• Title/Summary/Keyword: consumer law

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Providing and Utilizing Child Care by Grandmothers in South Korea : Grandmothers' and Employed Mothers' Relationship Experiences (손자녀 양육지원에 따른 조모와 취업모의 관계 경험 : 세대 간 지원 제공 및 수혜의 의미)

  • Lee, Jaerim
    • Journal of Families and Better Life
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    • v.31 no.2
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    • pp.1-24
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    • 2013
  • The purpose of this study was to understand the lived experiences of grandmothers who provide child care services to their grandchildren and employed mothers who utilize child care by grandmothers, with regards to their relationships while exchanging the specific type of intergenerational support. The data for this study came from 42 in-depth, individual interviews with 21 pairs of employed mothers who had at least one child younger than elementary-school age and their mothers or mothers-in-law who had provided child care on a daily basis for their grandchildren. Our phenomenological analysis revealed that the grandmothers felt uncomfortable and overwhelmed when caring for their grandchildren and that they considered this activity to be different from caring for their own children by nature. However, the grandmothers wanted to help their adult children based on their feeling of "boo-mo-ma-eum" (meaning parental heart, i.e., love or care). The employed mothers perceived that they were substantially dependent on the grandmothers by receiving help with child care and housework. Reliance on grandmothers was inevitable and beneficial to these mothers. Dynamic intergenerational living arrangements enabled the dependent relationships. The grandmothers set specific boundaries pertaining to current and future child care so that they would not take on too much responsibility for child care. The mothers used various strategies that contributed to stable child care support from the grandmothers. Providing financial remuneration was an important strategy that had symbolic relational meanings, such as expressing gratitude, rather than financial meanings.

Canadian Domain Name Arbitration (캐나다의 도메인이름중재제도)

  • 장문철
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.519-546
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    • 2004
  • On June 27, 2002 Canadian Internet Registration Authority (CIRA) launched dot-ca domain name dispute resolution service through BCICAC and Resolution Canada, Inc. The Domain name Dispute Resolution Policy (CDRP) of CIRA is basically modelled after Uniform Domain Name Dispute Resolution Policy(UDRP), while the substance of CDRP is slightly modified to meet the need of Canadian domain name regime and its legal system. Firstly, this article examined CIRA's domain name dispute resolution policy in general. It is obvious that the domain name dispute resolution proceeding is non-binding arbitration to which arbitration law does not apply. However it still belongs to the arbitration and far from the usual mediation process. Domain name arbitrators render decision rather than assist disputing parties themselves reach to agreement. In this respect the domain name arbitration is similar to arbitration or litigation rather than mediation. Secondly it explored how the panels applied the substantive standards in domain name arbitration. There is some criticism that panelists interprets the test of "confusingly similar" in conflicting manner. As a result critics assert that courts' judicial review is necessary to reduce the conflicting interpretation on the test of substantive standards stipulated in paragraph 3 of CDRP. Finally, it analysed the court's position on domain name arbitral award. Canadian courts do not seem to establish a explicit standard for judicial review over it yet. However, in Black v. Molson case Ontario Superior Court applied the UDRP rules in examining the WIPO panel's decision, while US courts often apply domestic patent law and ACPA(Anticyber -squatting Consumer's Protection Act) to review domain name arbitration decision rather than UDRP rules. In conclusion this article suggests that courts should restrict their judicial review on domain name administrative panel's decision at best. This will lead to facilitating the use of ADR in domain name dispute resolution and reducing the burden of courts' dockets.

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Time Resource Transfers of Married Couples to Their Parents on Decision-Making Power (배우자간 의사결정력에 따른 노부모로의 시간자원 이전)

  • Yoon, Won-Ah
    • Journal of the Korean Home Economics Association
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    • v.48 no.4
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    • pp.83-102
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    • 2010
  • This paper investigates whether intra-household bargaining power affects couples' caregiving decisions during instances of competing parental demands for assistance. The primary focus is on examining how partners' bargaining power influences the relative allocation of time resources between parents and parents-in-law, assuming that children prefer to transfer caregiving resources toward their own parents over their parents-in-law. The findings in this study reject the bargaining theory that couple's parental care behavior results from a bargaining process between the husband and the wife. More specifically, the results did not clearly show that children prefer to transfer caregiving resources toward their own parents over their parents-in-law. Decision-making power, measured by final decision-making authority, also failed to affect the relative care transfers.

