

  • Shim, Sang-Ryul;Jeong, Yoon-Say
    • Journal of Arbitration Studies
    • /
    • v.17 no.3
    • /
    • pp.145-167
    • /
    • 2007
  • Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.

  • PDF

Suitability of Alternative Dispute Resolution for the Fashion Industry - Focused on Arbitration for the Fashion Industry - (패션산업의 대체적 분쟁해결제도 적합성 - 패션산업의 중재 제도 도입을 중심으로 -)

  • Lee, Jae-Kyoung
    • Journal of Arbitration Studies
    • /
    • v.25 no.1
    • /
    • pp.87-105
    • /
    • 2015
  • Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

Design of Secure Game Character Migration System Between Online Game Servers using Dual Signature (이중 서명을 이용한 온라인 게임 서버 간의 안전한 게임 캐릭터 이주 시스템 설계)

  • Suk, Jin-Weon;Lim, Ung-Taeg
    • Journal of Advanced Navigation Technology
    • /
    • v.14 no.6
    • /
    • pp.882-889
    • /
    • 2010
  • The development of network technology has made rapid growth for online gaming industry on the Internet. Recently, game players have been wanting for a free migration on the game character for game player managed by online game servers of different types. Existing research on the acceptance of the game players demands have suggested migration model of the game character. However, the game Character Migration Process between the game server of different types migration is focused only, and safety issue that is necessary in an online transaction is overlooked. Therefore, ensure the safety of transactions information and when a dispute arises is necessary countermeasures. In this paper, Secure game Character Migration System (SCMP) using dual signature method when migrating game characters between the game servers of different types based on existing research is propose and looks to examine the safety.

A Study of Domain Name Disputes Resolution with the Korea-U.S. FTA Agreement (한미자유무역협정(FTA)에 따른 도메인이름 분쟁해결의 개선방안에 관한 연구)

  • Park, Yu-Sun
    • Journal of Arbitration Studies
    • /
    • v.17 no.2
    • /
    • pp.167-187
    • /
    • 2007
  • As Korea has reached a free trade agreement with the United States of America, it is required to provide an appropriate procedure to ".kr" domain name disputes based on the principles established in the Uniform Domain Name Dispute Resolution Policy(UDRP). Currently, Internet address Dispute Resolution Committee(IDRC) established under Article 16 of the Act on Internet Address Resources provides the dispute resolution proceedings to resolve ".kr" domain name disputes. While the IDRC's proceeding is similar to the UDRP administrative proceeding in procedural aspects, the Domain Name Dispute Mediation Policy that is established by the IDRC and that applies to disputes involving ".kr" domain names is very different from the UDRP for generic Top Level Domain (gTLD) in substantial aspects. Under the Korea-U.S. Free Trade Agreement(KORUS FTA), it is expected that either the Domain Name Dispute Mediation Policy to be amended to adopt the UDRP or the IDRC to examine the Domain Name Dispute Mediation Policy in order to harmonize it with the principles established in the UDRP. It is a common practice of cybersquatters to warehouse a number of domain names without any active use of these domain names after their registration. The Domain Name Dispute Mediation Policy provides that the complainant may request to transfer or delete the registration of the disputed domain name if the registrant registered, holds or uses the disputed domain name in bad faith. This provision lifts the complainant's burden of proof to show the respondent's bad faith because the complainant is only required to prove one of the three bad faiths which are registration in bad faith, holding in bad faith, or use in bad faith. The aforementioned resolution procedure is different from the UDRP regime which requires the complainant, in compliance with paragraph 4(b) of the UDRP, to prove that the disputed domain name has been registered in bad faith and is being used in bad faith. Therefore, the complainant carries heavy burden of proof under the UDRP. The IDRC should deny the complaint if the respondent has legitimate rights or interests in the domain names. Under the UDRP, the complainant must show that the respondent has no rights or legitimate interests in the disputed domain name. The UDRP sets out three illustrative circumstances, any one of which if proved by the respondent, shall be evidence of the respondent's rights to or legitimate interests in the domain name. As the Domain Name Dispute Mediation Policy provides only a general provision regarding the respondent's legitimate rights or interests, the respondent can be placed in a very week foundation to be protected under the Policy. It is therefore recommended for the IDRC to adopt the three UDRP circumstances to guide how the respondent can demonstrate his/her legitimate rights or interests in the disputed domain name. In accordance with the KORUS FTA, the Korean Government is required to provide online publication to a reliable and accurate database of contact information concerning domain name registrants. Cybersquatters often provide inaccurate contact information or willfully conceal their identity to avoid objection by trademark owners. It may cause unnecessary and unwarranted delay of the administrative proceedings. The respondent may loss the opportunity to assert his/her rights or legitimate interests in the domain name due to inability to submit the response effectively and timely. The respondent could breach a registration agreement with a registrar which requires the registrant to submit and update accurate contact information. The respondent who is reluctant to disclose his/her contact information on the Internet citing for privacy rights and protection. This is however debatable as the respondent may use the proxy registration service provided by the registrar to protect the respondent's privacy.

