• Title/Summary/Keyword: consumer damages

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

  • Min, Dong-Seong;Chang, Seog-Ju;Park, Roh-Gook
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.3 no.3
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    • pp.17-65
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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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The Analysis of Correlation Between COVID-19 and Seoul Small Business Commercial Districts (코로나 19와 서울 소상공인 상권의 상관관계 분석)

  • Kim, Jae-Ho;Kim, Jang-Young
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.25 no.3
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    • pp.384-388
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    • 2021
  • Currently, whether in a domestic or international sphere, many small businesses are suffering due to COVID-19. The grim reality is that several businesses are shutting down. While the national disaster relief grant was used to contain the damages by encouraging consumer spending, it has become difficult to prevent closures of small businesses. As of September 2020, more than 20,000 stores have closed in Seoul due to the COVID-19 pandemic. There has also been an increase in the number of people with depression caused by the COVID-19 blues. This issue is not only confined to Seoul in the Republic of Korea, but is influencing all other areas affected by the pandemic. As the number of COVID-19 patients increase, the number of open stores is decreasing steadily. The analysis of the correlation coefficient of Pearson, Spearman, and Kendall suggests a negative correlation between the number of COVID-19 patients and the number of stores in business.

A Study on the Operating Characteristics of the Aged ELCB according to the Overcurrent (노후화된 누전차단기의 과전류 동작 특성에 관한 연구)

  • Ye Jin Park;Sin Dong Kang;Jae-Ho Kim
    • Journal of the Korean Society of Safety
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    • v.38 no.5
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    • pp.1-7
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    • 2023
  • This study analyzes the operational characteristics of 311 aged and non-aged residual current circuit breakers (RCCBs) in low-voltage consumer contexts. It investigates the influence of external temperature and harmonics based on the rated current multiples. To simulate temperature variations, a convectional oven was used around the circuit breakers. Additionally, the generation of harmonic reference signals and data measurement for overcurrent experiments were conducted using NI SCXI, myDAQ, and LabVIEW. An observation revealed that as the ambient temperature increased, the operating time of RCCBs decreased in the time delay region. This was attributed to the faster response or bending of the bimetal, which is the tripping element. However, aged RCCBs encountered challenges with tripping outside the protective curve. The operating time of the circuit breakers exhibited an acceleration influenced by the order and content of harmonic currents, potentially leading to malfunctions. Aged RCCBs demonstrated faster operating times than their non-aged counterparts. However, the difference in operating time varied based on the manufacturer's and operating environment of the RCCBs. Frequent malfunctions of RCCBs can result in power outages. In cases where these circuit breakers fail to operate, they can lead to secondary damages, including electrical fires and shocks. Consequently, it is imperative to consider the operating environment of RCCBs and provide appropriate replacement cycles to mitigate these risks.

Neurotechnologies and civil law issues (뇌신경과학 연구 및 기술에 대한 민사법적 대응)

  • SooJeong Kim
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.147-196
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    • 2023
  • Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.

Article 61bis of the Aviation Business Act and the Legal Principles for the Aviation Consumers Protection - Comparison with the U.S. "Tarmac Delay Rule" - (항공사업법 제61조의2 신설과 항공소비자 보호 법리 -미국의 "Tarmac delay rule"과 비교를 중심으로-)

  • Baek, Kyeong-Won;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.169-195
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    • 2020
  • With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

A Study on the Critical Success Factors of Social Commerce through the Analysis of the Perception Gap between the Service Providers and the Users: Focused on Ticket Monster in Korea (서비스제공자와 사용자의 인식차이 분석을 통한 소셜커머스 핵심성공요인에 대한 연구: 한국의 티켓몬스터 중심으로)

