• Title/Summary/Keyword: Online Mediation

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Promoting Arbitration System in The Era of Digital Economy (디지털 경제시대의 중재제도 활성화 방안)

  • Kang Lee-Soo
    • Journal of Arbitration Studies
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    • v.15 no.3
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    • pp.3-25
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    • 2005
  • The companies' management strategies of the electronic commerce market are different from those of the traditional market. The main difference between the electronic commerce market and the traditional market is an IT network system which is a companies' management strategies in the electronic commerce market. This study focuses on the examination and analysis of the companies' management strategies which are constituted through influence on the effectiveness of the IT network system in the electronic commerce market and Promoting Arbitration System in The Era of Digital Economy this study is to introduce several alternative policies of the Government and companies to such formated IT network system of the electronic commerce market in the future. It's also suggested that the Korean Commercial Arbitration Board (KCAB) fully cover consideration and arbitration, while KCAB for Electronic Commerce activates its proper role of consulting and ad hoc arbitration by using electronic information. E-commerce sets up the probability that its merchants and customers will not exist in the same legal jurisdictions. The confusing application of laws and wide geographical dispersion of these parties will necessitate a faster and cheaper dispute resolution methodology. Therefore, online ADR may be effective for e-commerce dispute resolution. The examples of online ADR operation are the cyber mediation of Electronic Transaction Dispute Resolution Committee, the cyber mediation of Korean Commercial Arbitration Board, the cyber mediation of Click N Settle, the online ADR of BBB online, and the cyber arbitration of virtual Magistrate. The paper points out the last one as the most desired practice. This study results are how to minimize the disputes and the method of dispute settlement. Therefore, a role of arbitration proposed and emphasized. To protect the dispute in advance, it's suggested to revise rules timely following on technical changes, and emphasized that the dispute has to lead to arbitration settlement not for consuming unnecessary time and finance for enterprises and consumers.

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A Study on Legal Issues by Practice of Online Arbitration (온라인 중재의 실행에 따른 법적 문제에 관한 고찰)

  • Woo, Kwang-Myung
    • International Commerce and Information Review
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    • v.5 no.1
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    • pp.137-158
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    • 2003
  • The rapid growth of electronic commerce increases the potential for conflicts over contracts which have been entered into online(e.g. about price, late delivery, defects, specifications...). Using arbitration as a dispute resolution alternative is becoming increasingly popular especially in cases involving intellectual property rights and technology disputes since speed and secrecy are essential. The use of online dispute resolution(ODR) mechanisms to resolve such e-commerce conflicts is crucial for building business, consumer confidence and permitting access to justice in an online business environment. However, the use of the Internet and the World Wide Web in dispute resolution has an impact on the types of communication implied in the relevant processes(negotiation, mediation and arbitration). This paper deals with legal issues with respect to the practice of online arbitration. The paper begins with a brief introduction to the theories behind arbitration. These sections will be followed by a discussion on the specifics of online arbitration and the problems the process faces online arbitration by the legal community.

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Consumer Responses to Stockouts in Online Fashion Stores: Indicating Effects of Psychological Reactance and Emotion (온라인 패션점포의 품절에 대한 소비자 반응: 심리적 반발심과 감정의 매개효과를 중심으로)

  • Shin, Hyesun;Hur, Hee Jin;Choo, Ho Jung
    • Fashion & Textile Research Journal
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    • v.17 no.5
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    • pp.770-780
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    • 2015
  • This study intended to explore fundamental causes affecting consumers' response actions from psychological factors in the situation of sellout occurring during shopping in online fashion stores. In addition, this study devised a virtual online shop in order to measure consumers' cognitive and emotional psychological responses they experienced when goods were sold out. The subjects involved women in 20s~30s, major customers of online shopping, and the subjects were randomly allocated to one of eight questionnaire forms (2(stockout size: high vs low)${\times}2$(product assortment similarity: similar vs. dissimilar)${\times}2$(restocking cue: included vs excluded)). The number of final data used for the analysis was 336 and through SPSS 21.0 program, two-way ANOVA and bootstrap were utilized. The analysis result was that consumers' psychological responses (emotions, psychological reactance) of online shops differed by means of varying stockout situations. The stockout size had positive effect on psychological reactance and negative emotions. On the other hand, there was no difference in positive emotions (arousal) according to stockout size. In stockout situation of online fashion store, the moderating effect of product assortment similarity and restocking cues were verified. According to the analysis result, interaction effects between stockout size and restocking cues, product stockout size and product assortment for psychological reactance were significant. Lastly, the mediation effect of psychological reactance and emotion between stockout size and behavioral response was tested. As a result, the moderated mediation effects of psychological reactance for substitute were significant when product assortment was dissimilar and restocking cue was exclude.

