• 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.

• International Commerce and Information Review
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• v.17 no.2
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• pp.173-197
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• 2015

The development of IT expanded the scale of e-commerce, and grew large Internet shopping malls. As having raised the consumers' interest in overseas direct purchase(ODP) recently, the number and purchasing amount of ODP are constantly increasing. However, consumers need to pay attention to the potential problems which might happen by consumer's damage and conflict, as increasing the consumption through ODP. Because consumer's damages on utilizing ODP happen to the reason such as the trust problem between business and consumer due to the way which traded non face to face, non-compliance of goods delivery, returns, and refunds, and information asymmetry of items, a large number of consumer's damages in a wide range are much more likely to occur nowadays. The purpose of this study is to analyze the current state of ODP, and propose consumer damage's reduction and policy of the government through pre or post scheme for consumer damage's relief and consumer protection. As the compensation for consumer damages is actually inadequate, this study proposed a feasible alternative to the adoption of e-commerce insurance for both aggressive compensation and protection for consumer's damages and risk transfer and sustainable development of e-commerce.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.129-149
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• 2016

Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a "decision not to adjust" in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its "decision," can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user's perspective. This is the "decision" as was expressed from an order, "not adjusted." It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient's cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers' and patients' rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.65-94
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• 2015

Since American Airlines launched AAdvantage which was the first Frequent Flyer Program in 1981, many people has accumulated mileage credits, and now, frequent flyer program(FFP) is the universal marketing tool to the airlines. These days, airlines establish a strategic alliance with domestic and foreign companies of various fields ; other airlines, travel agencies, car hire firms, hotels, department stores, even credit card companies. However, more people want to use their mileage credits, more airlines reject to approve that or change frequent flyer program against their customers. Last year, Northwest, Inc. v. Ginsberg, the United State Supreme Court made a decision that the preemption provision of Airlines Deregulation Act(ADA) preempts state laws related to rates, routes and services for air carriers including implied covenant of good faith and fare dealing. Thus, the claim of Ginsberg was canceled, it means that Northwest Inc. could terminated one-sidedly his membership in the frequent flyer program. In the contrast, Korea does not have the statute like ADA. If customers file a claim on FFP like Ginsberg, the courts of Korea judge whether the clauses of standard form contract are unfair or not. Therefore, in this article, Ginsberg would be checked on legal issues and be compared briefly with the courts' ruling in Korea.

• Journal of the Korea Convergence Society
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• v.13 no.4
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• pp.373-381
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• 2022

The Fukushima nuclear power plant water spill caused by the Great East Japan Earthquake in March 2011 raised fears about radiation exposure through consumption of radioactively contaminated seafood. The Korean government banned importing agricultural and fishery products from eight prefectures near Fukushima, but the related news were continuously reported partly due to the WTO dispute with Japan, which seems to have aggravated consumers' anxiety about seafood. In this study, data on daily purchases of products for three years (2018-2020) were collected and the effect of Japanese radiation-related news on domestic consumers' purchases of seafood was estimated using a polynomial lag distributed model. As a result of the analysis, it was found that radiation-related news had a statistically significant negative effect on the purchase of seafood on the 5th and 6th days after exposure to consumers through the media. It captures the carryover effect in which consumers' perceptions are reflected in the purchase of seafood after exposure to related news.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.10
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• pp.480-489
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• 2020

Controversy and legal disputes over counterfeit fashion designs have recently arisen in the fashion industry. The purpose of this study is to examine cases of counterfeiting disputes over fashion designs, and how the perception of counterfeit fashion designs is fostered from the learner's point of view, suggesting implications for the counterfeiting problem. As a result of this study, first, counterfeiting disputes over fashion design started from a lack of utilization of the Design Protection Act and the ambiguity in counterfeit design criteria. Second, the negative perceptions of counterfeit designs were mainly about unethical behavior, inhibiting the growth of the fashion industry, and reducing consumers' willingness to buy the genuine article. Positive perceptions were mainly about the process of creation, the promotion of a developmental environment for the fashion industry, and the expansion of opportunities to promote new designs. The most common perception was the absence of clear criteria for judgments about counterfeiting. Third, the implications of the counterfeiting problem in fashion design require effective institutional improvement in the fashion industry, the establishment of standards to deal with counterfeiting, the development and practical introduction of education proposals regarding intellectual property rights, and changing the perception of counterfeiting in the fashion industry.

• International Commerce and Information Review
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• v.17 no.3
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• pp.3-27
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• 2015

As hostile online reviews can have a negative impact on a company's reputation, it is not surprising that online reviewers and business owners often get involved in conflicts which sometimes evolve into legal disputes. This research examines the legal dispute case in which the business owner charges an online reviewer for a defamation. Further, this research compares the supreme court's decision with general public's view on this defamation case, using a survey method. From the legal point of view, an online reviewer's primary motive determines whether the online reviews are defamatory statements or not. Specifically, if an online reviewer's primary motive is to increase the overall benefits for the public society, the online review does not bear any legal liability. According to our survey, consumers' view aligns with the final decision of the supreme court. They believe that online reviews should bear a minimum level of legal liability as online reviews often contain useful and valuable information which can enhance overall public benefits.

• 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.

• Proceedings of the KIEE Conference
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• 2008.04b
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• pp.128-130
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• 2008

제조물책임(Product Liability, 이하 PL)법은 2002년 7월 1일부터 국내에서 시행되고 있으며, 대기업뿐만 아니라 중소기업에서도 자사제품에 대한 신뢰성과 제품향상을 위해 많은 관심을 갖고 있다. PL법 환경에서 전력기기에 대한 제조결함과 사고의 연관성은 PL법의 적용대상이므로 국제화시대에 제품결함에 의한 전력설비 사고발생시 이의 정확한 원인규명 등을 통하여 기업에 있어서는 동일사고 예방 및 제품의 신뢰성 향상과 소비자에 있어서는 피해구제 마련 등 PL분쟁시 정확한 사고원인규명과 처리기준에 대한 자료구축이 필요한 실정이다.

• Proceedings of the Korean Society for Bio-Environment Control Conference
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• 2002.11a
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• pp.187-202
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• 2002

우리나라의 경량상토 시장은 앞으로도 지속적인 증가가 예상되는데 이와 더불어 분쟁 또한 당분간 증가될 것이다. 뿐만 아니라 상토로 인한 사고의 해결방안도 과거에는 농가와 제조회사의 양자간에 비공개로 진행되었으나 앞으로는 점차 공개적인 문제로 표면화될 것으로 생각된다. 때문에 상토문제에 대한 보다 객관적이고 구체적인 접근이 필요한 시점이다. 이를 위해서는 완전하지 않더라도 상토의 특성표기에 대한 기준을 조속히 마련하고 이를 관리하는 방안을 모색하여야 할 것이며, 이러한 관리는 규제보다는 인증제도와 같은 차원에서 권장하는 방향이 바람직할 것으로 생각된다. 이것은 업체의 난립으로 인한 농가의 피해를 줄이고, 상토의 품질을 높이며, 소비자가 상품에 대한 정보를 정확하게 습득할수 있는 계기가 될 것이다. 한편 육묘기술의 보급 면에서도 경량상토 활용시 주의할 점을 농가에게 충분히 지도하고, 유비상토 위주의 육묘를 추비관리 기술을 이용한 육묘로 한 차원 끌어 올릴 수 있는 기술지도도 병행되어야 할 것이다.