• Title/Summary/Keyword: consumer's right

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Arbitration Clause Prohibiting Class Action in Consumer Contracts

  • Yi, Sun
    • Journal of Arbitration Studies
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    • v.27 no.1
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    • pp.3-35
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    • 2017
  • For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.

Sensory Evaluation of Korean Traditional Foods for Americans (한식에 대한 미국인들의 선호도 평가 연구)

  • Hong, Sang-Pil;Lee, Min-A;Kim, Eun-Mi;Chae, In-Sook
    • Journal of the Korean Society of Food Culture
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    • v.22 no.6
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    • pp.801-807
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    • 2007
  • The objectives of this study were to develop Korean dishes acceptable for quick-service Korean food restaurant franchising operations in the U.S. and to test consumer preferences of 6 Korean dishes developed. One hundred American consumers evaluated beef(Bulgogi), pork(Jeyuk-bokkeum), chicken(Dagkalbi), noodles with seasoned vegetables(Japchae), braised tofu(Dubujorim), and stir-fried kimchi (Kimchi-bokkeum). Consumer preferences for color and aroma of the three dishes(Bulgogi, Jeyuk-bokkeum and Dagkalbi) were not different with most indicating they liked these attributes. Bulgogi was preferred over Dagkalbi and Jeyuk-bokkeum was least acceptable. Consumers rated the flavor of the Bulgogi from a little too mild to just right while both the Dagkalbi and Jeyuk-bokkeum were rated from just right to too strong. Overall acceptance was inversely related to spiciness. Bulgogi and Dagkalbi were ranked significantly higher than Jeyuk-bokkeum with Bulgogi receiving a slightly higher score. Overall acceptance was higher for the Japchae than the Kimchi-bokkeum. Dubujorim was intermediate and not preferred or disliked more than either of the others. Consumers rated the flavor of the Japchae and the Dubujorim higher than the Kimchi-bokkeum, indicating that the flavor of the Kimchi-bokkeum was too strong. Almost half indicated both the Dubujorim and Kimchi-bokkeum were slightly or much too hot. The Japchae and the Dubujorim were ranked equally high and significantly higher than the Kimchi-bokkeum. We suggest that control of spiciness is a main factor to develop Korean dishes acceptable for quick-service Korean food restaurant franchising operations in the U.S.

A Study on Clothing Complaining Behavior : Taxonomy Cause and Type (의복불평행동에 관한 연구 -의복 불평행동의 분류법과 원인, 유형을 중심으로-)

  • 홍금희
    • Journal of the Korean Society of Clothing and Textiles
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    • v.23 no.1
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    • pp.90-110
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    • 1999
  • Understanding consumer complaining behaviors plays a key role in post-purchase satisfaction customer retention and long-term customer relationships. This research was conducted to empirically investigate 1) the taxonomy of complaining behavior 2) causes and types of clothing complaining behavior according to sex. The subjects compoed of 250 male and 358 female consuemrs. Data were colleted through questionnaires employing the critical incident methodology. The findings indicated that clothing complaining behavior was fitted well into Singh(1998)'s three-factor model(i. e. voice/private / third-party complaining behaviors) these factors explained 53% of the total variances 75.1% of male and 65.2% of female group complained of poor instruental performance. The types of complaining behaviors were no action negative word-of-mouth to friends and associates n order. Most dissatisfied consumers didn't assert positive consumer's right. Marketer should increase the accessibility of their complaint receiving mechanisms to passive customers.

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Design of License Management Model for super-distribution between DRM Consumers (DRM 사용자간 재배포를 위한 라이센스관리 모델 설계)

  • Lee, Byung-Wook;Liu, Zong-Hua
    • Journal of Internet Computing and Services
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    • v.8 no.3
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    • pp.9-17
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    • 2007
  • Super-distribution is essential for revitalization of digital contents industry in DRM system. Since existing DRM systems emphasize on security for intellectual property rights, it became restrictions to content distribution and the consumer rights. This paper suggests license management mechanism which strengthen super-distribution between consumers. It is to manage distribution history for each content by inserting consumer's identification information in content head. Client can verify security by comparing header and license after issuing license. It classifies the type of distribution and license, and then applies adaptive distribution methods. It can revitalize contents distribution by releasing proper license for super-distribution.