A Legal and Systematic Study On Consumer Protection In Electronic Commerce (전자상거래에서의 소비자보호에 관한 법.제도적 연구)

  • Kwon, Sang-Ro
    • The Journal of the Korea Contents Association
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    • v.9 no.12
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    • pp.787-796
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    • 2009
  • The electronic commerce keeps going through a tremendous growth since the latter half of 1990's. But the consumer damages are being increased from characteristics such as non-confrontation, anonymity, internationality, unilaterality and possibility of temptation. Accordingly, this thesis has derived legal and systematic improvements for consumer protection in general as follows. First of all, it is necessary to extend the period to exercise the subscription withdrawal rights according to electronic commerce consumer protection law. Second, the electronic commerce has high possibility of causing errors by consumers because it is performed by non-confrontation and the accurate information must be provided to prevent errors in advance because it is not easy for consumers to prove their own errors. Third, a certification mark system on electronic agreement has to be adopted. Fourth, the legal, systematic and technological measures have to be adopted to prevent from having a sense of fear toward leaking or using personal information through a safe personal information management. Fifth, a strict supervision on internet trust mark is required. Finally, because the intervention or interference by a third party may take place through a hacking on messages or documents sent according to procedure in terms of online settlement, it is necessary to raise security on the system through a precise authentication between concerned parties.

A Study on Home Economist Education with Refrence to the Business Activities in Korea (가정학교육과 취업방안연구)

  • 한상순
    • Journal of the Korean Home Economics Association
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    • v.27 no.2
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    • pp.163-185
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    • 1989
  • Korean home economics education has around 100 years history. The main aims of home economics education up 1950 had not been changed, they were mainly for the improvement of household-skill to raise both standard of living and life quality as well as womanhood. After 1960's the standard of living drastically improved and the industrialization of Korean society was quite rapidly proceeded from simple to complex one. Because of these changes, I considered that the aims and the contents of home economics education should be reexamined and reshaped. This study motivated me that especially home economics major should be trained to be competent enough to work in industrialized society as much as the input to her college education. As industialization was made progress, family member's diverse role differentiation also occurred from past simple role such as house wife or girl's high school teacher among by home economics major. In this current societal change, most of the home economics major have wish to have opportunities obtaining new kinds of employment rather than obtaining merely teaching work. With this in mind I made a study on college level home economics education of the new adjustment to current and future industrialized Korean society. (1) The full number of officially admissible home economics major in 169 Korean colleges, 70 junior colleges, and one open university were as follows, 7139, 6080, and 230 respectively. The percentages of employed of employed numbers of them for the college and junior college graduates were 26.5 and 39.0 respectively. (2) The certificate qualifications issued to college home economics major are nutritionist (1st grade and 2nd grade), clothes and textilist, home economics teacher (2nd grade for high school) and kindergartener (2nd grade), The qualifications are certified after majoring each field from major departments of college of home economics by Ministrys of Labour and Education of the Korean government. The percentages of their employment are low as mentioned earlier. (3) To find out new employment opportunity for home economics graduates in home economist in business (henceforce/HEIB) status quo of consumer division for mational enterprise was surveyed. According to govermment decree of general law of consumer protection (1980), enterprise should organize bureau (offics, subdivision) on liability to consumer's complaint. Of 89.6% of the enterprise established th subdivision in which 96.2% of employee was male (3.8% was female). Of the employee college graduate and high school graduate were 93.2% and 6.8% respectively. On the employee's major acadmic backgroud (%), economics and business administration, engineering and low-political science were 39.5, 26.2 and 11.2 respectively. (4) To study on the relation between home economics and home economist in business, the aspect of historical development of HEIB, group of HEIB employing enterprise and their nature of business were tried to find out as well as perception and evaluation by enterprise on HEIB. (a) In the united States of America employed home economics major to enterprise was organized autonomously HEIB subdivision within American Home Economics Association since 1920's and the membership of HEIB was 3,000 of the AHEA membership 50,000. (b) In Japan the Japanese founder HEIB had three times the bilateral congress with the U.S.HEIB and had 10th anniversary celebration in 1988. Japanese HEIB member are not necessary to be home economics graduates but should have certificate as consumer adviser effected by the Minister of Trade and Industry. Japanese subdivision of consumer affaire within Japanese enterprise employ the consumer adviser with the certificate. Because of this different system from the United Sates, Japanese HEIB call their title "HEEB" instead of HEIB. The Japanese consumer adviser certificate system had initiated since 1980 and it belongs to 2nd level national qualification certificate. Currently active membership of Japanese "HEEB" association had increased from 115 (in 1979) to 319 in 1988. (5) For the opening of the future new employment of home economics graduates to enterprise and qualification required for the HEIB by national enterprise in Korea, I studied on the courses which seem to be important and required by employee in the field of HEEB in the United States of America and preliminary curriculum for home economics related major student aimning to be the future "HEEB" by Japanese HEEB study group of Japanese Association of Home Economics. It is suggested that it is very important and urgent to realize as home economics educator to have common deep concern and endeavors on opening new employment for our home economics major student1), we should try to publicize strongly and let enterprise and consumer protection board realize that employee in the subdivision of consumer protection should be the one who well experienced home economics major graduates2), we, home economics educator, should try to develop actively new curriculum in line of the suggestion made earlier for our future home economics major student of open broadly their future employment opportunities3), we, home economics educators, should try to have consensus on whether we should have support from government in terms of receiving national qualification certificate on consumer pretection or not4), and I would appreciate if the Korean Home Economics Association and Korean Home Management Society paydeep and positive concern on this matter.

