• Title/Summary/Keyword: Consumer Fundamental Act

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The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

A Study on the Improvement of Consumer Dispute in the Apartment House (공동주택 소비자분쟁 경감방안에 관한 연구)

  • Park, Sung-Yong;Kim, Suk-Chul;Oh, Dong-Hyun
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.199-217
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    • 2009
  • During the urbanization progresses, apartments such as the house of commons, representing our homes are situated in space. However, many consumer problems of our country's apartment house are caused by the government's failure of housing policy and consumer dispute resolution system In this study, apartment house and alleviate consumer disputes relating to in proactive ways to improve the government's housing policy was presented. At the same time, since the revision of Consumer Fundamental Act on collective alternative dispute resolution system has proposed scheme, this occurred after a dispute to resolve the dispute can be more efficient ways.

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The Incentive Effect and Issues of Sales Promotions in Consumer Decision Making (구매의사결정과정에서 판매촉진의 인센티브 효과와 문제점)

  • 이미화;여정성
    • Journal of Families and Better Life
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    • v.21 no.4
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    • pp.41-53
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    • 2003
  • The purpose of this study is to understand and verify the incentives as an important market environment and to help consumers use them effectively, and consequently to improve the consumer welfare. This study examined the representative incentive, the sales promotions which can effect on the consumer decision making process and current issues of them. For the purpose, a coffee specialty store was hypothesized and the subjects were 20∼30 years old, since the sales promotions can be more effective toward the younger consumers making their decisions low-involvement goods and services. The conclusions can be summarized as follows; Consumers understand the advantages and disadvantages of sales promotion very well, and use them rationally and usefully to maximize their satisfaction. the sales promotions act as incentives in the all steps of decision making processes. Generally, consumers prefer to get things at a good price, so in this survey, the discount coupons and the point accumulative membership had more effect than others. Consumers pointed out controversial issues of the sales promotions as follows: the sales promotions could bring about cost rising and unnecessary and/or impulse buying, and stir up speculative motivation. These are common serious problems in the sales promotions. The sales promotions are very useful tools in promoting sales but not fundamental in the long run. Marketers and manufacturers should keep it in mind that the best way to satisfy the consumers is to keep all things in good quality and moderate price.

The Characteristic of Media Consumer and Legal Principles for Consumer Movements Protection (언론소비자의 특성과 소비자운동의 보호법리 - 광고불매운동을 중심으로)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.48
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    • pp.5-24
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    • 2009
  • This study is aimed to analyze the concept of media consumer and legal principles for consumer movements protection. Based on the concept and legal principles, this research is to review the characteristics of the advertisement boycott campaign. Article 124 of the Constitution prescribes that the state should guarantee the consumer protection movements. According to the Article 4 of the Framework Act on Consumer, consumers have the fundamental right to obtain proper compensation for damages sustained due to use of goods and etc. according to prompt and fair procedure. The type of boycott can be classified into two pattern on the basis of boycott's target or object. They are primary boycott and. secondary boycott. Consumer's boycott independent of primary or secondary, are under the protection of the consumer's right. Media consumers use scarce resources to satisfy their wants and needs to acquire news information and advertising information. Their resources are time and money. Therefore, ads boycott campaign or media boycott campaign is the primary boycott. Consumer's right should be guaranteed to the maximum. The Constitution and consumer protection law should protect the practice of consumer's right, especially consumer's boycott campaign.

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A Study on the Effects of Consumer Self-Determination Psychological Needs and Perceived Influence for Fair Trade Products (공정무역제품에 대한 소비자의 자기결정성 심리 욕구와 지각된 영향력의 효과에 관한 연구)

  • Ock, Jung-Won
    • Management & Information Systems Review
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    • v.37 no.2
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    • pp.283-297
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    • 2018
  • This research focuses on the perceived marketplace influence(PMI: A belief that recognizes the effect that an individual's actions will have on the behavior of other consumers in the market and thus drives them to act on fair trade consumption) of consumers who may act as a more fundamental explanatory alternative to the gap in attitudes and behaviors of fair trade products. The purpose of this study is to investigate the relationship between consumer's self - determination psychological needs (autonomy, competence, relevance), influence (personal influence, market influence), and the assets of fair trade products. As a result of the empirical analysis, it was found that among the major psychological needs related to self-determination, the variables other than competence and the perceived influence relations of consumers can be directly formed, and the perceived consumer effectiveness(PCE) has a positive influence on perceived marketplace influence(PMI). It is also found that the perceived influence of consumers(PCE, PMI) has an influence on the consumers' perceived equity of Fair Trade products. The results of this study will provide an opportunity to theoretically explain the gap between consumers' attitudes and behaviors of Fair Trade products, which is a part of ethical consumption, and provide important implications for the establishment of marketing strategies.