  • PDF

BIG DATA ANALYSIS ROLE IN ADVANCING THE VARIOUS ACTIVITIES OF DIGITAL LIBRARIES: TAIBAH UNIVERSITY CASE STUDY- SAUDI ARABIA

  • Alotaibi, Saqar Moisan F
    • International Journal of Computer Science & Network Security
    • /
    • v.21 no.8
    • /
    • pp.297-307
    • /
    • 2021
  • In the vibrant environment, documentation and managing systems are maintained autonomously through education foundations, book materials and libraries at the same time as information are not voluntarily accessible in a centralized location. At the moment Libraries are providing online resources and services for education activities. Moreover, libraries are applying outlets of social media such as Facebook as well as Instagrams to preview their services and procedures. Librarians with the assistance of promising tools and technology like analytics software are capable to accumulate more online information, analyse them for incorporating worth to their services. Thus Libraries can employ big data to construct enhanced decisions concerning collection developments, updating public spaces and tracking the purpose of library book materials. Big data is being produced due to library digitations and this has forced restrictions to academicians, researchers and policy creator's efforts in enhancing the quality and effectiveness. Accordingly, helping the library clients with research articles and book materials that are in line with the users interest is a big challenge and dispute based on Taibah university in Saudi Arabia. The issues of this domain brings the numerous sources of data from various institutions and sources into single place in real time which can be time consuming. The most important aim is to reduce the time that lapses among the authentic book reading and searching the specific study material.

The Observations Related to Online Dispute Resolution System

  • Hong, Sung-Kyu;Kim, Sun-Kwang
    • International Commerce and Information Review
    • /
    • v.7 no.1
    • /
    • pp.197-211
    • /
    • 2005
  • 본 논문에서는 상거래과정에서 발생하는 분쟁해결을 위하여 적용가능한 ODR시스템의 특성과 선진국의 ODR의 시험 운영사례를 통하여 이에 따른 문제점을 분석하였다. 또한 국제상거래의 분쟁해결수단으로 일반화되고 있는 중재에 대하여 온라인중재의 도입에 따른 법적인 문제를 검토하고, 이러한 분석 검토결과를 토대로 ODR의 발전방안을 제시하였다. ODR은 신속성, 비용의 경제성, 해결방법의 개선 등의 장점으로 인하여 온라인에서 발생한 분쟁뿐만 아니라 오프라인에서 발생한 분쟁까지도 그 영역이 확대되어 가고 있으며, 앞으로 전자정부에서도 이를 채택하게 됨에 따라 급격히 발전할 것으로 생각된다. 최근의 상거래분쟁이 복잡하고 전문성이 요구되며, 신속한 해결을 지향하고 있으므로 종래 ADR제도의 장점과 정보 통신적 요소를 가미한 새로운 ODR제도를 도입 추진하는 것이 무엇보다도 중요하다고 할 수 있으며, 이를 위하여 ODR제도의 정통성과 실효성을 확보할 필요가 있다.

  • PDF

The persuasive impact of advertorial that promotes consumer's potential for conflict : Focusing on the case of PCA (소비자의 분쟁 유발 가능성을 촉진하는 기사형 광고의 설득 영향: 언론 중재 위원회의 시정 권고 심의 대상을 중심으로)