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Consumer's Perceptions of Industrial Foodservice Institutions in Pusan city and Kyeung Nam Provinces -I. Emphasis on the Foodservice Operation- (부산 경남지역 산업체급식소의 급식평가 연구 -I. 급식소 운영특성을 중심으로-)

  • Lee, Myung-Hae;Lyu, Eun-Soon;Kang, Hyeon-Ju
    • Journal of the Korean Society of Food Culture
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    • v.9 no.5
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    • pp.509-524
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    • 1995
  • Consumer's perceptions of the quality of food and food-related servcie were surveyed through questionnaires by 672 adults randomly selected from 20 industrial foodservice in Pusan Kyeung Nam area. Data from consumers were analyzed by using $SPSSPC^+$ program in terms of $x^2-test$, oneway ANOVA, t-test. The results are as follows: 1) Among the food characteristics, the mean rating for temperature of food was 3.18 over 5, for quality of food vs. food price 2.97, for fresshness 2.96, for taste 2.86, and for combination of colors 2.73; 2) In the food-related service, the mean rating was 3.20 for cleanliness of dishes, 3.18 for quality of dishes, 3.01 for varity of food items, 2.95 for courtesy of employees, and 2.57 for availability of favorite food. 3) Self-operated foodservice showed higher mean ratings in nutrition of food, quality of food vs. food price, and availability of favorite food than does the contracted one. 4) The rice (85.0%) and the kimchi (81.4%) were right in amount, but the soup (42.5%) and the side dish (49.0%) were not enough. 5) In seasoning of food, 45.2% of the respondents agreed that the salty taste and the amount of MSG were just right. However, 38.0% and 37.9% of them responded that the salty tast was strong and the amount of MSG was much. 6) The respondents mostly required the improvement of the taste of side dish, nutrition of food, sanitation of food, and variety of menu items.

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Consumer's Perceptions of The Quality of Employee Foodservice in Pusan City and Kyeung Nam Provinces -By the Consumers' Characteristics- (부산 경남지역 산업체급식소의 급식 평가 연구 -급식대상자를 중심으로-)

  • Lee, Myung-Hae;Lyu, Eun-Soon;Kang, Hyeon-Ju;Ryu, Kyung
    • Journal of the Korean Society of Food Culture
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    • v.11 no.3
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    • pp.409-420
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    • 1996
  • Consumer's perceptions of the qualities of food and food-related services were surveyed through questionnaires by 672 adults randomly selected from 20 industrial foodservice in Pusan and Kyeung Nam area. The results are as follows: 1) By age, the elderly group gaved the highest mean score not only for freshness and temperature among the food characteristics but also for cleanliness of dishes and materials of dishes among the food-related service. 2) By occupation, the white collar worker group gaved the highest mean score in all characteristics of food and food-related service than did the blue collar worker group. Especially for courtesy of employees, the mean rating given by the white collar worker group was 3.15/5.00, but by the blue collar worker group was 2.67/5.00. 3) Good appetitive group rated taste of food 3.15/5.00, quality of food vs. food price 3.17/5.00, and freshness 3.15/5.00. But poor appetitive group rated taste of food 2.44/5.00, quality of food vs. food price 2.65/5.00, and freshness 2.70/5.00. 4) Men agreed that the rice and soup were right in amount. And women responded that the rice was in a large amount and the soup was not enough. 5) The white collar worker group agreed that the rice, the soup, the side dish, and the kimchi were right in amount. However the blue collar worker group agreed that the rice was right in amount, the soup and the side dish were not enough, and the kimchi was in a large amount. For seasoning of food, the white collar worker group responded that the salty taste and the hotness were just right. But the blue collar worker group responded that the food was neither salty nor hot at all. 6) The taste of food was shown to be positively correlated (p<0.001) with various food item combinations, freshness of food, and the variety of cooking methods.

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Car-audio Position Evaluation Using 3-Dimensional Motion Analysis (동작분석을 이용한 카 오디오 위치 평가)

  • 임창주;임치환
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.24 no.62
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    • pp.79-87
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    • 2001
  • Usability has become a primary factor in determining the acceptability and consequent success of consumer product. It is common that the product usability is evaluated by objective performance measures and/or subjective user preference measures. This study is concerned with objective evaluation of the product usability using 3-dimensional motion analysis. We evaluated car-audio position using 3-dimensional motion analysis. The parameters investigated in this experiment were height of car-audio, left-right angle, and front-end angle. The experimental results showed that the usability evaluation method using motion analysis was consistent with user's subjective assessment. This objective method can be applied to not only car-audio position evaluation but also various consumer products'usability evaluation.

