• Title/Summary/Keyword: consumer damages

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A Case Study on imposing anti-dumping duty against Chinese Ceramic Tile (중국산 도자기질 타일 반덤핑관세부과 사례에 관한 연구)

  • Kim, Hee-Kil
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.337-364
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    • 2009
  • Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

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A Study on the Combined Equipment for the Pre-cooling and the Thawing using the Low Temperature Vacuum System (저온진공기술을 이용한 예냉 및 해동 겸용장치에 관한 연구)

  • 김성규;박영승;최현규;이정혜;김경근
    • Journal of Advanced Marine Engineering and Technology
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    • v.27 no.2
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    • pp.280-288
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    • 2003
  • We need refrigeration system which can maintain the freshness of agricultural products, because of being distance from a tiller to a consumer. Vacuum Pre-cooling system has an advantage in quality maintenance through vapid cooling down by using latent heat of evaporation of stored products. A number or thawing methods in current use have also several disadvantages in thawing time. discoloration mass loss caused by drying, capital costs and running cost. These damages are, it is claimed, either eliminated or improved by the vacuum thawing system. An experimental study on the pre-cooling for the bean sprouts and cabbage, and thawing for hairtail and croaker by the low temperature vacuum system were carried out. The cabbage cooling time with this Pre-cooling vacuum system took about 60 minutes to reach from $23.2^{circ}C to 4.5^{\circ}C$ at 5 mmHg abs. ($6.66\times10^{-4}$ MPa). The croaker thawing time with this low temperature vacuum thawing system took about 170 minutes to reach from $-10.3^{circ}C to -0.8^{\circ}C$ at 20 mmHg abs ($2.67\tiems10^{-3}$MPa). The vacuum Pre-cooling and thawing system have merits compared with present systems in their short intervals to cool down and to thaw without any quality losses.

Critical Overview on Changes of Judicial Precedents in the Medical Cases of Korea - In Relation with Forms of Judgments and Damages - (우리나라 의료판례 변화에 대한 비판적 고찰 - 판결양식과 손해배상액을 중심으로 -)

  • Shin, Hyun Ho
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.83-122
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    • 2014
  • Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient's own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients' rights and to prevent recurring medical accidents and also contribute to medical advances.

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A study on Internet user's protection (인터넷 이용자 보호에 관한 연구)

  • Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.16 no.8
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    • pp.157-164
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    • 2011
  • As a computer technology is combined with communication technology, information and communication technology developed rapidly. As a result, The number of internet users increased quickly. Ability of human in using information was epoch-making, and it was increased through the Internet on behalf of an information-oriented society. As an Internet user hereby spreads explosively, legislations were established and revised to protect Internet users and consumers however, it is certain that the damages of Internet users are still increasing day by day. The purpose of this paper is to protect internet users and to reform the system. Also each portal site should provide fair information, and be responsible for conclusion of a contract. After they subdivide into personal service style, and analyze every situation and problems, they should improve problems.

Using machine learning for anomaly detection on a system-on-chip under gamma radiation

  • Eduardo Weber Wachter ;Server Kasap ;Sefki Kolozali ;Xiaojun Zhai ;Shoaib Ehsan;Klaus D. McDonald-Maier
    • Nuclear Engineering and Technology
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    • v.54 no.11
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    • pp.3985-3995
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    • 2022
  • The emergence of new nanoscale technologies has imposed significant challenges to designing reliable electronic systems in radiation environments. A few types of radiation like Total Ionizing Dose (TID) can cause permanent damages on such nanoscale electronic devices, and current state-of-the-art technologies to tackle TID make use of expensive radiation-hardened devices. This paper focuses on a novel and different approach: using machine learning algorithms on consumer electronic level Field Programmable Gate Arrays (FPGAs) to tackle TID effects and monitor them to replace before they stop working. This condition has a research challenge to anticipate when the board results in a total failure due to TID effects. We observed internal measurements of FPGA boards under gamma radiation and used three different anomaly detection machine learning (ML) algorithms to detect anomalies in the sensor measurements in a gamma-radiated environment. The statistical results show a highly significant relationship between the gamma radiation exposure levels and the board measurements. Moreover, our anomaly detection results have shown that a One-Class SVM with Radial Basis Function Kernel has an average recall score of 0.95. Also, all anomalies can be detected before the boards are entirely inoperative, i.e. voltages drop to zero and confirmed with a sanity check.

