• Title/Summary/Keyword: consumer damages

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A study on ICO-based fund investment (ICO 기반 자금 투자에 대한 연구)

  • Yoo, Soonduck
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.19 no.5
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    • pp.25-32
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    • 2019
  • The purpose of this study is to investigate how to make a proper investment in ICO in the market. Previously, companies used to borrow money from banks or to obtain investments from venture capital (VC) and angel investors, but now ICOs are used as a new type of funding and financing model. The ICO sells the tokens or coins created on the blockchain openly online to raise the necessary funds, and provides the market value by paying the tokens or coins as much as the investment amount. According to this study, the limitations of the ICO market are (1) difficulties in evaluating the company, (2) uncertainties in investments, (3) lack of legal safeguards, and (4) measures to secure corporate stability after recruitment. At present, there is no way to cope with this systematically since the ICO is not protected in the legal framework. Nevertheless, we investigated the ways to make proper investment in the existing ICO market. In investing in ICO, investors should (1) consider investment methods and profitability, and (2) verify and judge investment fraud through various channels (ex. Homepage, composition team profile, etc.) and make investments based on this. This study will contribute to the formation of a healthy ICO market by understanding the newly emerged ICO market and studying the considerations when investing in it, thereby contributing to the right investor training and reducing the mass production of consumer damages caused by fraud. The limitation of this study is that the domestic ICO has not yet been examined in the legal framework, so further research is needed when policy changes occur in the future.

Review of 'Nonperformance of Obligation' and 'Culpa in Contrahendo' by Fail to Transport - A Focus on Over-booking from Air Opreator - (여객운송 불이행에 관한 민법 상 채무불이행 책임과 계약체결상의 과실책임 법리에 관한 재검토 - 항공여객운송계약에 있어 항공권 초과판매에 관한 논의를 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.113-136
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    • 2020
  • Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

A Study on the Characteristics and Vitalization Strategy for the Multi-Complex Shopping Mall (복합쇼핑몰 활성화 방안에 관한 사례연구)

  • Cha, Seong Soo;Park, Cheol
    • Journal of Distribution Research
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    • v.17 no.5
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    • pp.129-146
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    • 2012
  • Recently, Korea became the 7th country in the world which has got into the 20-50 clubs that means the population is 50 million and per capital income is $20,000. From the view point of the retail industry, it suggests that Korea should have its own self-sufficient market by itself. With abundant labor and increased disposable income, it made the consumer's needs change. Responding to the change, retail and F&B oriented retail malls are now starting to add culture, art and entertainment facilities in the configurations. Such complexity and variety of the shopping malls became trendy and many shopping complexes are scheduled to open in the near future across the country. Due to above reasons, it became the common trend to develop shopping complex all over the cities now. However, the history of the shopping mall in Korea is much shorter than developed countries such as America and Japan. Thereby, a lot of problems, trial and error have occurred in the process of developing and operating them. If development of shopping complex failed, it would return lots of damages to the stakeholder. Therefore, the corporations should develop the mall properly and government might support positively. In this study, we would like to propose on how all the mall should be developed and well managed and what are the ways for the vitalizing factors of the shopping complex after benchmarking other shopping mall cases. Through the case study, we realized that the most crucial factors for vitalizing shopping complex were interior design, merchandising and how well they operate the mall. In case of the failed shopping mall, developers sell each store to individual proprietors and never take care of them after they get the profit, which make it hard to have integrated marketing strategies. That causes the overall slump of the mall. Corporations developing the mall should operate it as well, so that it could be possible to make the mall consistently well managed and promoted. There is a certificate for the shopping mall expert in The States and Japan. However, we do not have this kind of certificate. In fact, if we judge the capability of a person who is involved in the shopping mall industry, we usually measure how many years they stick to the same industries and that is not equally the same as their competence. Therefore it is necessary to organize "Shopping Mall Associate" and introduce shopping mall license for the mall expert. Due to retail trends, we can easily see a lot of shopping facilities all over the cities but not every mall is able to be successful. We think it's essential that the government should certify the malls which are qualified for the design, merchandising and proficiency of the operation. For the qualified mall, the government could confer a benefit on the company such as reducing corporation taxes. In multi-complex shopping mall it is possible to make convenient for customers. However, if a mall failed to succeed, it would be disaster. To build a shopping complex, developers should invest huge money even take out loan so that many people would be connected to the project, which may affect their whole financial conditions. In addition, only qualified corporation should develop and operate shopping complex and the government must support and aid the developers in order to make a better shopping environment in which customers might be happy during their shopping experience.

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