• 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.

• 한국경영정보학회:학술대회논문집
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• 2007.06a
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• pp.699-704
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• 2007

In this study, we examine why there exist different legal systems in electronic commerce or online financial trading. When a fraud online transaction occurs and the online customer disputes the transaction, the online customer takes responsibility for the proof of her/his argument in many European countries while in the U.S., the burden of proof lays on the firm. This paper analyzes how these two different legal systems exist and how these can be applied to electronic commerce law. In particular, this paper intends to find the optimal level of e-commerce firms' investment on security and analyzes how security investments can be related to firm's profits and consumer's welfare depending on IT infrastructure and social trust environment. More on, this paper can be contributed to provide guidelines for regulatory framework on ecommerce online transactions and discuss social welfare implications.

• Proceedings of the KIEE Conference
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• 2002.07a
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• pp.28-30
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• 2002

The increasing application of electronic equipment has heightened the interest in power quality in recent years because there are economic impacts on utilities, customers, and suppliers of load equipment. The power quality would impose result in severe damage on many industrial customers. As having been supplied many kinds of electronic devices such as computer and communication equipment, automation equipment and various kinds of control devices etc., it comes to be more and more difficult to maintain the clean power quality. According to the restructuring in electricity industry the power quality may be treated as goods as contract terms and regulation elements between power supplier and consumer in the near future. Under the above environment, the power quality should be monitored for all day long with appropriate devices which is possible to measure and record the associated power quality data to prove each responsibility for the impacts when disputes arise due to power quality problems power quality problems are occurred. In this paper the authors propose some functions to be considered and system configuration to monitor the associated power quality elements in developing the web based power quality monitoring system.

• Journal of Information Technology Applications and Management
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• v.23 no.1
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• pp.1-23
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• 2016

Social commerce (s-commerce) is a subset of e-commerce and uses social media for social interactions. Although s-commerce has been rapidly growing, disputes between some s-commerce firms and their consumers often occur over issues such as poor customer services, incorrect product information, and late refunds. In order for s-commerce to continuously grow, s-commerce firms need to build consumer-trust in their transaction process to minimize their consumers' uncertainty. The purpose of this study is to examine the relationships between the multidimensional trust (ability, integrity, benevolence) and the intention of continuous use of s-commerce. Moreover, this study presents antecedent factors needed for trust-building by applying the characteristics of s-commerce, and verifies the relations between the variables. We test and validate the research model and related hypotheses using structural equation modeling based on a survey done on 428 people who have previous experience with s-commerce. The result shows that trust has positive effect on the intention of continuous use, and verifies the necessity of the antecedent factors (social presence, assurance, informativeness, economic feasibility, and seller reputation) for trust-building. This study provides strategy for the continuous growth of s-commerce, and suggests theoretical implication that explains the relationship between the characteristics of s-commerce and consumers.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.167-187
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• 2007

As Korea has reached a free trade agreement with the United States of America, it is required to provide an appropriate procedure to ".kr" domain name disputes based on the principles established in the Uniform Domain Name Dispute Resolution Policy(UDRP). Currently, Internet address Dispute Resolution Committee(IDRC) established under Article 16 of the Act on Internet Address Resources provides the dispute resolution proceedings to resolve ".kr" domain name disputes. While the IDRC's proceeding is similar to the UDRP administrative proceeding in procedural aspects, the Domain Name Dispute Mediation Policy that is established by the IDRC and that applies to disputes involving ".kr" domain names is very different from the UDRP for generic Top Level Domain (gTLD) in substantial aspects. Under the Korea-U.S. Free Trade Agreement(KORUS FTA), it is expected that either the Domain Name Dispute Mediation Policy to be amended to adopt the UDRP or the IDRC to examine the Domain Name Dispute Mediation Policy in order to harmonize it with the principles established in the UDRP. It is a common practice of cybersquatters to warehouse a number of domain names without any active use of these domain names after their registration. The Domain Name Dispute Mediation Policy provides that the complainant may request to transfer or delete the registration of the disputed domain name if the registrant registered, holds or uses the disputed domain name in bad faith. This provision lifts the complainant's burden of proof to show the respondent's bad faith because the complainant is only required to prove one of the three bad faiths which are registration in bad faith, holding in bad faith, or use in bad faith. The aforementioned resolution procedure is different from the UDRP regime which requires the complainant, in compliance with paragraph 4(b) of the UDRP, to prove that the disputed domain name has been registered in bad faith and is being used in bad faith. Therefore, the complainant carries heavy burden of proof under the UDRP. The IDRC should deny the complaint if the respondent has legitimate rights or interests in the domain names. Under the UDRP, the complainant must show that the respondent has no rights or legitimate interests in the disputed domain name. The UDRP sets out three illustrative circumstances, any one of which if proved by the respondent, shall be evidence of the respondent's rights to or legitimate interests in the domain name. As the Domain Name Dispute Mediation Policy provides only a general provision regarding the respondent's legitimate rights or interests, the respondent can be placed in a very week foundation to be protected under the Policy. It is therefore recommended for the IDRC to adopt the three UDRP circumstances to guide how the respondent can demonstrate his/her legitimate rights or interests in the disputed domain name. In accordance with the KORUS FTA, the Korean Government is required to provide online publication to a reliable and accurate database of contact information concerning domain name registrants. Cybersquatters often provide inaccurate contact information or willfully conceal their identity to avoid objection by trademark owners. It may cause unnecessary and unwarranted delay of the administrative proceedings. The respondent may loss the opportunity to assert his/her rights or legitimate interests in the domain name due to inability to submit the response effectively and timely. The respondent could breach a registration agreement with a registrar which requires the registrant to submit and update accurate contact information. The respondent who is reluctant to disclose his/her contact information on the Internet citing for privacy rights and protection. This is however debatable as the respondent may use the proxy registration service provided by the registrar to protect the respondent's privacy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.1013-1032
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• 2000

