• Archives of Plastic Surgery
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• v.36 no.3
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• pp.262-268
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• 2009

Purpose: Recently medical dispute about plastic surgery is increasing rapidly as result of growing surgery itself due to high interest in appearance and advertisement of plastic surgery. So we want to find a way to prevent similar medical accident by making better solution of plastic surgery through case analysis of medical dispute. Method: 161 cases about plastic surgery asked for aid at Korea Consumer Agency and 41 cases judged at the court was surveyed and gender, location and kind of hospital, goal and kind of operation, making operation agreement or not, kind of damage, result of process, result of lawsuit was studied from 2004.1.1. to 2006.12.31. Result: Medical doctor have to explain about symptoms of disease, method of treatment, possibility of complication, prognosis to patients before therapy so they can make decision if they take operation by doctor or not. On this survey, among the patients who underwent re - operation or had complication, 88.1%(96 from 109 cases) of them didn't get enough explanation about possibility of complication before surgery They brought lawsuit insisting they would not undergo operation if they got enough explanation about possibility of complication and result of operation before surgery. Conclusion: It is advisable that doctor must observe the duty of explanation before surgery and respect the right to decide of patient, make operation agreement and put down concrete progress note and store the pre and post operative photo to avoid medical accident. It is also needed to have guideline of therapy, Code of ethics, organization which deals with medical dispute, reconsideration of law to control that.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.71-94
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• 2020

When a dispute or conflict occurs, standard methods for resolving them include resolution by trial or resolutions outside of courts. An alternative dispute resolution method called ADR that aims at remedying disputes instead of filing lawsuits is used commonly throughout the world, including the US and China. ADR, which is a remedy method outside of courts, includes negotiation, arbitration, or mediation between the concerned parties, and the arbitration system has several advantages. The Lemon Law is a consumer protection law of the United States that was enacted in 1975. This law prescribes that when specified quality standards are not met repeatedly due to defects in vehicles or electronic products, the manufacturer must provide exchanges or refunds to consumers. Korea also enacted a newly revised automobile management act, the Korea "Lemon Law," on January 1, 2019, which allows consumers to receive exchanges or refunds from the manufacturer if the same malfunction repeatedly occurs after purchasing a new automobile. There have recently been many cases of large fires occurring while driving import vehicles, causing huge public rage; therefore, interest is being focused on the revised automobile management act. Part 5-2 of the automobile management act was newly added to implement automobile exchange or refund arbitration systems. It is desirable to utilize the arbitration system to smoothly resolve automobile-related disputes that have recently increased significantly, and it is thus being used frequently for practical purposes.

• Journal of Arbitration Studies
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• v.25 no.3
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• pp.135-154
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• 2015

The European Union has adopted the ADR Directive and ODR Regulation in 2013 with the purpose to strengthen the e-commerce within the EU. Not covered by these legislations is the trade in the B2B sector. The author examines the question of whether online ADR under the currently applicable legal framework would be possible in Germany. At the center of his review is the possibility of an arbitration clause which refers exclusively to an online ADR scheme, may be included in the General Terms and Conditions of an online trader.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2016.05a
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• pp.263-264
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• 2016

Since 2000s in Korea, apartment building tended to become goods or assets rather than houses. Therefore, conflicts between supplier and consumer were aggravated, and the defect dispute has been increased rapidly. This dispute enlarges to defect lawsuit and it is social and economical matter. The landscape work in apartment building is main work for a resident that appearance and convenient facility which lawn, tree, fountain, chair, playground, and etc. A number of defects surround landscape work are important issue in defect lawsuit, but, a related research is a minority, and a regulation is incomplete. Therefore, this study is basic study for standard of landscape defect type. As case study on defect lawsuit, draw a landscape defect type in apartment building.

• Korean Journal of Human Ecology
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• v.23 no.1
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• pp.63-84
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• 2014

This study examined the contents of 'Adolescent's Consumption Life' unit in 12 Technology Home Economics textbooks used in the 2009 revised curriculum to analyze the contents of school consumer education. The main summary of this study is as follows: First, the contents of consumer education in the unit of 'Adolescent's Consumption Life' consisted of five criteria including the understanding of adolescent consumer, consumer's right and responsibility, reasonable purchase, resolution to consumer problems, and the formation of new consumption culture. Second, significant differences were found in the contents of consumer education among textbooks because basic concepts have been not been clearly defined yet. Third, essential content was either omitted or hard to understand. Thus, some contents elaborations were inappropriate for students' level. Fourth, there were some limitations in drawing interest and attention from learners and developing dispute resolution competence, since the textbooks mainly comprised the theory-oriented contents of consumer education. Fifth, cautious consideration needs to be taken with regards to clear understanding of basic concepts and systematic and consistent contents composition for coherent and organized school consumer education. These research findings are anticipated to provide basic information of Technology Home Economics textbooks to teachers, and will be utilized as basic data in organizing textbook contents or developing efficient teaching-learning programs for consumer education.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.271-310
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• 2006

In the situation of bringing out of social problem about the medical accident and medical dispute, from 1988 the enactment activity for a legislative bill on conciliation of dispute has promoted, a legislative bill on prevention and relief of medical accident was again proposed in December, 2005. This bill has been faced rough going in review process of National Assembly. Because the purpose of this legislative bill is the conciliation of interest of between medical service consumer and medical service supplier, an item of issues of law is no-fault compensation scheme. However, as no-fault compensation scheme runs counter to the principle liability with fault in our civil law, as expected, whether the inducement is valid or, if induced, the problem is not must be totally reviewed. First of all, the general of principle liability without fault and especially the medical system in foreign countries are reviewed, by reviewing an issue and the pros and cons of the inducement of no-fault compensation scheme, this article draws the conclusion. After all, considering that the necessity adapting Gefahrdungschftung in medical accident as much as other industrial fields exists, the many provisions of the principle liability without fault exists in civil law and special law of our law system, and no-fault compensation scheme let legislative purpose be, to what extent, achieved by conciliating patient and doctor, the inducement of principle liability without fault in medical field is reasonable in the aspect of politic and legal system.

