• Title/Summary/Keyword: consumer legislation

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Online Dispute Resolution for Cross-Border Consumer Disputes (국경넘은 소비자 분쟁에 있어서 ODR)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.25 no.1
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    • pp.25-46
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    • 2015
  • Cross-border consumer disputes are on the increase as cross-border trade between consumers and businesses continues to grow. Cross-border consumer disputes are difficult to solve, because there are different languages, laws and institutions between the parties. These consumer disputes can be solved more easily by Online Dispute Resolution (ODR) in comparison with utilizing court processes. ODR is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). On 18 June 2013, the new legislation on Alternative Dispute Resolution and Online Dispute Resolution has been published - the "Directive on Consumer ADR and Regulation on Consumer ODR". The new legislation on ADR and ODR will allow consumers and traders to solve their disputes without going to court, in a quick, low-cost and simple way. The United Nations working group for online dispute resolution of cross-border electronic commerce transactions (UNCITRAL Working Group III) has been underway since 2010 to continue its work on procedural rules for ODR.

Global Perspectives of Organic Agricultural Industry -Growth, Trade & Standards-

  • Stehli, Vincent
    • Proceedings of the Korean Society of Organic Agriculture Conference
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    • 2001.10a
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    • pp.163-178
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    • 2001
  • The last few nears have seen significantly increased interest in organic food. Organic food is still a small but growing part of the food industry with an identity defined and protected by law. Its existence provides an element of consumer choice. To obtain consumer confidence and, product credibility and transparency in the organic market, organic legislation and certification is needed, To facilitate export of organic products, harmonization of the organic legislation is favoured. The IFOAM accreditation programme has already achieved very much in this respect. Several national regulation, such as the NOP(USA) and EC2092/91(European Union) have already complied with the IFOAM basic standards. But in many countries there is still a lack of national legislation on organic agriculture. Because of the fast globalisation, organic agriculture is facing major challenges for international trade, so it is very important to consider the future development and certification of organic produce in all countries.

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Proposals for New Regulations Concerning Consumer ADR and ODR and their Implications in the EU (EU의 소비자 ADR 및 ODR에 관한 새로운 규정 논의와 국내에의 시사점)

  • Son, Hyun
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.107-131
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    • 2013
  • Online-ADR (Alternative Dispute Resolution) has been receiving attention from the international community as a means of alternative dispute resolution for consumer disputes in both small and mass international e-commerce. The EU Parliament and the Council proposed the Online Dispute Resolution Regulation for Consumer Disputes (hereafter, "EU Consumer ODR Regulation") and the Directive on Alternative Dispute Resolution of Consumer Disputes (hereafter, "EU Consumer ADR Directive") as a legislative package, now scheduled to be adopted. Those efforts strengthen consumer protection by enhancing ODR in international e-commerce and improving of the functions of the e-commerce market. The EU Consumer ADR and ODR regulation package will operate in conjunction with the ODR platform as a single point across Europe, abandoning the ADR system of each member. Consumers and traders who need dispute resolution apply on the EU ODR platform linked website, and the applications are distributed to individual ADR institutions in accordance with the Rules and Procedure of ADR institutions in the respective country. Although there has been partial progress in Korea for ODR programs such as the establishment of the Online Administrative Trial and the procedures of individual ADR agencies operating through the website, existing norms do not fully support the system. At this point, we see many implications of the EU Consumer ADR and ODR regulation package on the direction chosen for domestic ADR and ODR policy and legislation. This study introduces the main features and content of the EU Consumer ADR Directive (draft) and ODR Regulation provisions, and describes the direction of domestic policy and legislation regarding Online-ADR.

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Fast, ethical and sustainable - The challenge for twenty-first century fashion producers -

  • Hann, Michael;Wang, Chaoran
    • The Research Journal of the Costume Culture
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    • v.24 no.1
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    • pp.114-117
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    • 2016
  • It is recognized that the global apparel market of the twenty-first century is largely profit driven, and that the majority of producers and retailers have sourced products from the lowest cost locations. Purchase tickets of fashion goods available from 'fast' fashion retailers (at least within the UK) refrain from providing the consumer with details of the full circumstances of production. It seems that the majority of major retailers and producers are not willing to engage in levels of self-regulation which could ensure that the products offered to consumers are ethically produced and offer acceptable levels of sustainability. Meanwhile many fashion consumers have the desire to purchase sustainable products, produced ethically by workers paid fair wages in safe working environments. Consumer demand could be a powerful tool to adjust the behaviour of manufacturers and buyers. This paper proposes the introduction of international legislation demanding greater degrees of transparency than exist currently and that the full sourcing and production details of fashion products are stated clearly on the product's purchase ticket within its retail setting. With the introduction of such legislation, consumers could thus be given the opportunity of purchasing goods which they feel accommodate their own views on ethical manufacture and sustainable products. In turn, consumer pressure could ensure indirectly that retail buyers consider all ethical and sustainable aspects of production when negotiating with garment producers/suppliers. Further to this, such a negotiating stance could ensure the improvement of the terms and conditions of employment of the numerous garment workers worldwide.