The Influence of Perception and Attitudes of Inpatients Towards the Activation of Private Health Insurance (민간의료보험 활성화에 대한 입원환자의 인식 및 태도에 미치는 영향 - 서울시내 일개 종합병원을 대상으로 -)

  • Yoon, Soo-Jin;Kim, Seong-Ju;Yu, Seung-Hum;Oh, Hyohn-Joo
    • Korea Journal of Hospital Management
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    • v.13 no.1
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    • pp.24-41
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    • 2008
  • This research is aimed at analyzing and understanding the perception and attitudes of inpatients in a general hospital in Seoul towards the activation of private health insurance. Survey was conducted against 231 inpatients, results of which were analyzed in the methods of frequency analysis, chi square test, and logistic regression. The results are summarized as follows; First, better-educated population who finished college education at least, higher-income population, and people who had more knowledge about private health insurance showed more perception about activation of private health insurance. Second, better-educated population who finished college education at least, higher-income population, those who are insured in existing private insurance, oncological patients, and people who had more knowledge about private health insurance showed more positive attitude towards private health insurance paying for actual damages, long-term care insurance, and income security insurance. Third, age and education were the factors affecting perception about activation of private health insurance. The older the age is, perception was 1.035 times positive towards activation of private health insurance, and those who finished college education or above showed 3.148 times positive perception towards the same. Forth, surgical patients showed 1.087 times more positive attitude towards private health insurance paying for actual damages than internal medicine patients, while oncological patients showed 2.314 times more positive attitude than internal medicine patients. Further, understanding on the activation of private health insurance was 6.014 times higher in the higher understanding group than in the lower understanding group. Intention to use long-term care insurance was 2.692 times stronger in the male group than in the female group, and 3.616 times stronger in the oncological patients group than in internal medicine patients group. Further, understanding on the activation of private health insurance was 3.881 times deeper in the higher understanding group than in the lower understanding group. Intention to use income security insurance was 3.185 times stronger in those who have academic background of under the high school than those over the college, and 4.175 times higher in the group those whose monthly average income is over 4 million won than those under 4 million won. Also, intention to use income security insurance was 4.323 times higher in the group those who are insured by existing private insurances than those who are not insured by those insurances and it was 5.234 times higher in the group of oncological patients than in the group of internal medicine patients. Further, intention to use income security insurance was 3.559 times higher in the group those who thought that out-of-pocket money of the National Health Insurance is too much to bear than those it is quite endurable. Understanding on the activation of private health insurance was 4.875 times deeper in the higher understanding group than in the lower understanding group. There were some suggestions could be made based on the results of this research. First, reinforced publicity and education is needed for the low-educated or low-income group, as there are gaps in the understanding on the activation of private health insurance depending on the degree of education and income. Second, government should prepare administrative complementary measures to solve the problem of adverse selection by the consumer which is foreseen when private health insurances are activated. Third, government should suggest the desirable course of development of private health insurance items to ensure efficient use of enormous fund of private insurance market for health security of the people. Further, institutional complementary measures are needed to convert existing cancer insurances or specific disease insurances to private health insurances paying for actual damages guaranteeing against every kind of disease. Forth, it judged that, not only private health insurances paying for actual damages, but also long-term care insurances and income security insurances are prospective as fields to create fresh demand for insurance industry.

