• 제목/요약/키워드: Consumer Studies

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The Legal Characteristics of Consumer Arbitration Clause and Defenses in the U.S. Contract Laws

  • Ha, Choong-Lyong
    • 한국중재학회지:중재연구
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    • 제23권3호
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    • pp.61-80
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    • 2013
  • The U.S. Supreme Court delivered a decision on the case between AT&T and Concepcion, which confirmed the contractuality of a defense as a threshold to distinguish between what is a viable defense for invalidation of consumer arbitration agreement and what is not. In this paper, the adhesiveness of arbitration clause, which is a unique character for consumer arbitration, is investigated in the U.S. as a legal defense to invalidate the consumer arbitration agreements, and its contractuality and related legal doctrines are analyzed. The legal issues of consumer arbitration have been analysed in several legal perspectives including the voluntary, knowing and intelligent doctrine, doctrine of separation, contract of adhesion and the contractuality of defenses. Among all of these, the first three issues are related with arbitration clause, and the last one, the contractuality of defenses, reflects the nature of defenses invalidating the consumer arbitration agreement.

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도시 남성근로자의 생활시간구조분석 (Time-Use Analysis of Urban Employed Husbands)

  • Lee, Ki-Young;Song, Hye-Rim;Lee, Seung-Mi;Min, Sun-Seon;Seo, Ji-Won
    • 가정과삶의질연구
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    • 제14권1호
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    • pp.97-112
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    • 1996
  • This study is (1) to analyze urban employed husbands' time use applying a framework which classifies a day into public time familial time and individual time in order to demonstrate its disproportion in terms of their and their families' welfare(2) and to identify the related factors to their time use. Data for 280 husbands were gathered through structured questionnaire and time diary. Major findings are as follows; (1) Husband's time allocation is usually concentrated on their individual and public time while they spend relatively very short familial time. (2) Types of occupation age and wives' employment status are all related with husbands; time use but their sex-role attitude shows no significant relation.

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웰빙 차(茶) 음료 구매 영향요인에 관한 연구 (A Study of Factors Affecting the Purchases of Well-Being Tea Drinks)

  • 문수정;정순희
    • 가정과삶의질연구
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    • 제26권6호
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    • pp.71-82
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    • 2008
  • The purpose of this study was to identify factors affecting the purchases of well-being tea drinks based on the analysis of demographic characteristics, well-being oriented consumer behaviors, and consumer consciousness toward well-being tea drinks. The subjects of this study were undergraduates and graduate students in Seoul. The findings were summarized as follows: 1. Well-being oriented consumer behavior patterns were categorized in three factors; non-dietary life, selective dietary life, and regular/temperate behavior and consumer consciousness toward well-being tea drinks were categorized in two factors; habit/ familiarity and health/ economical efficiency. 2. Multiple regression analysis was used for finding out factors affecting the purchases of well-being tea drinks; independent variables were demographic characteristics(sex, monthly average family income and the amount of personal expenditure), well-being oriented consumer behavior factors and consumer consciousness factors toward well-being tea drinks. Weekly purchase frequency of well-being tea drinks was defined as a dependent variable. As a result, the purchases of well-being tea drinks were influenced in order of regular/temperate behavior, the consciousness of health/ economical efficiency, the amount of personal expenditure and the consciousness of habit/ familiarity. Especially, regular/temperate behavior negatively affected the purchases of well-being tea drinks.

소비자중재합의의 효력에 관한 미국 법원의 태도와 함의 (The U.S. Courts' Attitudes towards the Validity of Consumer Arbitrations)

  • 강용찬;박원형
    • 한국중재학회지:중재연구
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    • 제21권1호
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    • pp.73-86
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    • 2011
  • Today's arbitrations see themselves as the most effective scheme for dispute resolution in a variety of transactional context. While some kind of ADR system was already introduced in Korea as of 2007 with revision of the Consumer Basic Law, consumers' needs in dispute resolution remain unmet. Recently one consumer arbitration case divides the U.S. Supreme Court. Of course, the result of the case is expected to affect tens of millions of arbitration agreements in the States which has the most developed scheme in consumer arbitrations. While Arbitration clauses in adhesion contracts are not automatically held to be substantively unconscionable, Class action waivers are one of the most controversial issues in consumer arbitration. In this study, with the theoretical background of consumer arbitrations general, and contractual defenses against adhesive contracts, reviewed are U.S. federal courts' attitudes toward certain consumer arbitration agreements including the class arbitration waiver. Moreover, several issues in AT&T case are examined for practical implications for consumer dispute resolution. All of these are expected to initiate further research to find some guidelines for the proper status and operation of consumer arbitration here in Korea.

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국제 전자상거래 변화에 따른 중재활용방안 (A Study on the Utilization of Arbitration in the Change of International E-commerce)

  • 김은빈;하충룡
    • 한국중재학회지:중재연구
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    • 제33권4호
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    • pp.69-87
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    • 2023
  • This study recognizes that consumers are becoming important as a subject of commerce as they change from the existing e-commerce market to the consumer-led e-commerce market, and proposes the use of consumer intervention as a remedy for consumer damage in international e-commerce disputes. In Korea, there is no separate regulation on consumer arbitration, so we will analyze the U.S. arbitration judgment, which is the most active in consumer arbitration, and examine it through the U.S. arbitration judgment so that arbitration can become active as a remedy for consumer disputes in Korea. In summary, in the event of a dispute between consumers and companies through e-commerce, consumers' preference for arbitration was confirmed through repeated collection of opinions without coercion. It is necessary to revitalize arbitration in Korea to protect consumers through arbitration rather than litigation and to resolve disputes through active alternative dispute resolution as a solution to disputes in e-commerce, which is rapidly increasing through U.S. consumer arbitration cases. The topic of the activation of arbitration has been mentioned a lot before, but the preference for arbitration is still lower than that of litigation. However, from now on, as the appearance of existing commerce has changed to consumer-led e-commerce, it has proposed a plan to use arbitration to rescue consumers from damage as consumers as buyers grow in the market.

소비자의 비윤리적 행동에 대한 방어전략 (The Defense Strategies against Consumer Unethical Behaviors)

  • 이은곤;박종필;최영은;오용희
    • 한국전자거래학회지
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    • 제17권4호
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    • pp.17-37
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    • 2012
  • 소셜 네트워크 서비스(SNS) 등 정보통신 기술의 빠른 진화는 사용자들 간의 소통과 응집을 가능하게 하는 순기능과 허위 사실의 유포나 소수의 여론 독점 등 역기능 요소로써 소비자의 문제행동을 유발시킬 가능성이 있다. 소비자의 문제행동이 점차 증가하고 있으며 이에 따라 많은 사업자들이 피해를 입고 있음에도 불구하고 소비자 문제행동에 관한 선행연구들이 미미하여 체계적인 대응 전략 마련이 어려운 상황이다. 따라서 본 연구에서는 소비자 문제행동에 대한 선행연구와 구조 기반 신뢰 연구에 기반하여 소비자의 문제행동 방어전략을 모색하였다. 본 연구를 통해 소비자의 비윤리적 행위의 영역에 이르기 까지 연구의 영역을 넓힘과 동시에 실무적으로는 소비자 문제행동에 대응한 사업자 전략 및 제도적 장치 보완에 기여할 수 있을 것으로 판단한다.