• 가족자원경영과 정책
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• 제11권4호
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• pp.21-36
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• 2007

As online shopping is expanding rapidly, the damages undergone by consumers are also dramatically increasing. This research mainly focused on the damages experienced through Internet shopping. The purpose of this study was to develop a standardized scale to measure damages sustained through an Internet shopping mall. A preliminary 35-item scale was developed through a literature review, and 1,230 consumers responded to an online survey using the preliminary scale. This research was supported by the surveys conducted on consumers who had previously shopped at an Internet fashion mall. This research was conducted with the intention of not only supplying academic data on the damage sustained by consumers, but also understanding the consumers' basic behavior patterns. Then a series of tests, such as test-retest, item-to-total correlation, Cron bach's reliability coefficient and factor analysis, were conducted using the survey data and a final scale with 26-items was constructed in the end. The damage sustained in Internet shopping malls scale for consumers consisted of three factors: 1. Trouble with safety 2. Trouble with payment and delivery; and 3. Trouble with after-sales services.

• 한국중재학회지:중재연구
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• 제27권4호
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• pp.199-222
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• 2017

Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

• 대한가정학회지
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• 제40권12호
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• pp.131-144
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• 2002

The purpose of this study was to identify the degree of experience and the consumer problem perception on its seriousness in relation to E-commerce in information society and how much consumers wanted to be provided with consumer information and education. The major findings of this study were as follows: 1. The consumers showed the highest degree of consumer information needs related to the protection of private information and the highest degree of consumer education needs related to consumerism/law/method of compensation for damages. 2. The consumers showed the highest level of anxiety at a time of e-commerce in to the total causal effect of the variables influencing consumer information needs and the variable of sex(male university students)showed the greatest total causal effect in relation to consumer education needs.

• 한국중재학회지:중재연구
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• 제19권1호
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• pp.99-119
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• 2009

In modern capitalistic society, the harmed consumers like consumer complaints etc. are increasing day by day being caused by mass production and mass consumption etc. These consumer damages can come out as many types, but can be the most typical form. If there is a majority of the small sum damage, being saved by legal procedures is a fact that many consumers renounce it for long time, lots of expense and the complexity of the process etc. So, the government enforces consumer groups suit and collective dispute mediation system revising Framework Act on consumer. Specially, collective dispute mediation system, one of the ADR, saves the harmed consumers and accomodates efficiency in management of consumer dispute settlement commission by dealing with it collectively if the same or similar damage without a legal procedure happens to a great number of consumers. However, collective consumer dispute mediation system also has a number of problems. Therefore, this thesis is looking into the function and procedure of the collective consumer dispute mediation system on Framework Act on consumer as well as its problems and ways of improving it.

• 한국중재학회지:중재연구
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• 제19권2호
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• pp.73-94
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• 2009

There are significant differences between disputes among enterprises and disputes between consumers and an enterprise. A majority of consumers may suffer from the same damages at the same time with small amount concerned and sometimes low chances for find the real cause. Among these distinctive features, the most significant characteristic in consumer-business disputes can be found in that consumers are in a disadvantageous position compared to businesses. When it comes to consumer policy, the biggest aim lies with turning back the damage a consumer is suffering into normalcy. In this regard, the Consumer Dispute Resolution System is the most essential among consumer policies. In Korea, the Collective Alternative Dispute Resolution (ADR) System was introduced to the Consumer Dispute Resolution System in 2007 in line with revision on the Consumer Basic Law. However, smooth damage redress for consumers is still not taking place. Against this backdrop, this report suggests that 'consumer arbitration' program should be introduced to the Consumer Dispute Resolution System as part of making good and smooth progress for consumer damage redress.

• 한국중재학회지:중재연구
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• 제18권3호
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• pp.139-163
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• 2008

The Collective Dispute Mediation was introduced to Korea with complement the Verbandsklage which was said to be poor at monetary compensation for consumers' damages. and The Collective Dispute Mediation also seems very likely to the class action, but one can resolve the dispute before filing a law suit under the Collective Dispute Mediation. The validity of the Collective Dispute Mediation is the same as the "settlement in court". After reaching the Collective Dispute Mediation, one may have a right to ask the compulsory execution. Under the Collective Dispute Mediation the damaged party must take part directly in the dispute, because the Collective Dispute Mediation is also included in the dispute resolution. Therefore a problem that how can the damaged consumer, who do not directly take part in the dispute process, get the remedy alternatively may arise. However, this problem is solved by Compensation Plan Letter which is described in the "Framework Act on Consumer". By the Compensation Plan Letter, the person who do not directly take part in the dispute process can be remedied ex post facto(Article 68). This thesis is study on The Function and Task of Collective Dispute Mediation in the Framework Act on Consumer in our state.

