• Title/Summary/Keyword: consumer legislation

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Applying Hedonic Price Model to Analyzing Non-market Characteristic of Personal Computer (헤도닉 가격모형을 이용한 개인컴퓨터의 비시장 속성에 대한 가치추정)

  • 신승식;곽승준;유승훈
    • Journal of Korea Technology Innovation Society
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    • v.3 no.3
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    • pp.85-101
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    • 2000
  • The purpose of this study is to test whether prices of personal computers reflect their varying degrees of non-marketable characteristics including after-sales service. This purpose is carried out using the hedonic price model. In this paper, we estimated 74 functional forms of hedonic price model using the quadratic Box-Cox transformation function and selected one based on the three criteria: expected signs, the statistical significance of estimated coefficients, and goodness of fit in terms of root-mean-square-percentage-error. In this study, we found hat as the after-sales service level increases the price of the personal computer increases. This result is consistent with the hypothesis that the less after-sales service offered with a personal computer, the less consumers are willing to pay for the personal computer, when all else remain constant. This finding shows that since the market works indirectly to influence pricing, the need to rely on consumer protection legislation to guarantee after-sales service is lessened. This study also found that after-sales service supported by each personal computer producer is not a free service, thus produces have a profit incentive for providing after-sales service.

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The Problems and Alternatives of The Subrogation Payment System for Damage (의료분쟁조정법상 손해배상금 대불제도의 문제점과 개선방안)

  • Lee, Baek-Hyu
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.163-187
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    • 2011
  • On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

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A Study on the Successful Strategy for DAB : Focused on DAB Strategy in UK (DAB 성공전략에 관한 연구 - 영국 DAB전략을 중심으로 -)

  • Bae, Hong-Kyun
    • Korean Business Review
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    • v.18 no.2
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    • pp.133-149
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    • 2005
  • DAB is meeting with mixed success. Denmark is performing similarly to the UK thanks to the innovation of the public broadcaster but where DAB is not so strong, the problem can usually be pointed at the lack of enabling regulation. The UK's example, whilst not appropriate everywhere, has valuable lessons including licensing incentives for existing analogue commercial broadcasters and a market-building obligation on the national multiplex licensee. Despite the obvious success of DAB, it would be an omission to leave some of the continued criticisms unanswered, whether of its slow start or the underlying technology. True, there was much over-optimism in the mid-1990s, coupled with unrealistic promises and expectations of receiver pricing and consumer take-up. Governments across Europe have legislated for DAB digital radio in a variety of ways but few as successfully as the UK. It is essential that both public and private broadcasters are encouraged equally to participate in digital radio. The UK is fortunate because, for the last 10 years, there has been a progressive government policy towards digital broadcasting. The 1996 Broadcasting Act set out a full licensing regime for both digital television and digital radio. The 1996 UK legislation contained a number of key elements which have been cornerstones of its success. DAB digital radio began test broadcasting around ten years ago but it has not been a universal consumer success across Europe. In the UK, however, digital radio receivers are one of the fastest-selling consumer electronics products and sales have overtaken those of analogue radios. Why has the UK succeeded with DAB digital radio when other European countries have yet to see their markets take off? This article explains what steps the UK took to make DAB digital radio a success.

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Concerning the Constitution Court's constitutional decision and the direction of supplemental legislation concerning Article 33 paragraph 8 of the Medical Service Act - With a focus on legitimacy of a system that prohibits multiple opening of medical instituion, in the content of 2014Hun-Ba212, August 29, 2019, 2014Hun-Ga15, 2015Hun-Ma561, 2016Hun-Ba21(amalgamation), Constitutional Court of Korea - ('의료법 제33조 제8항 관련 헌법재판소의 합헌결정'에 대한 평가 및 보완 입법 방향에 대하여 -헌법재판소 2019. 8. 29. 2014헌바212, 2014헌가15, 2015헌마561, 2016헌바21(병합) 결정의 내용 중 의료기관 복수 개설금지 제도의 당위성 및 필요성을 중심으로-)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.143-174
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    • 2019
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

Korean Style System Model of Financial ADR (한국형 금융ADR의 제도모델)

  • Seo, Hee-Sok
    • 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.

A Study on the Legislative Guidelines for Airline Consumer Protection (항공소비자 보호제도의 입법방향)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.3-51
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    • 2017
  • From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

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Potentials for Uniform Treatments of E-Commerce

  • Song, Keyong-Seog;Kim, Min-Choul
    • 한국디지털정책학회:학술대회논문집
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    • 2004.11a
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    • pp.55-73
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    • 2004
  • The Internet is a wonderland that can be enjoyed by the young, old, and those in-between. It is also a vast commercial market where many contracts are formed every second. The Internet and E-Commerce have created new situations that have generated sweeping proposals for fundamental changes in contract law. During the first half of the 20th Century. when many businesses expanded their geographic scope, there was a tremendous desire for uniform treatment of contracts for the sale of goods throughout the U.S.A. and the whole world. That same dynamic is now occurring in E-Commerce. There is a general recognition of the desirability of uniform contract law to govern E-commerce, but to date that does not exist, though there are extensive proposals for reform of contract law on the Internet. E-Commerce is currently plagued by some of the same problems that led to the passage of the UCC. In the absence of uniform legislation, state-by-state differences are inevitable with respect to E-Commerce. State-by-state differences in E-Commerce contract law is widely viewed as undesirable. To deal with this problem, a number of uniform bills have been proposed including UCITA, UETA, and revisions to Article 2 of the UCC (Subpart B). The thrust of these uniform acts is to create legal parity between paper records and electronic records. There is considerable resistance by consumer groups to this parity and progress towards Passage of UCITA, UETA, and revised Article 2 has been slow. The UCITA covers licenses of computer software but does not cover the sale oil goods on the Internet. The scope of the UCITA includes computer software. multimedia interactive products, computer data and databases, and Internet and online information, The UETA deals comprehensively with E-Commerce and contract law. The UCC covers the sale of goods, which does not necessarily involve E-Commerce. The basic principles of contract law are modified to deal with Internet transactions. Intent is inferred from the operations of electronic agents and "signatures" can occur with a response to an invitation to click to accept.

