• Health Policy and Management
• /
• v.22 no.3
• /
• pp.315-346
• /
• 2012

The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

• Health Policy and Management
• /
• v.27 no.1
• /
• pp.3-17
• /
• 2017

In the traditional medical field, the patient was a person to receive protection from the doctor because there are vertical relationship between the patient and the doctor. But in modern medical field, patients change their role to health-care consumer to be guaranteed their rights more actively. This study compare patient's rights in doctor's vocational ethics and patient's rights in law, consumer rights. This study analyzes what is type of law-relationship between patients and doctor and how can they act health-care as health-care consumer.

• Korean journal of communication and information
• /
• v.48
• /
• pp.5-24
• /
• 2009

This study is aimed to analyze the concept of media consumer and legal principles for consumer movements protection. Based on the concept and legal principles, this research is to review the characteristics of the advertisement boycott campaign. Article 124 of the Constitution prescribes that the state should guarantee the consumer protection movements. According to the Article 4 of the Framework Act on Consumer, consumers have the fundamental right to obtain proper compensation for damages sustained due to use of goods and etc. according to prompt and fair procedure. The type of boycott can be classified into two pattern on the basis of boycott's target or object. They are primary boycott and. secondary boycott. Consumer's boycott independent of primary or secondary, are under the protection of the consumer's right. Media consumers use scarce resources to satisfy their wants and needs to acquire news information and advertising information. Their resources are time and money. Therefore, ads boycott campaign or media boycott campaign is the primary boycott. Consumer's right should be guaranteed to the maximum. The Constitution and consumer protection law should protect the practice of consumer's right, especially consumer's boycott campaign.

• Journal of the Korean Home Economics Association
• /
• v.44 no.11
• /
• pp.133-148
• /
• 2006

This study takes an effort to suggest solutions for medical service consumers' sovereignty. Specifically, consumer evaluation, information seeking level, and affecting factors on information seeking level were explored in terms of medical service. In present study, medical information included medical institution and doctors, prescription, diseases, medical treatment and medical expense. Medical service consumers' information seeking is identified as consumers' own efforts to acquire medical information through various sources. The analysis results suggested that consumers' information seeking level is even lower, while their evaluation level is somewhat low. Moreover, the result for information seeking level by consumer characteristics implied that people who have high education, high economic status, medical knowledge, and high attitudes for consumer right are active information seekers. Finally, consumer attitudes for right appeared most influential factor on information seeking level, implying direction for medical service consumer education.

• Journal of Family Resource Management and Policy Review
• /
• v.13 no.4
• /
• pp.115-139
• /
• 2009

This study focused on the development of a scale measuring the effect of consumer education. The purposes of this study were to develop a tool which could measure consumer knowledge, consumer attitudes and consumer behavior. Data were collected from 266 college students. Analysis was done using frequency, cross tabulation analysis, reliability test, principle components factor analysis, confirmatory factor analysis (Amos 5.0), and multiple regression analysis. The results from this study were as follows: 1) Nine consumer knowledge factors (23-items) were identified: consciousness of consumer education and evaluation, consumer rights and allowance management, methods of consumer education and consumer institutions, green energy and environmental consumption, essence and content of consumer education, consumer rights and consumer duty, critical consideration and consumer's damage salvation, buying minds and decision-making, independent consumers. Total variance was 58.4%. Cronbach's alpha for the nine factors ranged from .68-.79. 2) Five consumer attitude factors (26-items) were identified: green environmental consumption, consumer's role and rights, resources saving and consumer's damage salvation, consciousness of consumers, and right consumption. Total variance was 59.2%. Cronbach's alpha for the five factors ranged from .89-.94. 3) Seven consumer behavior factors (27-items) were identified: social role and rights of consumer and consumer movement, right buying and segregated garbage collection, green environmental consumption and resources saving, altruism and decision-making, allowance management and impulse buying, consumer's damage salvation, and consciousness of consumer. The total variance was 59.1%. Cronbach's alpha for the seven factors ranged from .77-.88. Finally, a scale measuring the effect of consumer education consisting of 76 items (consumer knowledge: 23 items (9 factors), consumer attitude: 26 items (5 factors), consumer behavior: 27 items (7 factors)) was constructed.

• Journal of Families and Better Life
• /
• v.21 no.1
• /
• pp.73-89
• /
• 2003

The goal of this study was to estimate the knowledge on the patient about treating and attitude about their right to know and how they practice. That is the study seek to find how much they claim about their right to know and how they evaluate it. Additionally describe how much the patient carry on their right to know and find out that of each level's associations. This main Purpose of the study was to increase patient's right to know during in medical services. Socio-demographic variables, personal service variables and other used variables which levels of consumers knowledge, demand, evaluation and about right to know on practice level were analyzed statistically. For this purpose, the subjects of this study were consumers who had experienced medical services. The survey was conducted on 551 Korean aged in off-line by self-administered questionnaires. Final analyzed sample sizes are 551. The regression, ANOVA, t-test and other descriptive analyses were used. The obtained results were as When the consumers were estimated the level of Knowledge, the degree of respondent's level was middle state. The level of demand showed low tendency but their practice level was relatively high. On the other hand, consumer's demand for the patient's right to know was very high. The level of knowledge, demand, evaluation have affected positively to the level of consumers practices. Based on empirical research, the statistics of consumers' knowledge level was significant to other variables and effecting highly. It was recommended consumer education should be provided effectively to increase protecting their right.

