• Title/Summary/Keyword: consumer protection

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Recent Trends in Compensation for Mental Anguish of Airline Passengers (항공여객의 정신적 손해배상에 관한 최근 동향 - 미국 연방법원 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.33-62
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    • 2020
  • The current air transportation industry is facing a lot of changes not only in the quantitative growth of the market, but also in the legal aspects. For many years, the Warsaw Convention has contributed to the uniform discipline of civil carriers' legal liabilities arising from international aviation accident and has fulfilled the duties of legal guardians for the development of the air transport industry. In the process, however, the consumer interests of the air transport industry did not have much protection compared to other industries. In response, the Montreal Convention has effected for protecting the interests of aviation consumers, and there are numerous legal changes around the world to protect aviation consumers like passengers. The mental damages of airline passengers arising from the accident can also be understood as part of the protection of air consumers. Considering that the US Federal Court has dealt with the recognition of mental damages for air passengers since the early 1990s. However, Korean judicial precedent still excludes mental anguishes from the scope of damage compensation. From this point of view, it is considered academically meaningful to analyze the latest case of the US federal court. Recently, the United States Court of Appeal for the Sixth Circuit in Doe v Etihad Airways applied a different interpretation against the traditional opinion: passengers could not recover for mental distress unless that mental distress resulted from a bodily injury sustained in an airplane accident. The background of the court's conclusions can be explained in many ways, among other things, unlike the Warsaw Convention the new international rule, Montreal Convention is recognizing the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution.

Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

The Building Plan of Online ADR Model related to the International Commercial Transaction Dispute Resolution (국제상거래 분쟁해결을 위한 온라인 ADR 모델 구축방안)

  • Kim Sun-Kwang;Kim Jong-Rack;Hong Sung-Kyu
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.3-35
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    • 2005
  • The meaning of Online ADR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently Online ADR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in Online ADR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, Online ADR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future. Accordingly, the following points must be focused on for the continuous First, in the legal and institutional aspects for the development of Online ADR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of Online ADR, which utilizes electronic communication means. However, it is too early to establish a separate law for Online ADR because Online ADR must develop based on the theoretical system of ADR. Second, although Online ADR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, Online ADR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply Online ADR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, Online ADR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing Online ADR system. Third, the application of Online ADR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through Online ADR, and 115 Online ADR sites are in operation throughout the world. Thus Online ADR requires not temporary but continuous attention, and mediators and arbitrators participating in Online ADR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish Online ADR model and these projects should be supported by comprehensive researches on mediation, arbitration and Online ADR. Fourth, what is most important in the continuous development and expansion of Online ADR is to secure confidence in Online ADR and advertise Online ADR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in Online ADR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting Online ADR so that parties involved in disputes recognize the substantial contribution of Online ADR to dispute resolution. Lastly, dispute resolution through Online ADR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. Online ADR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.

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A study on the liquor package design of international competitive advantage - Focused on Soju and Sake - (국제 경쟁력을 위한 술 포장디자인 연구 - 국내소주 및 일본 Sake 중심으로 -)

  • 장욱선
    • Archives of design research
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    • v.16 no.3
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    • pp.151-160
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    • 2003
  • Packages have been used for a wide variety of purposes, for protection, for display, for transportation of goods, or for keeping personal belongings. According to the demands of society and the times, liquor packages have been specialized and have appeared in almost every shape and size without restriction to cine particular type of material. In spite of its rapid development and wide application in our society, liquor package design has rarely been considered as a subject of comprehensive study. Majoring in package design, I have become especially interested in the area of liquor package design. I would like to explore liquor package design from several aspects. With the advent of new market and the rise of a new consumer society, advertising and mass media have expanded rapidly. While convenience of use is not a major issue, serving size certainly are quality, appeal of heritage and health concerns. Heritage is a major consumer appeal in Whisky, Beer, Wine and spirits. Designers have drawn heavily on the tradition of alcoholic products, have used type and graphics to create the illusion of heritage for new products. A sidelight to the heritage aspect of spirits package is the evolution of outer boxes for international liquors. International liquors package design illustrated the past and current themes. The design is contemporary and spare. Colored panels correlated to the liquor flavor used on clean white, black, gold boxes. While this research does not deny the impact of structural innovation and convenience package design , it does deny the existence of a graphic plateau. It is assumed therefore, that development in technology can facilitate communication between East and West. This can be accomplished because as containers of products are used in social setting, their form will gradually apply strong influence to the need for economical, easily handled, easily utilized packaging. Typically, ethnic package designs are those packages containing products which are prepared and marketed to a category of people who are prepared and marketed to a culture traits. They are liquor products sold in the metropolitan New York area which are marketed specially to Asians, Hispanics, or Eurpean population. These cultural groups share numerous traits including religion, language, dietary habits and traditional drinking styles. Therefore, the products which are familiar or common in their native countries are often imported or marketed there to serve them. These packages and products are frequently found on the shelves of supermarkets in predominantly ethnic areas. That is Korea, Japan if packaging is correctly design it would appeal to the American market. My research is that oriental beverage -Soju is good example of this precept. Assumedly, there must be a degree of subjectivity since it is a mean in which the consumers can relate to its advertising. This degree to relate and identify is the degree to which the package will be remembered and purchased. Subjectivity is intimately related to purchases since there is no such thing as a rational purchase in a society that operates on mass consumption. It is essential that packages become more personal human, entertaining, and more like advertising in order to maximize merchandising potential.