  • Kim, Jea-young
    • Journal of Arbitration Studies
    • /
    • v.31 no.2
    • /
    • pp.99-118
    • /
    • 2021
  • The participants in this study were university students, who are millennials and familiar with various devices and SNS enabling hyper connection, such as smartphones, the Internet, and the Internet of Things. People are sustaining their relationships with others by using the latest technology and cutting-edge devices at will. Some purchases are made at offline stores through online information, but products are checked through offline stores and purchased online. The MZ generation, which does not always have a fixed and constant behavioral response pattern, was considered a participant in this study because the response pattern may vary depending on one's tendency to avoid uncertainty. As a result of experimenting with the MZ generation, similar results were found in all dependent variables. Advertorial and general ads treated as independent variables affected the participants' tendency to avoid uncertainty. In other words, uncertainty avoidance tendency and interaction effect were found as a result of verifying the effects on the dependent variable of ads type. In an advertorial, the group with low uncertainty avoidance tendencies showed higher dependent variable effects than the group with high uncertainty avoidance tendencies; in general ads, uncertainty avoidance tendencies were higher. The higher group showed higher dependent variable effects than the lower group. Therefore, the group with a low tendency to avoid uncertainty has a high level of dependent variable effects in the advertorial, and the group with high uncertainty avoidance tendency performs self-interpretation in general ads.

Legal Study and Legislative Suggestions about Donation by Minors on Live Streaming Platforms - Focusing on protection of the counterparty - (인터넷 개인방송 플랫폼상 미성년자 후원행위에 대한 법적 고찰 및 입법론적 개선방안 - 미성년자의 상대방 보호 필요성을 중심으로 -)

  • Kil, Gi-Beom;Kim, Chang-Hyeon;Lee, Min-Jae;Yoo, Ha-Yeon
    • The Journal of the Korea Contents Association
    • /
    • v.22 no.1
    • /
    • pp.292-309
    • /
    • 2022
  • Recently, with the development of interactive communication system, demands for video live streaming service has increased. Live streamers generate revenues from donations, but existing laws are inadequate to handle these donations. Problems arise when minors donate because they have the right of revocation. In the case of donations that request benefits in return, legal characteristics and results are different from unilateral donations. If minors exercise their right of revocation, live streamers must pay back without getting proper compensation for their services. In this paper, we detect the characteristics of bilateral contract in live streaming donation, indicate the harms that live streamers can get, examine precedents and donation processes focusing on cases when minors can not exercise the right of revocation due to deception, and propose revisions that can protect the streamers without invading minors' rights. Through academically identifying ambiguous legal situations and presenting dispute prevention procedures, this paper can bring positive impacts on the online industry.

The Impact of Nature of Purchase and Purchase Utility on Purchase Intention According to Retailtainment (리테일테인먼트에 따라 구매특성과 구매효용이 구매의도에 미치는 영향)

  • Oh, Hyun-Seok;Cheon, Hongsik J.
    • Journal of Distribution Science
    • /
    • v.16 no.12
    • /
    • pp.57-68
    • /
    • 2018
  • Purpose - The development of technologies lead the volume of sale on online market increase but an off-line shopping center is still a core component in the omni-channel strategy. It is generally thought that high-level retailtainment on brick and mortar store affects purchase intentions positively, but some previous studies dispute that and have reported that retailtainment does not affect purchase intentions. So we have studied the additional factors' effect - the nature of purchase and utility - with retailtainment. Research design, data, and methodology - There are 8 treatment groups which were assigned by the method of retailtainment (high vs. low), nature of purchase (essential vs. non-essential), and utility (acquisition vs. transaction). A total of 240 subjects (office workers = 163, 68%; undergraduates = 77, 32%; average age = 30s; female = 39%) were divided into groups and exposed to one of the eight scenarios. Participant's purchase intention was the dependent, and ANOVA and L-matrix were used to analyze for main and interactive effects between factors. Results - First, the main effect and interactive effect between retailtainment and the nature of purchase are significant. We also found that the contrast between essential and non-essential at low-level retailtainment is higher than that of high-level retailtainment. Second, in the case of retailtainment and utility, transaction utility under high-level retailtainment affects purchase intentions positively. Third, between the nature of the purchase and utility, the main effect of the nature of purchase and the interactive effect is significant, but the main effect of utility is not significant. In the case of non-essential goods, the purchase intention was high when transaction utility was provided but in the case of essential goods, acquisition utility increased purchase intentions. Finally, when transaction utility is given, purchase intentions of essential goods increase under low retailtainment, and the purchase intentions of non-essential goods increase under high retailtainment. Conclusions - When customers buy essential goods, discounts decrease purchase intentions. During the season for bargain sales, purchase intentions increase when retailtainment of essential goods is low, and retailtainment of non-essential goods is high.