• Journal of Arbitration Studies
• /
• v.12 no.1
• /
• pp.207-239
• /
• 2002

The redemption system for consumer's claim is intended to deal with the conflicts between consumers and firms in their transaction of goods and service ensuring consumer's basic right. In general, the redemption system for consumer's claim requires promptness of redemption, free charge of claim procedure for consumers and constructive response of firms. However, the current redemption system in Korea has some limitations in its authority in the sense that it has only the right for mediation of consultation and agreement and thus the involved consumer should forfeit his/her claim or should go to legal suit which requires high cost and time when the mediation work is failed between two parties. As it is shown in result of survey on empirical cases produced by the Consumer Dispute Mediation Committee in Consumer Protection Board of Korea in 2001, the 20.3％ of total claims have failed to reach final mediation, while the BBB case in the U. S. has recorded 19％ of arbitration success after its failure in mediation. Therefore, it is strongly recommended for Korea to augment current. arbitration system toward assuring firm's cost liability, the principle of quick procedure through agreement on arbitration upon consumer's request. It is thus prerequisite for firms to be armed with the concrete entrepreneurship of responsibility on cost liability. In conclusion, we suggest restructuring of currently existing institution, rather than establishing new one through substantial augmenting the role of Consumer Dispute Mediation Committee In Consumer Protection Board of Korea and enlarging its business criteria of The Korean Commercial Arbitration Board by progressive development of the consumer protection program through amendment of current law for consumer protection.

• Industry Promotion Research
• /
• v.9 no.3
• /
• pp.163-174
• /
• 2024

MyData is a new entity that strengthens the rights of information subjects through the 'right to data portability' and utilizes data to enable hyper-personalized services using personal information. Korea's MyData system is recognized globally as an outstanding system in that it is creating a new MyData industry by granting the right to information self-determination through the 'right to request data transmission'. Now in its third year, this study evaluates Korea's MyData system from a consumer behavior perspective and identifies issues for improvement. To this end, this study reviewed previous research on the relationship between regulatory policy and consumer behavior to determine the applicability of a consumer behavior perspective in institutional evaluation. In addition, in a study on consumer behavior related to MyData, variables that affect the use of MyData were investigated and evaluation items from a consumer behavior perspective were derived. As a result of evaluating Korea's MyData system from a consumer behavior perspective, it was found that the factors considered important by consumers were appropriately reflected in the system. However, in cases where there are dual values of ease of use and personal information protection, regulatory aspects tend to take priority. Therefore, in order to revitalize the MyData industry, it is essential to implement market-friendly system improvements without compromising consumer rights. This study is differentiated from existing studies in that it attempted to derive a plan for system improvement by combining empirical consumer behavior research and regulatory policy research.

• The Journal of the Korea Contents Association
• /
• v.18 no.9
• /
• pp.454-467
• /
• 2018

The purpose of this study is to analyze the level of consumers' right and responsibilities consciousness, and to analyze the difference of decision - making behaviors according to type of consumers' rights and responsibility consciousness level. The data collection subjects were those who had made the decision to purchase insurance directly within the last three years. A total of 1,225 data were used for the final analysis in this study. As a result, the consumer's sense of responsibility was lower than that of the rights consciousness, and the consumer group with the responsibility consciousness corresponding to the right consciousness was making more rational and subjective decisions. Based on these results, it is confirmed that consumer education that emphasizes responsibility consciousness corresponding to right consciousness is necessary for desirable and subjective decision making of insurance consumers. This study is meaningful in that it provides basic data for contents development to raise the awareness of rights and responsibilities of insurance consumers who can solve consumer problems.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.19
• /
• pp.33-66
• /
• 2003

This is a comparative and analytical study which comprises of the analysis of the rules of the buyer's remedies where the seller delivers defective goods of four legal systems; Directive, CISG, English law and Korean law. In light of threefold main purposes of this study, it firstly attempts to describe and analyze the remedy provisions of Directive in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It shows that the two tier remedial system under Directive is not much different from the other jurisdictions, except where the right of rescission under Directive is absolute in a sense that it does not require a certain degree of seriousness of defect. Secondly, the study compares the rules of one jurisdiction with those of other jurisdictions and evaluates the rules in light of the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It proves the followings; (1) the reluctance and uncertainty in English law of ordering specific performance based on the discretionary power does not reflect the parties' preference because the order is either uncertain or rather negative where the purchase of substitute goods elsewhere is not a satisfactory solution in many cases; (2) the position in Korean law which has no limitation on the right to require substitute goods is likely unfair in commercial sales, but justified in consumer sales; (3) the right of termination or reduction under Directive which is subject to the applicability of the right to require repair or substitute goods seems to be contrary to the consumer's preference where the defective delivery destroys the basis of trust in the quality of the seller's performance; (4) the absolute right of termination under Directive and English law seems crucial in consumer sales because they are often inferior to commercial sellers in terms of information and bargaining power; (5) the right of reduction as a self-help remedy which is absent in English law emphasizes its usefulness. Thirdly, it finds that, where CISG is deemed to fail to unify different rules on the right to require specific performance between Civil and Common law, it is attempted once again in Directive and notwithstanding their hostility to awarding the right to require specific performance in English law, Regulations 2002 expressively stipulates such right.