• Title/Summary/Keyword: consumer damages

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Analysis the Types of Consumer Damages Incurred by Using a Digital Contents (디지털콘텐츠 소비자 피해유형 분석)

  • Nam, Su-Jung;Lee, Eun-Hee;Park, Sang-Mi
    • Korean Journal of Human Ecology
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    • v.16 no.6
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    • pp.1197-1209
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    • 2007
  • The advance of digital contents industry shifts the focus of consumptions; from analogue to digital ones. It gives significant impact on individual life as well as overall society and culture, and it leads to the increased consumption of digital contents. Nevertheless, current digital contents industry fails to secure the sufficient consumer protection systems including relevant rules and laws which regulate the distribution, use, and other transaction activities of digital contents and the efforts, on the part of contents providers, to provide information to consumers and to protect them. Digital contents, by its nature, is different from the existing products so that its nature is likely to cause unique consumer problems totally different from the offline transactions and the electrical transactions of existing products. This study, therefore, aims to identify the possible problems which may be incurred by consumers in their use of digital contents, specify the types of consumer damages, and provide the underlying materials to improve the systems related to digital contents and take legally complementary measures for consumer protection. To identify the types of consumer damages, this study analyzed the results from consumer counselling cases, experts opinion survey, and FGI. For consumer damage cases, this study analyzed the consumer complaints received by open consumer counselling sites of the Korea Consumer Agency and Seoul Electronic Commerce Center. For experts opinion survey, it conducted questionnaire survey of the group of experts from digital contents manufacturers or providers, and those who treated consumer damages directly. For FGI analysis, it organized a panel of students and employees who had used digital contents to understand the types of consumer damages. The results of this study can be summed up as follows. Based on the results from consumer counselling cases, experts opinion survey, and FGI analysis, the consumer damages related to digital contents can be classified, in their nature, into economic or financial damages (25 cases), emotional or psychological ones (15 cases), time-related ones (7 cases), physical ones (4 cases), and privacy-related ones (i.e. leakage of personal data)(3 cases). More specifying the types of damages, damages can be subdivided into contract-, charge-, maintenance-, use-, individual-related ones and other ones. Among them, both contract- and charge-related damages appeared only in the economic or financial damages, whereas user-specific individual damages appeared only in physical and emotional or psychological ones. On the other hand, maintenance- and use-related damages and other ones were observed in both categories of economical or financial damages and time-related ones. Use- and privacy-related damages, in particular, caused emotional or psychological damages.

A Case Study on the Process to Redress Consumer Damages Caused by Advertising Solution Error of Samsung Mall (삼성몰 광고솔루션 오류로 인한 소비자피해와 구제과정 사례분석)

  • Jae, Mi-Kyung;Song, In-Sook;Yang, Duck-Soon
    • Journal of the Korean Home Economics Association
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    • v.41 no.10 s.188
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    • pp.15-30
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    • 2003
  • This case study analyses the process to redress consumer damages caused by advertising solution error of Samsung mall from July 30th, 2002. We could discover the typical characteristics of small damages for many people and propose efficient consumer redress system. It was very difficult for consumers to recognize and verify their damages. Damages were very diverse and had traits of electronic transactions. We also examined the evaluations of individual consumer and consumer organization, YMCA on the process and result of consumer redress. Class action should be introduced as soon as possible to overcome financial problem and gathering plaintiffs for lawsuit. Consumer organizations need more professional negotiation ability.

Relations of Advertising Regulations and Consumer Damages: Focusing on Weight-Loss Food Advertisements on the Internet (온라인 다이어트 식품 광고를 통해 본 광고 규제와 소비자피해와의 관계)