  • Kim, Il Jung;Lee, Dae Chul;Lim, Gyoo Gun
    • Asia pacific journal of information systems
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    • v.24 no.2
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    • pp.211-232
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    • 2014
  • Recently, there is a growing interest toward social commerce using SNS(Social Networking Service), and the size of its market is also expanding due to popularization of smart phones, tablet PCs and other smart devices. Accordingly, various studies have been attempted but it is shown that most of the previous studies have been conducted from perspectives of the users. The purpose of this study is to derive user-centered CSF(Critical Success Factor) of social commerce from the previous studies and analyze the CSF perception gap between social commerce service providers and users. The CSF perception gap between two groups shows that there is a difference between ideal images the service providers hope for and the actual image the service users have on social commerce companies. This study provides effective improvement directions for social commerce companies by presenting current business problems and its solution plans. For this, This study selected Korea's representative social commerce business Ticket Monster, which is dominant in sales and staff size together with its excellent funding power through M&A by stock exchange with the US social commerce business Living Social with Amazon.com as a shareholder in August, 2011, as a target group of social commerce service provider. we have gathered questionnaires from both service providers and the users from October 22, 2012 until October 31, 2012 to conduct an empirical analysis. We surveyed 160 service providers of Ticket Monster We also surveyed 160 social commerce users who have experienced in using Ticket Monster service. Out of 320 surveys, 20 questionaries which were unfit or undependable were discarded. Consequently the remaining 300(service provider 150, user 150)were used for this empirical study. The statistics were analyzed using SPSS 12.0. Implications of the empirical analysis result of this study are as follows: First of all, There are order differences in the importance of social commerce CSF between two groups. While service providers regard Price Economic as the most important CSF influencing purchasing intention, the users regard 'Trust' as the most important CSF influencing purchasing intention. This means that the service providers have to utilize the unique strong point of social commerce which make the customers be trusted rathe than just focusing on selling product at a discounted price. It means that service Providers need to enhance effective communication skills by using SNS and play a vital role as a trusted adviser who provides curation services and explains the value of products through information filtering. Also, they need to pay attention to preventing consumer damages from deceptive and false advertising. service providers have to create the detailed reward system in case of a consumer damages caused by above problems. It can make strong ties with customers. Second, both service providers and users tend to consider that social commerce CSF influencing purchasing intention are Price Economic, Utility, Trust, and Word of Mouth Effect. Accordingly, it can be learned that users are expecting the benefit from the aspect of prices and economy when using social commerce, and service providers should be able to suggest the individualized discount benefit through diverse methods using social network service. Looking into it from the aspect of usefulness, service providers are required to get users to be cognizant of time-saving, efficiency, and convenience when they are using social commerce. Therefore, it is necessary to increase the usefulness of social commerce through the introduction of a new management strategy, such as intensification of search engine of the Website, facilitation in payment through shopping basket, and package distribution. Trust, as mentioned before, is the most important variable in consumers' mind, so it should definitely be managed for sustainable management. If the trust in social commerce should fall due to consumers' damage case due to false and puffery advertising forgeries, it could have a negative influence on the image of the social commerce industry in general. Instead of advertising with famous celebrities and using a bombastic amount of money on marketing expenses, the social commerce industry should be able to use the word of mouth effect between users by making use of the social network service, the major marketing method of initial social commerce. The word of mouth effect occurring from consumers' spontaneous self-marketer's duty performance can bring not only reduction effect in advertising cost to a service provider but it can also prepare the basis of discounted price suggestion to consumers; in this context, the word of mouth effect should be managed as the CSF of social commerce. Third, Trade safety was not derived as one of the CSF. Recently, with e-commerce like social commerce and Internet shopping increasing in a variety of methods, the importance of trade safety on the Internet also increases, but in this study result, trade safety wasn't evaluated as CSF of social commerce by both groups. This study judges that it's because both service provider groups and user group are perceiving that there is a reliable PG(Payment Gateway) which acts for e-payment of Internet transaction. Accordingly, it is understood that both two groups feel that social commerce can have a corporate identity by website and differentiation in products and services in sales, but don't feel a big difference by business in case of e-payment system. In other words, trade safety should be perceived as natural, basic universal service. Fourth, it's necessary that service providers should intensify the communication with users by making use of social network service which is the major marketing method of social commerce and should be able to use the word of mouth effect between users. The word of mouth effect occurring from consumers' spontaneous self- marketer's duty performance can bring not only reduction effect in advertising cost to a service provider but it can also prepare the basis of discounted price suggestion to consumers. in this context, it is judged that the word of mouth effect should be managed as CSF of social commerce. In this paper, the characteristics of social commerce are limited as five independent variables, however, if an additional study is proceeded with more various independent variables, more in-depth study results will be derived. In addition, this research targets social commerce service providers and the users, however, in the consideration of the fact that social commerce is a two-sided market, drawing CSF through an analysis of perception gap between social commerce service providers and its advertisement clients would be worth to be dealt with in a follow-up study.

Recent Trends in Compensation for Mental Anguish of Airline Passengers (항공여객의 정신적 손해배상에 관한 최근 동향 - 미국 연방법원 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.33-62
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    • 2020
  • The current air transportation industry is facing a lot of changes not only in the quantitative growth of the market, but also in the legal aspects. For many years, the Warsaw Convention has contributed to the uniform discipline of civil carriers' legal liabilities arising from international aviation accident and has fulfilled the duties of legal guardians for the development of the air transport industry. In the process, however, the consumer interests of the air transport industry did not have much protection compared to other industries. In response, the Montreal Convention has effected for protecting the interests of aviation consumers, and there are numerous legal changes around the world to protect aviation consumers like passengers. The mental damages of airline passengers arising from the accident can also be understood as part of the protection of air consumers. Considering that the US Federal Court has dealt with the recognition of mental damages for air passengers since the early 1990s. However, Korean judicial precedent still excludes mental anguishes from the scope of damage compensation. From this point of view, it is considered academically meaningful to analyze the latest case of the US federal court. Recently, the United States Court of Appeal for the Sixth Circuit in Doe v Etihad Airways applied a different interpretation against the traditional opinion: passengers could not recover for mental distress unless that mental distress resulted from a bodily injury sustained in an airplane accident. The background of the court's conclusions can be explained in many ways, among other things, unlike the Warsaw Convention the new international rule, Montreal Convention is recognizing the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution.