Advances in Food Irradiation and It's Potential Roles in Korea (한국에 있어서 식품조사 기술의 진보와 식품산업에서의 역할)

  • 권중호
    • Proceedings of the Korean Society of Food Hygiene and Safety Conference
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    • 1994.03a
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    • pp.35-49
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    • 1994
  • Based on the safety of irradiated foods which was demonstrated from the toxicological, microbiological and nutritional points of view, irradiation has been identified as a viable technology for food preservation and processing, having a potential both of reducing storage losses by controlling spoilage organisms, sprouting and ripening, and of improving hygienic quality of raw and processed products. Research and development over decades in the field of food irradiation have led to the regulatory approval in 37 countries and of them 25 countries including Korea are commercially utilizing food irradiation process. Although progress towards acceptance of food irradiation by the industry is slow, actual market trials have shown that once consumers have understood this technology, they are willing to buy irradiated foods. Considering recent advances in food irradiation and restrictions in the use of chemical fumigants, it is expected that food irradiation is in the process of "taking off". This paper deals with up-to-date progress in food irradiation with particular reference to domestic activities in legislation, consumer perception, commercialization, and potential applications in the food industry.

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Dispute Resolution in Internet International Consumer Transaction (인터넷을 통한 국제소비자거래에서의 분쟁 해소방안 - ODR을 통한 분쟁해결방안을 중심으로 -)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.249-275
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    • 2018
  • Today's Internet environment is growing rapidly, and transactions based on it are also rapidly increasing. E-commerce allows merchants and consumers in different countries to easily trade goods across borders. However, the increase in international consumer transactions through the Internet is accompanied by an increase in disputes. International consumer transactions are characterized by a distinction among long distance, small sum, and different jurisdictions. International consumer transactions cannot be solved only by way of resolving disputes in past international transactions. The best way to resolve disputes between international carriers and consumers is through the Internet. In this regard, UNCITRAL has been preparing to enact legislation on ODR as a solution to international electronic trade disputes and, as a result, UNCITRAL adopted guidelines for operating the ODR procedure for building the ODR platform. The European Union has also increased its disputes in the European Union, which is active in the intra-regional market. Institutional improvements were made to solve this problem; therefore, the European Union (EU) has enacted the ODR Regulations for EU consumer disputes. Based on such, this study constructed the ODR platform, which is used as a way to resolve consumer disputes in the regional market.

A Study of Self-regulation for Consumer Protection in E-Commerce Business (전자상거래 사업자의 소비자보호 자율규제에 관한 연구)

  • Bae, Mi-Kyeong;Seo, Min-Kyo;Woo, Kwang-Myung
    • Korean Journal of Human Ecology
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    • v.13 no.1
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    • pp.1-16
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    • 2004
  • The purpose of this study was to examine the self-regulation in E-commerce business and review the major issues of self-regulation in several countries. This paper reviewed the legislation for the self regulation of APEC, OECD and EC, and introduced the regulation system for several countries, such as U.S. U.K and Japan. Also, we analyzed the current issues and problems of self-regulation in Korea and tried to suggest the future direction. There were three different regulations such as market forces, government regulation and self-regulation and the model of self-regulations were shaped in various types. Even though the government made the standard regulations for business sector but it was impossible to direct individual firms and their compliance of those regulations. To compensate the government regulation, the self regulation with low cost is needed and also two kinds of regulations has to be unified to enhance the regulation system in E-commerce. Industries should participate for the regulation voluntarily and consumers must give an award of legislation for self-regulation to motivate the self-regulations of industries.

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Adaptation to the product liability of systematic approach to accident scenario analysis (SASA) (사고시나리오(SASA)의 제조물책임(PL)법에의 적용)

  • 권영국;김진윤
    • Journal of the Korea Safety Management & Science
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    • v.3 no.4
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    • pp.19-34
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    • 2001
  • Since the introduction of product liability law from America in 1960s, product liability has been on the rise as an important problem to the quality management of company and consumer's safety. Together with this, before the legislation of product liability system in Korea, the sense and level of company and consumer about product safety are rapidly changing, In times like the present, ensuring more systematic product safety and consumer safety, and the buildup need of competitive power in accordance with product liability prevention of company grows raising. Therefore, this study presents the most effectively manageable ways of product liability the side of safety management of consumers and companies through the ensuring ways and activity models of product safety and certification system in company.

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Industry and Consumers Awareness for Effective Management of Functional Animal-based Foods in South Korea

  • Wi, Seo-Hyun;Park, Jung-Min;Wee, Sung-Hwan;Park, Jae-Woo;Kim, Jin-Man
    • Preventive Nutrition and Food Science
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    • v.18 no.4
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    • pp.242-248
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    • 2013
  • In recent years, manufacturers of animal-based foods with health claims have encountered difficulties in the labeling of their products because of a lack of regulation on defining the functionality of animal-based foods. Therefore, this study was conducted to establish the basic requirements for the development of a definition for functional animal-based foods by investigating consumer and industry awareness. Survey data were collected from 114 industry representatives and 1,100 consumers. The questions of the survey included items on production status and future production plans, functionality labeling, promotion plans, establishment of definition, the role of the government, consumer perception, and selection of products. The results show that both industry representatives and consumers believe that legislation and the provision of scientific evidence should be improved for the development of a functional animal-based foods market. The results obtained from this study will contribute to consumer trust by supplying correct information and can be utilized in the industry as basic data for the development of functional animal-based food products.

International Legislative Trends on Responsible Business Conduct (RBC) and its Implications on Policy (기업책임경영(RBC)의 국제입법동향과 정책적 시사점)

  • AHN, Keon-Hyung;JOE, In-Ho;KWON, Hee-Hwan
    • 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.

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