• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.69-89
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• 2018

The United States of America is one of the most favoring countries in which mandatory pre-arbitration clauses in the form of adhesion contract have been widely recognized and supported by courts and the Federal Arbitration Act. However, after the financial crisis in 2008 and the National Arbitration Forum scandal in 2009, in enacting the Dodd-Frank Wall Street Reform and Consumer Protection Act ('Dodd-Frank Act'), Section 1028(a) of the Act requires the newly created Consumer Financial Protection Bureau (CFPB) to provide Congress with a report on "the use of agreements providing for arbitration of any future dispute between covered persons and consumers". Section 1028(b) also grants the CFPB the authority to "prohibit or impose conditions or limitations on the use of an agreement between a covered person and a consumer for a consumer financial product or service providing for arbitration of any future dispute between the parties, if the Bureau finds that such a prohibition or imposition of conditions or limitations is in the public interest and for the protection of consumers." Pursuant to the Dodd-Frank Act, the CFPB issued a report entitled "2015 Arbitration Study: Report to Congress 2015 (Report)" in March 2015. This paper examines some major legal issues of the Report and makes a few recommendations for Korean financial institutions which entered into the U.S. financial market or has a plan to do so in the near future.

• Korean journal of food and cookery science
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• v.27 no.3
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• pp.81-93
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• 2011

We investigated perception and educational demand for health functional foods among nutrition teachers and dietitians working in schools. The subjects were 229 nutrition teachers (57.2%) and dietitians (42.7%) working in Chungbuk elementary, middle and high schools. Approximately 67% of the subjects had experience consuming health functional foods. Most of the subjects did not have experience with the side effects after consuming health functional foods. Subjects who were unaware of the legal specifications, classification, and labeling standards for health functional foods (78-91.2%) were much more common than those who were aware of those issues. Most of the subjects perceived health functional foods as a food (45.0%) or as a product between a food and a medicine (44.5%). The subjects recommended themselves (43.1%) or medical doctors/pharmacists (40.8%) as consultation/education specialists for health functional foods. Approximately 66% of the subjects had experience conducting nutritional consultation/education in their schools, but only 3.2% had experience with health functional foods. Only 17.8% of the subjects had experience receiving education on health functional foods. Most subjects (88.2%) demanded education on health functional foods for themselves. The results suggest that an effective education is needed for nutrition teachers and dietitians working in schools for them to play an active role in educating students and their parents about health functional foods in the near future.

• Journal of Digital Convergence
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• v.18 no.5
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• pp.17-23
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• 2020

With the advancement of AI technology, legal status and regulation issues for AI robots, and the necessity of a robot registration system are emerging. Since the shape and activity area of AI robots will no longer be limited to hardware in one country, the definition and regulation of AI robots should be expanded to a comprehensive concept including software, and information about them should be securely managed and shared by governments around the world. From this perspective, we extend 'AI robot' to the concept of Juridical AI encompassing hardware and software, and propose a method to operate the Juridical AI registration system using a permissioned blockchain called Juridical AI Chain. Since blockchain is an internationally distributed database, operating such AI registration system based on the blockchain will be a way to effectively cope with the global problems caused by the commercialization of AI robots.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.303-354
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• 2013

In 2012, the major jurisdictions regarding medical cases caused the controversial issues towards medical and legal fields by getting the judgments from the Supreme Court, which admitted the exceptional admissibility on discretionary grant. By regarding the serial negligence of medical organizations as a separate tort, the sentences which made up irrationality, were spoken by the court. As a result, if the treatment was made, which did not follow the entered matters in medical documents attached, the court announced the jurisdiction that presumes the negligence, which provided the evidence of negligence; on the other hand, this gave had the burden to medical branch to take great care for medicinal treatment. To be applicable for the Principle of Trust, the doctors have to give and take the necessary information for the treatment process and symptom decisions, which also commented in the court. Thus, this case made it difficult to apply the Principle of Trust and considered all the conditions as tough ones, which eventually induced lesser faults for patients' care. Moreover, the court confirmed that the medical ads sending the emails to the members belong to the internet portal sites, are not the inducing behavior by considering that the actions are only medical ads. Furthermore, in the case of Namsu Kim, the court's interpretation was rather limited the definition for medical practice that announced limited Erweiterung der Strafbarkeit cases by lower courts. As a consequence, it is very interesting whether the Supreme Court may change their position and concerning the duty of explanation, the trend to expand the contents and scopes for the duty of explanation continues by admitting instruction explanation obligation and all the compensations and so on.