A Study on Web Design Development for Consumer-Oriented Information for Food Safety (소비자 맞춤형 식품안전 정보 제공 웹 디자인 개발에 관한 연구)

  • Lee, Sim Yeol;Park, Myung Hee;Cho, You Hyun
    • Korean Journal of Human Ecology
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    • v.21 no.6
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    • pp.1129-1144
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    • 2012
  • The purpose of this study was to investigate the gender difference in adolescent's problem behavior and depression, and The main aim of this study was to develop a fundamental web design to provide information content that would be easy for average consumers to understand based on the classification of information related to food safety. Based on the information obtained through in-depth interviews, the researchers developed an information classification system that meets the needs of consumers, and which serve as a basic framework for a homepage for a food safety information center. A total of 62 food items in 6 areas were selected based on reports of food safety related events occurring between 1998-2009 (KFDA 2008). The classification system of risk factors such as chemical risk factors and biological risk factors were categorized. The specific features of the information content for individual food items provided for classification based on evaluation by professional food scientists and the importance of risk factors. By providing a consumer participation section and company participation section, it was anticipated that the food safety information center would be able to act as a moderator for food safety information communication among consumers, the food industry, and the government. Based on the development of a classification system and framework, a design plan and tree-map for the internet site was developed.

Article 61bis of the Aviation Business Act and the Legal Principles for the Aviation Consumers Protection - Comparison with the U.S. "Tarmac Delay Rule" - (항공사업법 제61조의2 신설과 항공소비자 보호 법리 -미국의 "Tarmac delay rule"과 비교를 중심으로-)

  • Baek, Kyeong-Won;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.169-195
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    • 2020
  • With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

Growth and Ginsenoside Content in Different Parts of Ginseng Sprouts Depending on Harvest Time (수확시기에 따른 새싹삼의 부위별 생육 및 Ginsenoside 함량 변화)

  • Jang, In Bae;Yu, Jin;Suh, Su Jeoung;Jang, In Bok;Kwon, Ki Beam
    • Korean Journal of Medicinal Crop Science
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    • v.26 no.3
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    • pp.205-213
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    • 2018
  • Background: Since the revised Ginseng Industrial Act was passed, ginseng sprouts have become a new medicinal vegetable for which there is high consumer demand. However, the existing amount of research and data on ginseng production has not kept pace with this changed reality. Methods and Results: In this study we analyzed the changes in the amounts of ginsenosides in different parts of growing ginseng sprouts during the period from when organic seedlings were planted in nursery soil until 8 weeks of cultivation had elapsed, which was when the leaves hardened. In the leaves, ginsenoside content increased 1.62 times with the panaxadiol (PD) system and 1.31 - 1.56 times with the panaxatriol (PT) system from 7 to 56 days after transplantation. During the same period, the total ginsenoside content of the stems decreased by 0.66 - 0.91 times, and those of the roots increased until the $21^{st}$ day, and then underwent steep declines. The effect of fermented press cake extract (FPCE) and tap water (TP) on the total amount of ginsenoside per plant were similar, and could be represented with the equations $y=1.4330+0.2262x-0.0008x^2$ and $y=0.9555+0.2997x-0.0031x^2$ in which y = ginsenoside content x = amount of and on the total amounts of FPCE or TP, respectively after 26.4 days, however, the difference between ginsenoside content with FPCE and TP widened. Conclusions: These results suggested that the amounts of ginsenosides in different parts of ginseng varied with the cultivation period and nutrient supply. These findings also provide fundamental data on the distribution of ginsenosides among plant parts for 2-year-old ginseng plants in the early-growth stage.

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 Effects of Intention Inferences on Scarcity Effect: Moderating Effect of Scarcity Type, Scarcity Depth (소비자의 기업의도 추론이 희소성 효과에 미치는 영향: 수량한정 유형과 폭의 조절효과)