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Effect of Socio-demographic Factors on Sensory Properties of Korean Hanwoo Bull Beef by Different Cut and Cooking Methods (사회인구학적 요인이 한우수소고기의 부위 및 요리형태별 관능특성에 미치는 영향)

  • Cho, Soo-Hyun;Kim, Jin-Hyoung;Kim, Jae-Hee;Seong, Pil-Nam;Park, Beom-Young;Kim, Kyung-Eui;Seo, Gu-Reo-Un-Dal-Nim;Lee, Jong-Moon;Kim, Dong-Hun
    • Journal of Animal Science and Technology
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    • v.49 no.6
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    • pp.857-870
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    • 2007
  • This study was conducted to investigate the relationship between the socio-demographic factors and the Korean consumers’ palatability evaluation and to collect the sensory information for development of prediction palatability model of Hanwoo beef. Ten cuts〔Abjin (short plate), Bosup (top sirloin), Cheggt (striploin), Dngsim (loin), Guri (chuck tender), Hongduke (eye of round), Moksim (chuck roll), Sulgit (bottom round), Udoon (top round), Yangi (brisket)〕 were separated from 10 Hanwoo bulls beef(~24 months old) and prepared with the same manner for 3 different cooking methods such as boiling, grilling and roasting. The cooked beef samples were served to 650 consumers recruited from Seoul, Joongbu, Honam and Youngnam locations and evaluated tenderness, juiciness, flavor and overall acceptability. The living location, age, gender, occupation, eating habit and cut were significantly related with the sensory properties when bull beef were cooked as boiled cooking(p<0.05). In grill cooking, only occupation, income and cut had the significant effect on the overall acceptability of Hanwoo bull beef(p<0.01). When bull beef were cooked as Korean traditional roast cooking, consumer’s sensory properties were significantly different by the living location, age, occupation, income, eating habit of consumers and cut(p<0.05). Also, results from the principal component analysis showed that palatability scores of Korean consumers were decided with different contribution scores of tenderness, juiciness, flavor and overall acceptability of cut depending on cooking methods. In conclusion, Korean consumers’ palatability for Hanwoo bull beef were related with the socio-demographic factors and the sensory results were different by cut and cooking methods.

Market Success factors of Mobile Games: Differences by Genres and Changes over Time (모바일 게임의 시장 성공 요소: 게임 장르별 차이와 출시 후 시간 경과에 따른 변화)

  • Yi, Sang-Yoon;Kim, Moon-Yong;Han, Sung-Don;Ahn, Jae-Hyeon
    • Information Systems Review
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    • v.10 no.3
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    • pp.21-38
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    • 2008
  • After the introduction stage, Korean mobile game market is approaching to the growing stage leading mobile contents market. The environment for the mobile contents business is getting better by the expansion of the 3G mobile networks and the enhancement of the mobile devices. In this research, at a content level, not a service level, market success factors of mobile games and the differences by genres and their changes over time were investigated through the analysis of the real market data of mobile games launched by a Korean mobile carrier. The most important factors for market success, especially for the genres of RPG/Tycoon/Simulation and Shooting/Action/Arcade, were found to be the 'design' factor and its effect turned to be getting stronger as time goes by after the launch. Consumers' purchase rate was actually higher for the mobile games of popular genres or in relation with socially popular subject matters. Also 'design' and 'creativity' factors which are related to the quality of contents, have gotten more important over time. One of the most interesting results was that there existed a "blue ocean" genres like Sports/Racing/Leisure which had a steady demand but not many competing games. In the analysis of the 'convenience' factor, one interesting implication for mobile game producers was that there exists a trade off between the ease of initial adoption and the steady sales of a mobile game.

Quality Monitoring for Domestic Distributing Engine Oil (국내 유통 엔진오일 품질 모니터링)

  • Lim, Young-Kwan;Lee, Eun-Yul;Lee, Kyoung-Mook;Na, Yong-Gyu;Kim, Jong-Ryeol
    • Applied Chemistry for Engineering
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    • v.29 no.3
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    • pp.289-297
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    • 2018
  • The vehicle lubricant has captured 35% of the total lubricant market while the engine oil possessed 77% of the vehicle lubricant market in Korea. The suitable quality management of circulating engine oil is thus required for the driver and engine protection. But, KS and synthetic engine oil products (containing over 30% synthetic oil) are exempt to any quality inspections under Petroleum and Alternative Fuel Business Act. In this study, our research group investigated the quality monitoring of 30 kinds of domestic distributing synthetic engine oils. Two kinds of the engine oil showed an off specification from the test results; one engine oil is an imported and the other is a KS synthetic one. Also, the pattern of engine oils were analyzed using SIMDIST (simulated distillation) and the most engine oils had a broad carbon number spectrum, which is a typical of mineral oils except several imported products. Thus, we concluded that relevant laws for the proper quality management of synthetic oils and KS products are needed to be established for preventing consumer's damages.