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Main Issues on the Insurer's Duty of Payment of Insurance Claim in English Insurance Law -Focused on the Revised Provisions in Insurance Act 2015 - (영국 보험법 상 보험자의 보험금지급의무와 관련한 주요 쟁점 - 2015년 보험법 상 개정내용을 중심으로 -)

  • SHIN, Gun-Hoon;LEE, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.125-145
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    • 2017
  • Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

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A Study on System Construction to the Product Liability Law-with focus on a small & medium business (제조물책임법에 대응하기 위한 시스템 구축에 관한 연구 -중소기업을 중심으로-)

  • Han, Min-Suk
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.6
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    • pp.596-608
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    • 2017
  • In 2002, the government arranged an institutional strategy to make it possible for a consumers to make a claim for damages caused by product defects against a business that produces and sells a product by enforcing the Product Liability Law(hereinafter referred to as 'PL'). On the other hand, due to the recent humidifier sterilizer accident, approximately 12 cases of related bills, such as a revised bill for the product liability law, have been proposed to the National Assembly at present in an effort to introduce the group action system and punitive compensation system for the purpose of the strengthening of the corporate product liability, and consumer damage relief. Ironically, as much as 62.6% of small & medium businesses, which are actual interested parties to this bill, are unaware of this. Many companies are responding to PL with the rationalization of document preparation & storage, clarification of responsibility relations with related business operators, and PL insurance policy purchase, or securing compensation funds as a means of Product Liability Defense(PLD), but the methods of preparation such as this leave much room for limits on the considerations of product design and product safety. This paper presents the individual management system model with more focus on product safety by looking into the clear concept of PL and the countermeasures against it, grasping the relevance between the PL system and individual management system, and integrating the PL response system in preparation for the PL. It is hoped that the result of this research objective will be evaluated as a rational countermeasure for small & medium businesses to respond effectively to the PL.

A Study on Level of Company-Consumer Identification on Company Rumor Impact and Effectiveness of Refutation countered the effect of the difference (기업-소비자 동일시 수준에 따른 기업루머에 대한 반박효과의 차이)

  • Choi, Tae-Ho;Hwang, Ji-MIn;Oh, Dae-Yang
    • Management & Information Systems Review
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    • v.31 no.4
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    • pp.261-286
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    • 2012
  • Rumors are widely prevalent in marketplace and It can be problematic and dangerous for the company's reputation and damages their image. Recently, many companies are given trouble by rumors. As getting invigorates the social media, there is high possibility to shape the vicious rumors without any confirmation whether information is true or not. It affects the companies' reputation and trust they have built for long time, also sales drop off. Despite numerous denials, the rumor persisted, keeping occur again and again all the times. Refutation purposes to decrease levels of belief in a rumor. First, establish Study 1 that a variation in identification influences the impact of a rumor on individuals' beliefs. Furthermore, we analyze the effectiveness of a refutation under varying degree of one's level of identification with the rumor object. According to research result, the response pattern of identification and disidentificaion consumers are very different. Disidentifiers, who engaged in systematic processing, believed the rumor less only when the refutation contained strong arguments. Identifiers, processing heuristically, remained unbelieving in the rumor. Study found that identification is an important moderator of consumer response to negative rumors. These defensive processes alleviate the bad influence of that information, and also can reduce the likelihood of attitude degradation.

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A Study of Pace Strategy & Correlation of Product Liability Management Activity, Enterprise Value (제조물책임(製造物責任) 관리활동(管理活勳)과 기업가치(企業價値)간의 상관관계 및 대응전략(對應戰略) 연구)

  • Min, Dong-Seong;Chang, Seog-Ju;Park, Roh-Gook
    • 한국벤처창업학회:학술대회논문집
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    • 2008.11a
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    • pp.285-334
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    • 2008
  • The manager of manufacturing industry just not to have known to do related to the law of Product Liability that was put into operation in July 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. The economic effects by the law of Product Liability are the increase of consumers relief production cost by the lawsuits. Product liability as a process has developed significantly in the United Kingdom and the United States of America. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products. However, there are limitations in the fact that research theories are only able to present a theoretical model and directions. In this context, managers and personnel of multiple companies cannot adequately respond to the recently enforced Product Liability Act. The major findings are summarized as Product Liability Management Activity are positively Correlation of Enterprise Value.

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