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Effects of the Atmosphere on the Comparative Solderability of Lead-Tin and Lead-Free Solders

  • Bin, Jeong-Uk;S.M.Adams;P.F.Stratton
    • Proceedings of the International Microelectronics And Packaging Society Conference
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    • 2001.04a
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    • pp.45-47
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    • 2001
  • Due to pressure from threatened legislation in Europe, consumer and governmental pressure in Japan, and glob머 market considerations in the US, there is a rapidly growing interest in lead-free solderinger, Although the move to lead free soldering seems inevitable, many problems will arise in production assembly. It is generally acknowledged that the lead-free solders available offer a much s smaller process window than lead/tin, related mainly to the higher soldering temperatures which naturally result from increases of liquidus temperatures of at least 300 C. However, raising reflow temperatures from the current 220-2300 C to 250 2600 C will lead to problems with the boards and components as well as i increasing oxidation effects. There is a need to keep reflow temperatures low without reducing solderablity. Some results on benefits of inert atmospheres are discussed in this paper. For example, testing in a nitrogen atmosphere, with 300 ppm oxygen, by the N National Physical Laboratory (NPU has revealed clear benefits for ine$\pi$mg lead-free alloys, by restoring the solderability to lead/tin levels, by enabling lower soldering temperatures. However, there has been little testing over a range of oxygen levels in nitrogen and this is an important issue in determining n nitrogen supply and oven costs. Some results are reported here from work by NPL conducted for BOC in w which solderability was evaluated for tin기ead and tin/silver/copper eutectic a alloys in a wetting balance over a range of oxygen levels form 10 ppm to 21% ( (air). The studies confirm that acceptable wetting times occur in inert atmospheres a at soldering temperatures 20 to 300 C lower than are possible in air.

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Social Support Pursuit and Apparel Consumption Behavior by the Environment Awareness Attitudes of University Students (대학생의 환경의식 태도에 따른 사회적지지 추구와 의류제품 소비행동)

  • Park, Eun-Hee
    • Journal of the Korea Fashion and Costume Design Association
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    • v.19 no.1
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    • pp.1-14
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    • 2017
  • The purpose of this study is to classify the environmental awareness attitudes of university students and analyze their differences in social support pursuit, and apparel consumption behavior. Questionnaires were administered to 236 college students living in Daegu City and Kyoungbuk province. Frequency, factor analysis, reliability analysis, cluster analysis, ANOVA, Duncan-test, and t-test were used for data analysis. The findings were as follows. The environmental awareness attitudes had factors as recognizing the importance of environmental issues, purchase of eco-friendly products, public opinion legislation awareness, interests on eco-friendly product, and eco-friendly practice. Social support pursuit were found as marginal people support pursuit, emotional support pursuit, informational support pursuit, and problem-solving support pursuit. Apparel consumption behavior were found as planned purchase, social participation attitude, clothes recycling, life practice, low-price orientation, emphasis on designs, clothing-life practice, and consciousness over others. The environmental awareness attitudes of university students were classified into four groups of Consumers of Environment-Awareness, Consumers of Environment-interests, Consumers of Environment-practice, and Consumers of Low Environment-awareness. The groups showed significant difference in social support pursuit, and apparel consumption behavior. Gender of university students showed significant differences the environmental awareness attitudes, social support pursuit, and apparel consumption behavior. It is meaningful to find out the significant relationship in a social context between environment recognition and social support pursuit related by friends. This study also offered a basic information related to social support pursuit by the types of university students' environmental awareness attitude and consumption on clothing, which is necessary for environmental education and green consuming behavior.

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A Study on Geometric Optimization of a 500 ml Lightweight Square PET Bottle with CAE Analysis (CAE 해석을 통한 500 ml 경량 사각 PET병의 형상 최적화)

  • Eui-Chul Jeong;Sung-Hee Lee;Hyunn-Seung Lee;Jung-Gil Oh;Seok-Kwan Hong
    • Design & Manufacturing
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    • v.18 no.2
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    • pp.17-22
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    • 2024
  • Lightweight of plastic containers is becoming an important issue due to increasing environmental legislation and consumer awareness. In this study, the CAE analysis was conducted to optimize the shape of a 500 ml lightweight square polyethylene terephthalate(PET) bottle. First, the linear buckling alaysis using the finite element method was performed to analyze the correlation between the primary geometric parameters of the bottle and the buckling critical load. Then, the optimal geometry parameters were derived, and the actual buckling load was predicted by non-linear buckling simulation. The validity of the simulation results was verified by top-loading tests of PET bottles molded with the optimized geometry. The elastic modulus and tensile yield strength of PET through tensile tests were measured to improve the accuracy of the simulation. As a result of the tensile tests, the modulus of elasticity of PET increased from 2,900 MPa to 4,275 MPa, and the tensile yield strength increased from 52.4 MPa to 88.1 MPa. Finally the buckling load of the optimized PET bottle was found to be approximately 236 N, which is very similar to the simulation precition of 238 N. This study shows the feasibility and accuracy of the CAE analysis approach for the lightweight design of PET bottles, and will provide useful guidelines for the design of PET bottles.