Quality Monitoring for Domestic Distributing Engine Oil (국내 유통 엔진오일 품질 모니터링)

  • Lim, Young-Kwan;Lee, Eun-Yul;Lee, Kyoung-Mook;Na, Yong-Gyu;Kim, Jong-Ryeol
    • Applied Chemistry for Engineering
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    • v.29 no.3
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    • pp.289-297
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    • 2018
  • The vehicle lubricant has captured 35% of the total lubricant market while the engine oil possessed 77% of the vehicle lubricant market in Korea. The suitable quality management of circulating engine oil is thus required for the driver and engine protection. But, KS and synthetic engine oil products (containing over 30% synthetic oil) are exempt to any quality inspections under Petroleum and Alternative Fuel Business Act. In this study, our research group investigated the quality monitoring of 30 kinds of domestic distributing synthetic engine oils. Two kinds of the engine oil showed an off specification from the test results; one engine oil is an imported and the other is a KS synthetic one. Also, the pattern of engine oils were analyzed using SIMDIST (simulated distillation) and the most engine oils had a broad carbon number spectrum, which is a typical of mineral oils except several imported products. Thus, we concluded that relevant laws for the proper quality management of synthetic oils and KS products are needed to be established for preventing consumer's damages.

Influence of Rice-Duck Farming System on Yield and Quality of Rice (벼논오리 방사가 쌀 수량 및 품질에 미치는 영향)

  • 강양순;김정일;박정화
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.40 no.4
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    • pp.437-443
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    • 1995
  • Concerns on use of excess amount of chemical fertilizier and pesticide in current farming system turns both of the producer and consumer of agricultural products to an organic farming which use a less chemicals and more natural manure. Rice-duck farming system is one of the strategy to meet the purpose and this experiment was carried out to find the effect of the rice-duck farming system on the quality and yields of rice. 20day-old rice seedling were mechanically transplanted in sandy-loam paddy field and 21 day-old ducks were raised from 3 weeks after transplanting with population of 30 heads per 10a. The plots were consists of reduce fertilizer(70%) with and without duck-raising. The conventional fertilizer treatment without duck-raising was used as check. The results obtained are summarized as follows. The weeds population of test plots which were raised with duck for 3 consecutive years was less than that of test plots without duck-raising, though a speciffic population of Echinochola crusgallis were increased. The weed control effect was higer in duck-raising than in check at the maximum tillering stage but, not at later stages of rice plant. It was found that the small animals and insects inhibiting in the rice field were reduced by duck-treatment, however, there were also damages of grass leaf roller at booting stage in the plots of duck-raising. In rice-duck plot, dark green leaf color were found: 41.8 of SPAD value than 38.6 of SPAD in check plot. Higher root activity and surface soil oxidation were also observed in rice-duck plot than check plot. 3% of the increase in yield was observed by duck-treatment. However, the expected increase of the palatability wsa not observed. This may be due to the unfavorable weather conditions during the rice growing in this expriment.

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The Concrete Classification and Registration for sUAS (현행 법률상 비사업용 소형무인비행장치 신고 및 식별표시의무 강화 규정 도입의 필요성)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.125-157
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    • 2019
  • Technological advancement and demand of sUAS (small Unmanned Aircraft System)are rapidly growing, which makes the current legal system unable to follow. Currently, Aviation Security Act and its subordinate law exclude the registration and certification for non-commercial purpose sUAS weighing less than 12kg. Despite this sUAS being the most popular model for consumer, there is no way to regulate them legally. When there is sUAS crash accident, the operator legally responsible for the occurrence damage cannot be identified. It has been an issue for a long time with the concrete classification and registration of sUAS, but it has not been introduced yet. It is obvious that damages caused by sUAS will be transferred not only to operators but also to third parties. Discussions on liability insurance for these sUAS are actively being held. But first, it is necessary to identify who will be responsible for the damage caused by the sUAS. In other words, even with the liability system established, without clarified operator the damage occurred cannot determine who is responsible. According to the cases of America and Germany, they have enforced the law of registration and identification obligated to 200g or 250g sUAS. Therefore, it is necessary to prepare regulations on concrete classification and registrations to identify for noncommercial purpose sUAS as soon as possible in Korea.