• 의료법학
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• 제13권2호
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• pp.179-214
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• 2012

There are two opinions on the legal characteristics of damages for non-pecuniary loss, a private sanctions theory and complementary function of damages for non-pecuniary loss, briefly. There is a close connection between the legal characteristics and the function of damages for non-pecuniary loss. The functions of damages for non-pecuniary loss are consist of satisfaction, prevention( sanctions) and complementation. Several cases of medical injury relief reported to Korea Comsumer Agency are categorized as follows, 1) cases of death after having an operation, 2) diagnosed with disability after a medical accident, 3) extended damages happening related to delayed diagnosis, 4) et cetera(a plastic surgery, a treatment with oriental medicine), and the damages for non-pecuniary loss in respect to each cases are examined. In the case of occurring death or disability, Korea Comsumer Agency has set up guidelines for assessment of damages for non-pecuniary loss by classifying into major and collateral violation for a duty of care. Furthermore, the damages for non-pecuniary loss in the case of all sorts of cancers, are assessed in accordance with the degree of responsibility subsequent to dividing cancer into good and poor prognosis. When it comes to a complementary function of damages for non-pecuniary loss in the actual work, it is hard to assess the damages as it is difficult to objectify non-pecuniary loss, such as emotional distress. Though compensation for damages is major legal characteristics of consolation money, preventing a damage(private sanctions) through consolation for a victim or sanctions against an assailant also has great significance. Therefore, it is necessary to approach flexibly for mutual agreement by considering specialty( concrete facts) of individual issue thoroughly. If considering this aging society that limits the possible age for work to 60 years old, it is needed to have a complementary function of consolation money in mind not to make it less meaningful for victims due to small sum of consolation money.

• 한국생활과학회지
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• 제14권4호
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• pp.577-592
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• 2005

This study analyzes the comsumer complaints that are listed on bulletin board (or Q & A page) of mobile game sites in order to search for comsumer problems in the contents of mobile games. This analysis includes 3,664 cases of complaints on 17 mobile game sites. The finding indicates that they can be categorized into 10 types of complaints: game errors, how to play, game quality, game capacity, fee inquiry, excessive fees, lack of information, refund, unfulfilment of promises, game support. The problems with the game itself account for 54.8% of total complaints, and unsatisfaction from game fees and others take up 25.5% and 19.7% respectively. Therefore, we suggest that first, the quality of mobile games and consumer education be improved, second, information about game fees be provided to consumers more sufficiently in a proper manner, and lastly pertinent regulations on consumer damages compensation and adhesion contracts be established.

• 한국중재학회지:중재연구
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• 제31권4호
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• pp.137-160
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• 2021

The customized cosmetics preparation management qualification system was implemented in March 2020, and it served to create jobs by developing professionals and vitalizing the cosmetics business. However, various problems such as high examination fees, suitability of questions, and utilization in industries are emerging. This paper attempts to prevent disputes that the system can cause and suggest ways to improve it by researching customized cosmetics, the industry status, and comparing foreign cosmetics laws. There is a kind of opinion that laws should be eased for this industry and the other opinion that expertise is necessary in this field because of safety. The system now has adverse effects due to a failure to adjust the difficulty of the exam. Cosmetics are not prescription-based, so they are routinely used. However, some toxic ingredients can cause side effects if they do not conform with certain standards. Also, it is difficult for a case to lead to lawsuits because most consumer damages related to cosmetics are individual. In addition, as e-commerce develops, there is a growing possibility of seeing more consumer damages. If safety and distribution issues, which experts are concerned about, escalate, the private dispute settlement system (among the ADR systems) should be activated as a resolution method.

• 대한가정학회지
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• 제25권1호
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• pp.93-104
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• 1987

The purpose of this study is to analyze the problems of present general clause to bring about consumer damages and to search for means to regulate general clause. For the purpose of this study, datas of the research on the actual condition about various trade general clause were used. And the research about various trade general clause was enforced by the government from September to December in 1984. The kind of general clause of an object of analysis is credit card, sales by visit, insurance trade, and travel intercession. As the result of analysis, many problems are found in every general clause and consumer damage by general clause are proved to be a serious state. As the means of the regulation of general clause, there are judicial regulation, administrative regulation, legislative regulation, and the establishment of a supervision committee of general clause. These four means must be cooperated mutually for the substantial regulation.