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A Content Analysis of Web sites from a Perspective of Children's Online Privacy Protection (아동 대상 인터넷 사이트의 개인정보보호 실태와 개선 방향)

  • Kim, So-Ra;Rhee, Kee-Choon
    • Journal of the Korean Home Economics Association
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    • v.45 no.8
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    • pp.127-142
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    • 2007
  • The objective of this study was to discuss child privacy issues at Web sites targeting children, Specifically, the study examined l)types of information required for join the membership, 2)whether privacy policies at Web sites for children abide by privacy guideline, and 3)specific examples of recommendable privacy policy and problematic privacy policy from Web sites, Total of 305 Web sites targeting children were used for content analysis, Selected Web sites included recommended sites by Korea Council of Children's Organizations and food business Web sites, The results showed that more than 70% of Web sites required private information when children join the membership. Most of these Web sites provided mailing service for children. Generally, Web sites showed problems in parents' approval procedures. Also, privacy policies at Web sites frequently omitted purpose specification principle and the security safeguard principle. Regulating online service provides and marketers targeting children would be necessary for protecting child privacy. Further, education program targeting parents and children could help them make right choices to protect children's online privacy.

Post-earthquake building safety evaluation using consumer-grade surveillance cameras

  • Hsu, Ting Y.;Pham, Quang V.;Chao, Wei C.;Yang, Yuan S.
    • Smart Structures and Systems
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    • v.25 no.5
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    • pp.531-541
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    • 2020
  • This paper demonstrates the possibility of evaluating the safety of a building right after an earthquake using consumer-grade surveillance cameras installed in the building. Two cameras are used in each story to extract the time history of interstory drift during the earthquake based on camera calibration, stereo triangulation, and image template matching techniques. The interstory drift of several markers on the rigid floor are used to estimate the motion of the geometric center using the least square approach, then the horizontal interstory drift of any location on the floor can be estimated. A shaking table collapse test of a steel building was conducted to verify the proposed approach. The results indicate that the accuracy of the interstory drift measured by the cameras is high enough to estimate the damage state of the building based on the fragility curve of the interstory drift ratio. On the other hand, the interstory drift measured by an accelerometer tends to underestimate the damage state when residual interstory drift occurs because the low frequency content of the displacement signal is eliminated when high-pass filtering is employed for baseline correction.

Analysis of the Content Components of 'Consumer Life' Area of Middle School Home Economics Curriculum of the U.S.: Focusing on the States of Ohio, Minnesota, and Wisconsin (미국 중학교 가정과 교육과정의 '소비생활' 영역 내용요소 분석: 오하이오, 미네소타, 위스콘신 주를 중심으로)

  • Kim, Seat Byeol
    • Journal of Korean Home Economics Education Association
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    • v.33 no.4
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    • pp.139-157
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    • 2021
  • The purpose of this study is to derive implications for Korean home economics curriculum to emphasize consumer competency of adolescents by analyzing the content components of consumer competency presented in 'consumer life' area of middle school home economics curriculum of 3 states in the U.S. The analysis results and implications are summarized as follows: First, the U.S. home economics curriculum is composed of various contents, including credit management, savings/investment/ insurance, taxes, and financial situation, and financial decision-making, to improve adolescent's understanding of finance. In the next revision of Korean curriculum, for financial stability in prolonged life after retirement, it is would be necessary to include contents on basic financial knowledge and technology for financial information utilization so that students can establish financial plans for different life stages in consideration of various variables such as changes in economic environment, etc. Second, the U.S. home economics curriculum was developed to help students make better purchase decisions by applying economic concepts such as prices and interest rates, economic trends and the impact of demand and supply, purchase methods and contract conditions, etc. However, Korean home economics curriculum only focus on purchase plan and purchase decision-making process. It would be necessary to foster consumer transaction competency by introducing economic concepts suitable middle school level. Third, to emphasize "consumer civic competency", Ohio was focusing on "claim of consumer rights" and Wisconsin was focusing on the "acceptance of consumer responsibility." In order to enhance adolescent's consumer civic competency, it would be necessary for Korean curriculum to balance the claim of right and the acceptance of consumer responsibility in the following term, and to emphasize the contents on consumer policies, laws and consumer advocacy to create a consumer environment where consumer sovereignty is realized.