  • Park, Jong-Chul;Na, June-Hee
    • Journal of Global Scholars of Marketing Science
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    • v.18 no.4
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    • pp.195-215
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    • 2008
  • The scarcity is pervasive aspect of human life and is a fundamental precondition of economic behavior of consumers. Also, the effect of scarcity message is a power social influence principle used by marketers to increase the subjective desirability of products. Because valuable objects are often scare, consumers tend to infer the scarce objects are valuable. Marketers often do base promotional appeals on the principle of scarcity to increase the subjective desirability their products among consumers. Specially, advertisers and retailers often promote their products using restrictions. These restriction act to constraint consumers' ability th take advantage of the promotion and can assume several forms. For example, some promotions are advertised as limited time offers, while others limit the quantity that can be bought at the deal price by employing the statements such as 'limit one per consumer,' 'limit 5 per customer,' 'limited products for special commemoration celebration,' Some retailers use statements extensively. A recent weekly flyer by a prominent retailer limited purchase quantities on 50% of the specials advertised on front page. When consumers saw these phrase, they often infer value from the product that has limited availability or is promoted as being scarce. But, the past researchers explored a direct relationship between the purchase quantity and time limit on deal purchase intention. They also don't explored that all restriction message are not created equal. Namely, we thought that different restrictions signal deal value in different ways or different mechanism. Consumers appear to perceive that time limits are used to attract consumers to the brand, while quantity limits are necessary to reduce stockpiling. This suggests other possible differences across restrictions. For example, quantity limits could imply product quality (i.e., this product at this price is so good that purchases must be limited). In contrast, purchase preconditions force the consumer to spend a certain amount to qualify for the deal, which suggests that inferences about the absolute quality of the promoted item would decline from purchase limits (highest quality) to time limits to purchase preconditions (lowest quality). This might be expected to be particularly true for unfamiliar brands. However, a critical but elusive issue in scarcity message research is the impacts of a inferred motives on the promoted scarcity message. The past researchers not explored possibility of inferred motives on the scarcity message context. Despite various type to the quantity limits message, they didn't separated scarcity message among the quantity limits. Therefore, we apply a stricter definition of scarcity message(i.e. quantity limits) and consider scarcity message type(general scarcity message vs. special scarcity message), scarcity depth(high vs. low). The purpose of this study is to examine the effect of the scarcity message on the consumer's purchase intension. Specifically, we investigate the effect of general versus special scarcity messages on the consumer's purchase intention using the level of the scarcity depth as moderators. In other words, we postulates that the scarcity message type and scarcity depth play an essential moderating role in the relationship between the inferred motives and purchase intention. In other worlds, different from the past studies, we examine the interplay between the perceived motives and scarcity type, and between the perceived motives and scarcity depth. Both of these constructs have been examined in isolation, but a key question is whether they interact to produce an effect in reaction to the scarcity message type or scarcity depth increase. The perceived motive Inference behind the scarcity message will have important impact on consumers' reactions to the degree of scarcity depth increase. In relation ti this general question, we investigate the following specific issues. First, does consumers' inferred motives weaken the positive relationship between the scarcity depth decrease and the consumers' purchase intention, and if so, how much does it attenuate this relationship? Second, we examine the interplay between the scarcity message type and the consumers' purchase intention in the context of the scarcity depth decrease. Third, we study whether scarcity message type and scarcity depth directly affect the consumers' purchase intention. For the answer of these questions, this research is composed of 2(intention inference: existence vs. nonexistence)${\times}2$(scarcity type: special vs. general)${\times}2$(scarcity depth: high vs. low) between subject designs. The results are summarized as follows. First, intention inference(inferred motive) is not significant on scarcity effect in case of special scarcity message. However, nonexistence of intention inference is more effective than existence of intention inference on purchase intention in case of general scarcity. Second, intention inference(inferred motive) is not significant on scarcity effect in case of low scarcity. However, nonexistence of intention inference is more effective than existence of intention inference on purchase intention in case of high scarcity. The results of this study will help managers to understand the relative importance among the type of the scarcity message and to make decisions in using their scarcity message. Finally, this article have several contribution. First, we have shown that restrictions server to activates a mental resource that is used to render a judgment regarding a promoted product. In the absence of other information, this resource appears to read to an inference of value. In the presence of other value related cue, however, either database(i.e., scarcity depth: high vs. low) or conceptual base(i.e.,, scarcity type special vs. general), the resource is used in conjunction with the other cues as a basis for judgment, leading to different effects across levels of these other value-related cues. Second, our results suggest that a restriction can affect consumer behavior through four possible routes: 1) the affective route, through making consumers feel irritated, 2) the cognitive making route, through making consumers infer motivation or attribution about promoted scarcity message, and 3) the economic route, through making the consumer lose an opportunity to stockpile at a low scarcity depth, or forcing him her to making additional purchases, lastly 4) informative route, through changing what consumer believe about the transaction. Third, as a note already, this results suggest that we should consider consumers' inferences of motives or attributions for the scarcity dept level and cognitive resources available in order to have a complete understanding the effects of quantity restriction message.

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