  • Kim, Hye Jin;Lee, Seung Sin
    • Human Ecology Research
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    • v.54 no.1
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    • pp.27-43
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    • 2016
  • This study initiates from the question of whether current advertising regulations are appropriate to be applied to the market. It confirms the relationship between misleading online advertisements of weight-loss food and consumer damages. This study argues that it is necessary to enforce monitoring and regulating (strengthening monitoring) for situations where misleading advertisements are exposed in the market with subsequent consumer damages. However, deregulation is needed for advertisements exposed in the name of misleading advertisements but with no consumer damages. In conclusion, the regulations of current weight loss foods are properly established $vis-{\grave{a}}-vis$ the market situation. However, misleading advertisements are prevalent for all regulated types: Type I (product quality and effect), Type II (endorsement and warranty), Type III (ways to use and safety), Type IV (comparison and superiority), and Type V (company information). Promotion targeting businesses, market monitoring and control are necessary to ensure that advertising regulations (which have existed only as an institution) can be appropriately applied. It is also confirmed that 'comparison advertising' (applicable to Type IV where consumer damages were not shown compared to other regulations) does not have an actual effect as a consumer protection regulation that should be considered in regulation revisions. Consumers also did not recognize Type III and V in the purchasing stage while consumer damages were demonstrated; consequently, this implies that consumers need to check and become attentive to these types.

A Study on Consumer Protection Measures and Actual State of Consumer Complaints in E-Commerce (전자상거래 소비자 피해실태와 소비자보호 대책에 관한 연구)

  • Moon, Tae-Hyun
    • The Journal of Information Technology
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    • v.6 no.4
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    • pp.69-80
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    • 2003
  • The electronic commerce continues to grow dramatically. Also, consumer complaints and damages related to e-commerce grow rapidly. The analysis of consumer complaints showed that consumer of e-commerce tended to buy the various product categories including cloth and home appliance. The damages of delivery problem rapidly rose by 1,185.3%. In categories of transaction including of 'internet shopping mall', 'internet contents' and 'internet auction', about 90% of consumer damages was related to 'internet shopping mall' but consumer damages of 'internet contents' was anticipated to be increased in the near future. The major goods and services of damages was 'digital camera', notebook PC', 'internet game service' etc. Therefore, it is required to establish consumer protection measures to be prevent consumer fraud such as internet shopping mall, Halfplaza.com, and major goods and services of damages. Also, it is need to establish system of spontaneous consumer protection improving consciousness of e-commerce companies.

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A Study on the Methods to Remedy Consumer Damages Occurring from Transactions through Mail Order Sales Mediating Sites (통신판매중개사이트 거래에서의 소비자피해 구제 방법에 대한 고찰)

  • Yoon, Chang-SuI
    • Journal of Digital Convergence
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    • v.5 no.2
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    • pp.99-108
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    • 2007
  • As the transaction using mail order sales mediating sites such as Auction rapidly increase, consumer damages are also increasing. Therefore, in this study, the methods to remedy consumer damages occurring from transactions through mail order sales mediating sites such as the Payment Deposit System, the systems to resolve disputes without any litigation and the systems in relation to the Consumer Basic Act have been examined and measures to improve the systems have been groped. For the transactions using mail order sales intermediating sites, it is necessary to impose more responsibility on mail order sales mediators although the responsibility may not be required to be at the level of mail order sellers such as internet shopping malls. Therefore, institutional supports are necessary to effectively protect consumers in the transactions using mail order sales mediating sites and to induce damaged consumers to actively file claims for compensations. In relation to this, the Collective Dispute Mediation System and the Consumer Group Litigation System under the Consumer Basic Act may become good examples. The consumers who have been subject to the same or similar damages in the transactions using mail order sales mediating sites should also be allowed to participate in the Collective Dispute Mediation under the Consumer Basic Act or actively utilize the Consumer Group Litigation System. Also, it is desirable to reflect these systems on 'the Act on Consumer Protection in E-Commerce etc' so that these systems can also be directly applied to the transactions using mail order sales mediating sites.

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Evaluating the Economic Damages to Anglers of the Marine Recreational Charter due to the Herbei Spirit Vessel Oil Spill (허베이 스피리트호의 기름유출에 따른 바다유어낚시어선 이용객의 경제적 손실평가연구)