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The Limitation of the Military Aviation Manufacturer's Liability (우리나라 군용항공기 제작사의 책임제한 해결방안에 관한 고찰)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.139-175
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    • 2017
  • The Assembly plenary session on December 3, 2017 passed a Product Liability Amendment bill that introduced clauses concerning consumer burden of proof and punitive damage reimbursement. More specifically, these newly approved provisions will reduce the burden of proof placed on consumers and levy triple punitive damage on suppliers. Significant increases in the number of product-liability lawsuit and the number of related insurance contracts are expected. Since military aircraft are designed for operational purpose(seeking greater combat effectiveness over greater safety) and used in high-risk environment, it is practically impossible to obtain an affordable product-liability insurance, Without having any backup plan, military aircraft manufacturers directly face all sort of liability risks under Product Liability Act, Warrant Liability Act and Non-Performance of Contract Act. The U.S. experienced similar problems when they first implemented their product-liability law in 1970s. There had been a big dispute among legal practitioner, insurance professionals and scholars concerning military aircraft manufacturer's liability. In order to settle the issue, the U.S. Supreme Court has established a new precedent of Government Contractor Defense(GCD). The U.S. government also included an indemnity clause for military aircraft manufacturers in their FMS Contract with the Korean government. Likewise, Korean military aircraft manufacturers should 1) clearly understand their current position that they cannot afford expensive product-liability insurance and the cost is not accounted in the military procurement calculation, 2) estimate potential liability risks with the ongoing overseas export expansion in mind, 3) set up appropriate risk management measures through regulatory reform and policy development.

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Hospice Medicine and Nursing Ethics (호스피스의료와 간호윤리)

  • Moon, Seong-Jea
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.385-411
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    • 2008
  • The goal of medicine is to contribute to promoting national health by preventing diseases and providing treatment. The scope of modern medicine isn't merely confined to disease testing, treatment and prevention in accordance to that, and making experiments by using the human body is widespread. The advance in modern medicine has made a great contribution to valuing human dignity and actualizing a manly life, but there is a problem that has still nagged modern medicine: treatment and healing for terminal patients including cancer patients. In advanced countries, pain care and hospice medicine are already universal. Offering a helping hand for terminal patients to lead a less painful and more manly life from diverse angles instead of merely focusing on treatment is called the very hospice medicine. That is a comprehensive package of medical services to take care of death-facing terminal patients and their families with affection. That is providing physical, mental and social support for the patients to pass away in peace after living a dignified and decent life, and that is comforting their bereaved families. The National Hospice Organization of the United States provides terminal patients and their families with sustained hospital care and home care in a move to lend assistance to them. In our country, however, tertiary medical institutions simply provide medical care for terminal patients to extend their lives, and there are few institutional efforts to help them. Hospice medicine is offered mostly in our country by non- professionals including doctors, nurses, social workers, pastors or physical therapists. Terminal patients' needs cannot be satisfied in the same manner as those of other patients, and it's needed to take a different approach to their treatment as well. Nevertheless, the focus of medical care is still placed on treatment only, which should be taken seriously. Ministry for Health, Welfare & Family Affairs and Health Insurance Review & Assessment Service held a public hearing on May 21, 2008, on the cost of hospice care, quality control and demonstration project to gather extensive opinions from the academic community, experts and consumer groups to draw up plans about manpower supply, facilities and demonstration project, but the institutions are not going to work on hospice education, securement of facilities and relevant legislation. In 2002, Ministry for Health, Welfare & Family Affairs made an official announcement to introduce a hospice nurse system to nurture nurse specialists in this area. That ministry legislated for the qualifications of advanced nurse practitioner and a hospice nurse system(Article 24 and 2 in Enforcement Regulations for the Medical Law), but few specific plans are under way to carry out the regulations. It's well known that the medical law defines a nurse as a professional health care worker, and there is a move to draw a line between the responsibilities of doctors and those of nurses in association with medical errors. Specifically, the roles of professional hospice are increasingly expected to be accentuated in conjunction with treatment for terminal patients, and it seems that delving into possible problems with the job performance of nurses and coming up with workable countermeasures are what scholars of conscience should do in an effort to contribute to the development of medicine and the realization of a dignified and manly life.