The Building Plan of Online ADR Model related to the International Commercial Transaction Dispute Resolution (국제상거래 분쟁해결을 위한 온라인 ADR 모델 구축방안)

  • Kim Sun-Kwang;Kim Jong-Rack;Hong Sung-Kyu
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.3-35
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    • 2005
  • The meaning of Online ADR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently Online ADR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in Online ADR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, Online ADR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future. Accordingly, the following points must be focused on for the continuous First, in the legal and institutional aspects for the development of Online ADR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of Online ADR, which utilizes electronic communication means. However, it is too early to establish a separate law for Online ADR because Online ADR must develop based on the theoretical system of ADR. Second, although Online ADR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, Online ADR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply Online ADR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, Online ADR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing Online ADR system. Third, the application of Online ADR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through Online ADR, and 115 Online ADR sites are in operation throughout the world. Thus Online ADR requires not temporary but continuous attention, and mediators and arbitrators participating in Online ADR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish Online ADR model and these projects should be supported by comprehensive researches on mediation, arbitration and Online ADR. Fourth, what is most important in the continuous development and expansion of Online ADR is to secure confidence in Online ADR and advertise Online ADR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in Online ADR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting Online ADR so that parties involved in disputes recognize the substantial contribution of Online ADR to dispute resolution. Lastly, dispute resolution through Online ADR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. Online ADR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.

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Relationships Among Sense of Community in Online Community, Relationship Quality and Customer Loyalty: The Mediating Effects of Satisfaction, Trust and Commitment (온라인 커뮤니티에서 공동체의식과 관계의 질, 고객충성도간의 관계에 관한 연구 : 만족, 신뢰, 몰입의 매개효과를 중심으로)

  • Choi Hyuk Ra
    • Journal of Information Technology Applications and Management
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    • v.12 no.1
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    • pp.69-90
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    • 2005
  • Online community as a business model has gotten much attention in online market. And it has been recognized as an increasingly important tool for better understanding and relationships with customers. Thus, There are needs for conducting researches, such as those being performed in social psychology area. Due to the lack of current researches on online community, variables that have been considered in social science and factors in relationship marketing are adopted in this study. The primary purpose of this research is to develop and test a model that explains the process of how sense of online community through relationship quality influences customer loyalty. The major findings of this study are as follows: First, sense of online community was found to have a positive influence on relationship quality. Second, relationship quality was found to have a strong positive effect on customer loyalty. Finally, relationship quality was found to have a mediation effect between the sense of online community and the customer loyalty. Implications of these findings are discussed for researchers and practitioners.

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Impact of attitude towards digital usage on life satisfaction of middle age and older adults: Sequential Mediation analysis in online networking activity and digital information production·sharing activities (중고령자의 디지털 이용태도가 생활 만족도에 미치는 영향: 온라인 네트워크 활동과 디지털 정보생산·공유활동의 직렬다중매개효과 분석)

  • Kim, Su Kyoung;Yoon, Hee Jeong;Lee, Dae Gyeom;Shin, Hye Ri;Kim, Young Sun
    • 한국노년학
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    • v.40 no.1
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    • pp.131-146
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    • 2020
  • The objective of this study is to examine the relationship between attitude in digital usage and life satisfaction level of the middle-aged people and older adults, and to analyze Sequential Mediation Effects of online networking activity and information producing and sharing in the online context. To achieve the main objectives, we conducted Hayeys'(2013) Process for SPSS Macro. The followings are the results of the study: First, there is a strong relationship between the attitude towards digital usage and the life satisfaction. Second, the results showed that impact of attitude in digital usage on life satisfaction among the older people is 0.291 unit higher, when they are engaged both in online networking activity and digital information production/sharing activities compared to involved in online networking activity alone. The results of the study is meaningful in that they can be used as a baseline data for reconsideration of digital usage and life satisfaction of the older adults, by providing comprehensive examination of relationship among attitude in digital usage, life satisfaction, online network activities, and digital information production·sharing activities of the older adults.