• Journal of Environmental Health Sciences
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• v.41 no.3
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• pp.191-202
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• 2015

Objectives: Promotion of food safety/eradicating adulterated food has been listed as one of the four major issues recently identified for action by the Korean government. Due to the related seriousness, the food industry has been encouraged to take steps to restore consumer confidence. In order to set guidelines for the creation of manuals for the response to a food safety crisis by the food industry, this study provided a suggested organization for a crisis response team and operating procedures for crisis response activities. Methods: The prototypes of an organizational structure and a set of standard procedures for a crisis response system were provided. Results: The results of the study suggested that a crisis response team should be comprised of four divisions of responsibility: information analysis, site response, communication and operational support. The organization chart and the role and functions for each division of the crisis response team should be indicated. Response activities will be more effective when the team features multi-disciplined staffing, such as public relations, food safety/technology/quality, sales/marketing, purchasing, production, distribution/logistics, regulatory affairs/legal, and consumer service specialists. This study created a flow chart for the total crisis response system, which included crisis and normal situations. A crisis response team should be continuously operated for both crisis and normal conditions. This study also suggested a scenario to explain the procedures for crisis response activities. Conclusion: In order to cope more effectively with a food safety crisis, the organizational structure and its functions should be defined clearly, and a detailed set of standard procedures for response activities should be offered.

• The Journal of the Korea Contents Association
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• v.11 no.10
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• pp.115-127
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• 2011

As broadcasting contents are recognized as a key competition means, there are issues raised such as improvement of terrestrial retransmission system, introduction of PAR in broadcasting market and so forth. Especially, in pay broadcasting market, strategic partership between SP and PP leads to contents exclusivity for competitors, which causes to hinder normal competition and limit viewers' right of access. Consequently, not only is it claimed that essential facilities doctrine should be adopted in broadcasting market, but also clause of content equal access in IP TV law and adoption of prohibited acts regulation can be viewed in the same context. However, adoption of essential facilities doctrine in broadcasting market is likely to be counterproductive because of the differences of philosophies, economies and legal systems on which general facilities and contents are based. Therefore, it is time for a essential facilities concept, a fundamental concept of a refusal to dealing of essential facilities, and basic works to review specific cases and precedents implemented in competition laws market This study aims to review and propose beforehand if adoption of essential facilities doctrine is appropriate for broadcasting contents.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.587-613
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• 1999

Environmental problems such as global climate change, depletion, ocean and air pollution, and resource degradation-compounded by an expanding world population-respect no border and threaten the health, prosperity and jobs of all mankind. Our efforts to promote democracy, free trade, and stability in the world will fall short unless people have a livable environment. We have an enormous stake in the management of the world's resources. By increasing demand for timber, natural gas, coal and consumer's goods have destroyed the grounds for living. Greenhouse gas emissions anywhere in the world have threatened coastal communities, and then changed the Earth's climate system. The burning of coal, oil, and other fossil fuels is increasing substantially the concentration of heat-trapping gasses such as carbon dioxide, methane, and nitrous oxide in our air. The earth's temperature and sea levels are rising as a result. Since 1972 there has been a marked growth in the number and scope of environmental treaties. In particular, after the 1992 Rio Conference, international legal instruments became more concentrated on addressing environment within the context of sustainable development and incorporated a number of new concepts and innovative approaches. A preliminary analysis of recent conventions and in particular those associated with the Rio Conference indicates various ideas, concepts and principles which have come to the fore including sustainable development, equity, common concern of humankind, common but differentiated responsibilities and global partnership. However, international trade also has an environmental impact which must be minimized or countered. Positive measures are to be preferred to achieve environmental goals, but where trade provisions are necessary, they should be appropriately used within environmental conventions to facilitate the reduction and limitation of the negative impacts of trade and to enhance the complementarity of the multilateral trade regime with the imperatives of environmental protection, in the interests of environmental protection and sustainable development generally. The international community has to recognize and endorse this need to achieve complementarity between trade and environment issues.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.49-74
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• 2012