A Legal Review on Abuse Cases of Virtual Currency and Legal Responses (가상화폐의 악용사례와 법적 대응방안에 관한 고찰)

  • Hwang, Suk-Jin
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.2
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    • pp.585-594
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    • 2018
  • Virtual currencies have emerged along with new technologies such as block chain, artificial intelligence (AI), and big data. This study examines the benefits of a security-enhanced block chain resulting from individual trading, decentralized from governments, as well as the problems associated with misuse of virtual currencies. Virtual currencies, due to its anonymity, is vulnerable to financial crimes, such as ransom-ware, fraud, drug trafficking, tax evasion and money laundering. Use of virtual currencies can facilitate criminals avoid detection from investigative agencies. Government regulatory policy continues to address these concerns, and the virtual currency exchange has also announced a self-regulation proposal. However, a fundamental solution remains necessary. The purpose of this paper is to investigate the problems regarding abuse of virtual currency and to identify a practical system for transactions involving virtual currencies. However, in order to promote transactions involving virtual currencies and to institutionalize a governance system, multilateral cooperation is required. Although the restricting the use of virtual currencies regarding minors and foreign trade, as well as the introduction of a real-name system are considered promising prospects, many problems remain. Virtual currency is not a simple digital item but a method of redesigning the function of money. Coordinated efforts are needed globally to be able to further activate the positive aspects concerning the use of virtual currencies.

Estimation of Dietary Daily Intake of PCDDs/PCDFs from Korean Retail Food (우리 나라 시판 식품을 통한 다이옥신 섭취량 평가)

  • Kim, Kyoung-Sim;Kim, Jong-Guk;Kim, Man-Young
    • Journal of Korean Society of Environmental Engineers
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    • v.22 no.7
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    • pp.1345-1355
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    • 2000
  • The main route of exposure of the human population to polychlorinated dibenzop-dioxins(PCDDs) and polychlorinated dibenzofurans(PCDFs) is through the diet. However in Korea, there are few studies on PCDDs/PCDFs levels in environmental samples and foods. The purpose of this study is to analyze concentration of PCDDs/PCDFs in Korean retail foods and to estimate dietary daily intake of them. 9 samples from animal food and 10 samples from plant food were analysed for PCDDs/PCDFs. Concentrations of PCDDs/PCDFs ranged from 0.02(milk) to 5.39(anchovy)pg/g. TEQ levels appeared in order of fish/shellfish, meat, vegetable, cereal, fruit and milk, and these values ranged from 0.0008 to 0.3153pgTEQ/g. The daily intake of PCDDs/PCDFs via food was calculated to be about 37.7pgTEQ/day and these values are equivalent to 0.75 pgTEQ/kg b.w./day, under consideration of 50kg for body weight. The daily intake of PCDDs/PCDFs via food was lower than that in other countries. From these results, it is important to note that fish/shellfish intake is one of the main sources of PCDDs/PCDFs exposure in Korea.

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A Review on the Management of Water Resources Information based on Big Data and Cloud Computing (빅 데이터와 클라우드 컴퓨팅 기반의 수자원 정보 관리 방안에 관한 검토)

  • Kim, Yonsoo;Kang, Narae;Jung, Jaewon;Kim, Hung Soo
    • Journal of Wetlands Research
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    • v.18 no.1
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    • pp.100-112
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    • 2016
  • In recent, the direction of water resources policy is changing from the typical plan for water use and flood control to the sustainable water resources management to improve the quality of life. This change makes the information related to water resources such as data collection, management, and supply is becoming an important concern for decision making of water resources policy. We had analyzed the structured data according to the purpose of providing information on water resources. However, the recent trend is big data and cloud computing which can create new values by linking unstructured data with structured data. Therefore, the trend for the management of water resources information is also changing. According to the paradigm change of information management, this study tried to suggest an application of big data and cloud computing in water resources field for efficient management and use of water. We examined the current state and direction of policy related to water resources information in Korea and an other country. Then we connected volume, velocity and variety which are the three basic components of big data with veracity and value which are additionally mentioned recently. And we discussed the rapid and flexible countermeasures about changes of consumer and increasing big data related to water resources via cloud computing. In the future, the management of water resources information should go to the direction which can enhance the value(Value) of water resources information by big data and cloud computing based on the amount of data(Volume), the speed of data processing(Velocity), the number of types of data(Variety). Also it should enhance the value(Value) of water resources information by the fusion of water and other areas and by the production of accurate information(Veracity) required for water management and prevention of disaster and for protection of life and property.