Arbitration Agreement through Standardized Terms and its Validity (약관을 통한 소비자중재합의와 그 유효성)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.111-132
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    • 2014
  • Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

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Touch Effect of Mental Simulation in Online Fashion Shopping -The Role of Instrumental and Autotelic Needs for Touch-

  • Lee, Ha Kyung;Choi, Dooyoung
    • Journal of the Korean Society of Clothing and Textiles
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    • v.45 no.2
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    • pp.376-389
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    • 2021
  • This study investigates the effects of the interplay of device types and the need for touch (NFT) on product attitudes and determines how the mental simulation of touch mediates such relationships. Specifically, we test the roles of instrumental and autotelic NFT in the moderated mediation effect of mental simulation of touch. We instructed the potential participants to shop for a leather jacket on a webpage. With a total of 152 data points from the responses of participants who used a laptop and a touch device that uses a direct-touch interface (e.g., tablets), we conducted descriptive statistics, analysis of variance, and PROCESS procedures using SPSS 20.0. The results show a greater mental simulation for touch when using a touch device than a laptop. When individuals' instrumental NFT is low, using a touch device while shopping online heightens mental simulation of touch, which impacts product attitudes. In particular, such a moderated mediation effect strengthens as the value of individuals' autotelic NFT increases. However, when individuals' instrumental NFT is high, a touch device cannot drive mental simulation for touch, increasing favorable attitudes toward the product.

Online ADR for the E-Commerce? European Union's ADR Legislation for Cross-Border Online Trade

  • Chung, Ha-Sung
    • Journal of Arbitration Studies
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    • v.25 no.3
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    • pp.135-154
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    • 2015
  • The European Union has adopted the ADR Directive and ODR Regulation in 2013 with the purpose to strengthen the e-commerce within the EU. Not covered by these legislations is the trade in the B2B sector. The author examines the question of whether online ADR under the currently applicable legal framework would be possible in Germany. At the center of his review is the possibility of an arbitration clause which refers exclusively to an online ADR scheme, may be included in the General Terms and Conditions of an online trader.

Marketer Generated Content on Social Media: How to Support Corporate Online Distribution

  • ZHONG, Xin;YAN, Jinzhe
    • Journal of Distribution Science
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    • v.20 no.3
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    • pp.33-43
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    • 2022
  • Purpose: More and more marketers use social media platforms to create and spread information called Marketer Generated Content (MGC) to inform consumers of products. MGC often embeds product purchase links, thus directing consumers to online distribution channels for online purchases. This study examined the effect of social media MGC on consumers' willingness to buy online in the anchor of consumers' perspective to answer the question of "how social media generated content support corporate online distribution". Research design, data, and methodology: According to the means-end-chain theory, we introduce perceived value and continuous following intention as chain mediators to explain the mechanism of MGC influence on consumers' online purchase intention and consider product type to discuss boundary conditions. Two experiments were designed to test hypothesizes. Results and Conclusion: First, emotional MGC (vs. informational MGC) has lower (higher) perceived utility (hedonic) value. Second, perceived value has a significant mediate role in the effect of MGC on continuous following intention. Third, perceived value and continuous following intention significantly and sequentially mediated the effect of MGC on online purchase intention. Through the sequential mediations of perceived utility value and continuous following intention, Informational MGC of search products significantly increase online purchase intentions. Another parallel sequential mediation, including perceived hedonic, emotional MGC of experience products, partially enhanced online purchase intentions. Finally, this study gives implications for how corporates can use social media MGC to promote product sales online.