• Journal of Legislation Research
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• no.44
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• pp.343-386
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• 2013

"Financial ADR" system in South Korea can be represented by so-called "Financial Dispute Resolution System", in which Financial Supervisory Service (FSS) and Financial Dispute Resolution Committee are the principal actors in operation of the system, and this is discussed as an "Administrative Financial ADR System". The system has over 10-year history since it was introduced in around 1999. Nonetheless, it was not until when financial consumer protection began to be highlighted after the 2008 financial crisis that Financial ADR system actually started to draw attention in Korea. This was because interest has been rising in "Alternative Dispute Resolution (ADR)" as an institutional measure to protect financial consumers damaged via financial transactions. However, the current discussion on the domestic Financial ADR system shows an aspect that it is confined to who is to be a principal actor for the operation of Financial ADR institution with main regards to reorganization of supervisory system. This article aims to embody these facts in an institutional model by recognizing them as a problem and analyzing the features of the Financial ADR system, thereby clarifying problems of the system and presenting the direction of improvement. The Korean Financial ADR system can be judged as "administrative model integrated model consensual model quasi-judicial model non-prepositive Internal Dispute Resolution (IDR) model". However, at the same time, it is confronted with a task to overcome the two problems; the system is not equipped with institutional basis for securing its validity in spite of the adopted quasi-judicial effect model; and a burden of operating an integrated ADR system is considerable. From this perspective, the article suggests improvement plans for security of validity in the current system and for expansion of industry-control ADR system, in particular, a system of prepositive IDR model. Amongst them, it suggests further plans for securing the validity of the system as follows; promotion to expand the number of internal persons and to differentiate mediation procedures and effect; a plan to keep a financial institution from filing a lawsuit before an agreement recommendation or a mediation proposal is advised; and a plan to grant suspension of extinctive prescription as well as that of procedures of the lawsuit.

• The Korean Journal of Health Service Management
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• v.14 no.1
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• pp.43-53
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• 2020

Objectives: The purpose of this study was to investigate the factors of importance in the medical field from the perspective of the consumer, using "Consumption Life Indicators in Korea." Methods: We examined the general characteristics, economic conditions, information acquisition, complaint-provoking experiences, cognitive score on dispute resolution, and factors affecting medical domain importance selection, using SAS 9.4. software. Results: It was found that "age" among general characteristics and "income" among economic conditions were important factors in selecting medical domain importance. Thus, it was possible to reaffirm the poor health of socioeconomically vulnerable people and their socioeconomic difficulties. Conclusions: The medical domain selection group needs the attention of the government, medical institutions, academia, consumer groups, community service groups and professional organizations, and needs substantial economic support and customized education.

• Journal of the Korean housing association
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• v.26 no.2
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• pp.67-79
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• 2015

As the Korean construction market in the apartment housing has changed to a housing consumer focused market, interest and importance on efficient use and management on existing buildings has increased rather than demand for new buildings. Interest of housing consumers on apartment house quality has increased in this market paradigm, and this spontaneously is connected to quality flaw related defect disputes and lawsuits that the importance of defect diagnosis has continuously increased. This defect diagnosis is directly connected to maintenance charges in defect dispute and lawsuit processes that rather objective and highly credible progress of duty is required. However, most defect diagnosis firms today that progress defect diagnosis are using different diagnosis methods and depend on the experience of experienced professionals that there is no standardized defect diagnosis process. Therefore, the purpose of this study is to provide common defect diagnosis process model for defect diagnosis firms utilizing the BPMN (Business Process Modeling Notation) modeling method. It is expected that this will contribute to professional and reliable task performances of concerned defect diagnosis workers. Furthermore, it is expected that design lawsuit damage will be substantially reduced by standardizing defect diagnosis processes.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.121-138
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• 2020

The O2O services in the healthcare sector have only been in full swing for about three years, and unlike existing O2O consumer goods, the scale and scope of the dispute are more complicated due to restrictions on medical treatment. In this study, O2O service platform operators and medical institutions' roles and responsibilities were redefined as a countermeasure for resolving disputes in healthcare O2O services and the laws for changing the transaction environment. A change in institutional mechanisms was proposed. This study looked at the types of consumer disputes related to healthcare O2O services as insufficient information problems, problems in the course of medical service implementation, problems with immunity provisions for platform operators, cancellations, and non-compliance with refunds. All the information generated during transactions in the healthcare sector was extensive in scale and included the most sensitive information among personal information, stressing the importance of ensuring security. The area that started in the O2O range before the medical institution visit also proposed a plan to establish a system for the delivery of proven information as a pre-medical person. The scale and growth will grow faster, given that consumers can experience the information they want anytime, anywhere they want. However, the platform broker's role, a link player, will become more important because consumers who use the service will have their first meeting with non-face-to-face product providers. On the other hand, service providers may have side effects of misleading consumers by providing false information or misleading consumers through exaggerated advertisements. The O2O service market is expected to expand beyond distribution and dining out to the entire industry. However, since it is challenging to check accurate statistics on the detailed market, various disputes and consumer protection measures will be required for each detailed market, and comprehensive leading solutions will be essential in the future.