  • Pyo, Heedong
    • Ocean and Polar Research
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    • v.36 no.3
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    • pp.289-302
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    • 2014
  • This paper aims to evaluate the indirect economic damages to anglers of the marine recreational charter caused by marine pollution associated with the Herbei Spirit vessel, which spilled 12,547 kl of crude oil in Taean coastal areas in December 2007. In order to evaluate the indirect cost to anglers of the charter fishing, consumer surplus for charter fishing is estimated using a Poisson model (PM), a negative binomial model (NBM), a truncated Poisson model (TPM), and a truncated negative binomial model (TNBM), which account for the characteristics of count data (non-negative discrete data), for individual travel cost method (ITCM). Because of over-dispersion problem in PM and TPM, NBM and TNBM are considered to be more appropriate statistically. All parameters such as income, fishing careers, travel cost and catch that are estimated are statistically significant and theoretically valid. Based on TNBM results, consumer surplus per trip and per person was estimated to be 277 thousand won, total consumer surplus per person and per year about 2.3 million won, and the marginal effect of consumer surplus on % changes in catch rate is about 33 thousand won. The consumer surplus was converted into total indirect economic damages for aggregation which are evaluated to be 125 billion won, reflecting the number of anglers and damage rate.

Research for the Consumer's Damage in Internet Shopping Mall -Fashion Goods on Internet Shopping Mall- (인터넷쇼핑몰 관련 소비자 피해에 관한 대응행동 -패션상품 구매를 중심으로-)

  • Chang, Hyun-Sun
    • Journal of Family Resource Management and Policy Review
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    • v.10 no.3
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    • pp.149-169
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    • 2006
  • As e-commerce is expanding rapidly, the consumer's damage in the e-commerce is also dramatically increased. This research was mainly focused on the consumer's damage experiences through the e-commerce, the consumer's behavior's when they were confronted with troubles, and the way to handle their damages in the e-commerce. This research was made with the intention of not only supplying the academic data on the consumer's damage but also understanding the consumer's basic behavior patterns in e-commerce. This research was supported by the surveys conducted to consumers who had previously experienced fashion e-commerce. Total 1230 questionnaires out of returned questionnaires were sampled for the final analysis. Main findings are as follows. 1) More than 90% of respondents answered that they had experienced troubles 2) Most consumers did complain their damages actively and tried to obtain proper cure from the seller.

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Research for the Consumer's Damage in Electronic Commerce (전자상거래에서의 소비자 피해에 관한 연구)

  • Chang Hyun-Sun
    • Journal of Family Resource Management and Policy Review
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    • v.9 no.4
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    • pp.41-61
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    • 2005
  • As e-commerce is expanding rapidly, the consumer's damage in the e-commerce is also dramatically increased. This research was mainly focused on the consumer's damage experiences through the e-commerce, the consumer's behavior's when they were confronted with troubles, and the way to handle their damages in the e-commerce. Main findings are as follows. 1) More than $90\%$ of respondents answered that they had experienced troubles at least once out of 49 troubles listed in the questionnaire. 2) Most consumers did complain their damages actively and tried to obtain proper cure from the seller. 3) Normally, they were used to adjust their purchasing behaviors to avoid the problems rather than actively taking advantage of the official authorities or private consumer organizations to solve the problems.

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A Study on the Protection for Consumer on Expending Overseas Direct Purchase -Focus on Guarantee System- (해외직접구매 증가에 따른 소비자보호 연구 -보증제도 중심으로-)

  • Park, Jong Hyun
    • International Commerce and Information Review
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    • v.17 no.2
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    • pp.173-197
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    • 2015
  • The development of IT expanded the scale of e-commerce, and grew large Internet shopping malls. As having raised the consumers' interest in overseas direct purchase(ODP) recently, the number and purchasing amount of ODP are constantly increasing. However, consumers need to pay attention to the potential problems which might happen by consumer's damage and conflict, as increasing the consumption through ODP. Because consumer's damages on utilizing ODP happen to the reason such as the trust problem between business and consumer due to the way which traded non face to face, non-compliance of goods delivery, returns, and refunds, and information asymmetry of items, a large number of consumer's damages in a wide range are much more likely to occur nowadays. The purpose of this study is to analyze the current state of ODP, and propose consumer damage's reduction and policy of the government through pre or post scheme for consumer damage's relief and consumer protection. As the compensation for consumer damages is actually inadequate, this study proposed a feasible alternative to the adoption of e-commerce insurance for both aggressive compensation and protection for consumer's damages and risk transfer and sustainable development of e-commerce.

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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.