At present, the scale of Electronic Commerce through internet has been rapidly increasing due to the development of information & communication technology, and aggregated to 2.4 billion dollar in America last year (1998). The market scale of worldwide electronic commerce is also presumed to be about 130 billion dollar in 2000, and to occupy more than 20% of the whole world trade in world 2020. Since the right of trademark, despite of being effective only in registered nations on the principle of territorialism, is unified on the cyber space of internet without domestic barrier or local limitation which make it easier to conduct the distribution of information rapidly through the address-internet domain name, those are very important that the systematic dispute-solving plan on problems such as decision of its Act and international jurisdiction to be established, in an effort to prevent the newly emerging dispute instances such as trademark infringement and improper competitiveness. In addition, it is natural that on the threshold of the electronic commerce age which formed with an unified area without the worldwide specific regulation, each country including us makes haste with the enactment of "electronic commerce Act" aiming at coming into force in 1999, in keeping with getting through "non-tariff law on electronic commerce" by U. S. parliament on May, 1998. In view of the properties of electronic commerce transactions through internet, there are the large curtailment of distributive channel, surmounting of restrictions on transaction area, space and time and the easy feedback with consumer and the cheap-required capital, from which the problems may arise - registration of trademark, the trademark infringement of domain name and the protection of prestigious trademark. Therefore, it is necessary to take the counter-measure, with a view of reviewing the infringement of trademark and domain name and the instances of each national precedent and to preventing the disputes. The improvement of the persistent system should be needed to propel the harmonious protection of those holding trademark right's credit and demanders' expectant profit by way of the righteous use of trademark.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.75
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• pp.199-224
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• 2017

As Multi-National Enterprises expanded their investments to foreign countries, numerous controversies and disputes arose from their negative impacts, such as violations of human rights and damage to the environment of the host countries. In response, International Organizations such as the OECD have considered various ways to prevent these negative impacts and search for more efficient dispute resolution methods. It is recognized that the OECD Guideline is one of the tools they created for this purpose. The OECD Guideline is contrastable from Corporate Social Responsibility (CSR) initiatives which are regarded as a corporation's charity activities apart from their core business functions. However, Responsible Business Conduct (RBC) like the OECD Guideline can be understood as a concept moving forward from CSR, due to its requirements that corporations carry out their duties in a responsible manner within the field of their core business, such as tax, global supply chain or consumer protection. RBC which is binding in nature, has even been implemented through legislation in developed countries such as the USA, France, Switzerland, and the UK. The discussion in Korea, however, has not reached that level. Discussions for legislation center singularly on CSR efforts, with a dialogue only recently forming around the topic of legislation concerning RBC. Small and medium sized enterprises (SMEs) who lack certain financial and other resources to adequately develop RBC initiatives may find this more obstacles to implementation through legislated RBC, than if it were presented in Korea through other means. It's necessary to admit that RBC is a critical issue in international business. However, time is required to consider its application directly to SMEs.

• Transactions of the Korean Society for Noise and Vibration Engineering
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• v.23 no.11
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• pp.982-986
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• 2013

The noise emitted from construction machinery has long been a cause of environmental disputes, especially to the nearby residents. In 2008, the Ministry of Environment adopted the construction machinery noise labeling system to encourage the development of the low noise construction machinery. After the implementation of the noise labeling system of the construction machinery, the noise emitted from the construction machinery has been decreased over the six years. But, as the quality of life improves, a growing number of people desire more comfortable and quite living environment. Under the situation, new systems like the low noise labeling system are considered to encourage the development of the low noise construction machinery. In accordance with the low noise labeling system, the construction machinery satisfying the standard of low noise are qualified to attach the low noise label in front of the products. Thus, the product qualified the low noise certification will be incentivized by the choice of the consumer. In this paper, we have studied the necessity of the low noise labeling system for the construction machinery and the considerations to adopt the low noise labeling system of construction machinery. And we have studied appropriate criterion to judge the low noise construction machinery. The considerations studied in this paper will be helpful to adopt the low noise labeling system of construction machinery in the future.

• Journal of Digital Convergence
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• v.8 no.2
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• pp.147-160
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• 2010

Internet shopping mall business has taken its place as a major form of e-commerce and is evolving constantly. At the same time, disputes of various kinds are also arising in proportion to the evolution. A typical example is when a consumer purchased a product from an internet shopping mall and the seller wants to cancel or withdraw the sales contract saying that he miswrote the price or other important information when posting the product on the internet. It's about the error on the seller's part. Civil Law Chapter 109, legal principles on errors, appears to assume the case of natural declaration of intention. It was observed that legal principles on errors defined by the Civil Law are also applied in internet shopping malls, where declaration of intention is made electronically. In transactions involving internet shopping malls, where the seller's indication and advertisement constitutes an inducement to offer, the seller may cancel a contract concluded by the consumer's offer and the seller's acceptance if the seller finds errors on his part, and adequacy of the cancellation should be judged depending on specific cases. That is, the judgment of the important ground that comprises prerequisites for cancellation and presence of negligence may depend on how much difference there is between the normal price and the posted price on a specific case. Also, considering the cases where negligence was not perceived on the seller's miswriting of the price, the seller may cancel the transaction in a similar situation.

• International Commerce and Information Review
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• v.16 no.4
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• pp.79-102
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• 2014

A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.