This study primarily concerns the seller's right to require performance under the United Nations Convention on International Sale of Goods(1980) (here-in-after the CISG). By virtue of art. 62 of the CISG, the seller may require to pay the purchase price, take delivery or perform his other obligations. The right is known as a process whereby the aggrieved seller obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. The study describes and analyzes the provisions of the CISG as to the seller's right to require performance, focusing on the questions of what the seller can require the buyer to perform, and what the restrictions of his right to require performance are. It particularly deals with main controversial issues among scholars as to whether art. 28 of the CISG is applied to the seller's action for the price and so that it opens the door domestic traditions and national preconditions that prevent judges and enforcement authorities in some contracting states, and whether the seller's to require performance is subject to the duty to mitigate loss within the meaning of art. 77 of the CISG. On the basis of the analysis, the study puts forward the author's arguments criticizing various the existing scholars' views. In addition, this study provides legal and practical advice to the contracting parties when it is expected that the CISG is applicable as the governing law.

• Journal of Nutrition and Health
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• v.47 no.5
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• pp.374-384
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• 2014

Purpose: Health professionals and policy makers confront the failure of provider-administered, conventional behavioral interventions in the fight against obesity epidemic. The aim of this study was to develop a tailored, cost-effective delivery system for a child obesity prevention and management program through technology convergence using Web-enabled smart cellular phones. Methods: Assessment of service needs and development of a delivery system for the program were based on a comprehensive literature review and expert reviews, and results from in-depth interviews and a need-assessment survey. Results: The user- and site-centered service delivery system using Web-enabled cellular telephones as the hardware platform for obesity prevention and management has been developed. A tailored informational service and intervention will be provided interactively between stakeholders through the platform. The potential legal issues associated with the service design have also been considered. Conclusion: The user-centered convergence design and platform based on principles of Transtheoretical Model and Stages of Change using the Health Promoting School framework could enable effective intervention and promote acceptance in the long-run.

• Asian Pacific Journal of Cancer Prevention
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• v.14 no.9
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• pp.4961-4964
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• 2013

Greater use of mobile phone devices seems inevitable because the health industry and cancer care are facing challenges such as resource constraints, rising care costs, the need for immediate access to healthcare data of types such as audio video texts for early detection and treatment of patients and increasing remote aids in telemedicine. Physicians, in order to study the causes of cancer, detect cancer earlier, act in prevention measures, determine the effectiveness of treatment and specify the reasons for the treatment ineffectiveness, need to access accurate, comprehensive and timely cancer data. Mobile devices provide opportunities and can play an important role in consulting, diagnosis, treatment, and quick access to health information. There easy carriage make them perfect tools for healthcare providers in cancer care management. Key factors in cancer care management systems through a mobile phone health approach must be considered such as human resources, confidentiality and privacy, legal and ethical issues, appropriate ICT and provider infrastructure and costs in general aspects and interoperability, human relationships, types of mobile devices and telecommunication related points in specific aspects. The successful implementation of mobile-based systems in cancer care management will constantly face many challenges. Hence, in applying mobile cancer care, involvement of users and considering their needs in all phases of project, providing adequate bandwidth, preparation of standard tools that provide maximum mobility and flexibility for users, decreasing obstacles to interrupt network communications, and using suitable communication protocols are essential. It is obvious that identifying and reducing barriers and strengthening the positive points will have a significant role in appropriate planning and promoting the achievements of mobile cancer care systems. The aim of this article is to explain key points which should be considered in designing appropriate mobile health systems in cancer care as an approach for improving cancer care management.