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The Ways to Develop the Arbitration Industry in Korea (한국 중재산업 발전 방안)

  • Yoon, Jin-Ki
    • Journal of Arbitration Studies
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    • v.28 no.4
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    • pp.3-42
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    • 2018
  • This paper aims to explore ways to develop the arbitration industry in Korea. The prospects for the promotion of the arbitration industry in Korea are never dim. International arbitration competitiveness is somewhat lower than its competitors at present, but the international economic base to support it is solid, and the domestic arbitration environment seems to be sufficient to support the development possibility of arbitration. Since geographical and economic factors have already been defined, Korea must at least improve the arbitration act with passion and vision for the best one. The arbitration act that is the most accessible to arbitration consumers is the best arbitration act. The important thing is to have an arbitration act that makes people want to use more than litigation or other dispute resolution procedures. There is no hope of remaining as a "second mover" in the field of arbitration law. One should have a will and ambition to become a "first mover" even if it is risky. Considering the situation of the current arbitration law, it is necessary to start an arbitration appeal system in order to become a consumer-friendly arbitration law, and it is necessary to examine ways of integrating the grant of execution clause and enforcement application procedures. The abolition of the condition of Article 35 of the Arbitration Act, which rules the validity of the arbitration award, will help promote international arbitration. Exclusion agreements of setting aside against arbitration awards must also be fully recognized. It is also important to publish a widely cited international arbitration journal. In order to respond to the fourth industrial revolution era, it is necessary to support the establishment of a dispute resolution system that utilizes IT technology. In order to actively engage the arbitrators in the market, it is necessary to abolish the regulations that exist in the Attorneys-at-Law Act. There is also a need to allocate more budget to educate arbitration consumers and to establish arbitration training centers to strengthen domestic arbitration education. It is also necessary to evaluate and verify the Arbitration Promotion Act so that it can achieve results. In the international arbitration market, competition is fierce and competitors are already taking the initiative, so in order not to miss the timing, Korea needs to activate international arbitration first. In order to activate international arbitration, the arbitration body needs to be managed with the same mobility and strategy as the agency in the marketplace. In Korea, unlike in Singapore and Hong Kong, it is necessary to recognize that the size of the domestic arbitration market is very likely to increase sharply due to the economic size of the country and the large market potential it can bring from litigation. In order to promote the arbitration industry, what is most important is to make arbitration activities in accordance with the principles of the market and to establish an institutional basis to enable competition. It is urgently required to change the perception of the relevant government departments and arbitration officials.

Study on the Development of Integrated Vibration and Sound Generator (휴대폰용 일체형 음향 및 진동 발생장치 개발을 위한 연구)

  • 신태명;안진철
    • Transactions of the Korean Society for Noise and Vibration Engineering
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    • v.13 no.11
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    • pp.875-881
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    • 2003
  • The received signal of a mobile phone is normally sensed through two independent means which are the sound generation of a speaker and vibration generation of a vibration motor. As an improvement scheme to meet the consumer's demand on weight reduction and miniaturization of a mobile phone, the design and development of an integrated vibration and sound generating device are performed in this research. To this purpose, the optimal shapes of the voice coil. the permanent magnet and the vibration plate are designed, and the excitation force applied to the vibration system of the new device is estimated and verified through theoretical analyses, computer simulation, and experiments using an expanded model. In addition, vibration performance comparison of the device with the existing vibration motor is performed, and from the overall process, therefore, the method and procedure for the vibration performance analysis of the integrated vibration and sound generating device are established.

New Packaging Technologies which the Future Society will Require (미래사회로 가는 메가트렌드가 요구하는 새로운 포장기술)

  • Kim, Jai-Neung;Lee, Youn-Suk
    • KOREAN JOURNAL OF PACKAGING SCIENCE & TECHNOLOGY
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    • v.11 no.2
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    • pp.115-121
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    • 2005
  • In this research, what megatrends will be derived for the future society and what new packaging technology will be required in the future were researched. Megatrends were researched in the five major categories, demographical, social, consumer, packaging related science and technology, governmental regulations and law trend. The six new packaging technologies were predicted, Active/Passive packaging technology, Intelligent Communication packaging technology, Nanotechnology packaging technology, Universal Convenience packaging technology, Environmental Friendly packaging technology, and Package Design technology.

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