• Title/Summary/Keyword: Consumer protection law

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Website and Digital Content between Material Property and Intellectual Ownership Rights within the Legal Regulation of Internet

  • Azab, Rania S.
    • International Journal of Computer Science & Network Security
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    • v.22 no.2
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    • pp.424-435
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    • 2022
  • When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

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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Consumer Misperceptions, Product Liability Law and Product Safety

  • Lee Jong-In
    • International Journal of Human Ecology
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    • v.6 no.2
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    • pp.63-72
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    • 2005
  • This paper considered the impact of changing the product liability rule from consumer to producer liability on product safety under asymmetric information. In particular, it has been attempted to remove several constraints on antecedent studies. The main results of the study are as follows: under the misperception of the risk on a product, consumers may underestimate the probability of product failure. In this case, the accident rate can be lowered under the producer's liability rule. However, even under the asymmetric information, a consumer's estimation on the probability may be converged with the expected risk level, which could be called the 'rational expectation.' In this situation the probability of product failure can be lowered under the strict liability with contributory negligence. Additionally, it is possible to reduce the probability of product failure when a legal rule that imposes liability on cheapest cost avoider is admitted.

Differences in Diet-Related Attitudes and Demographics by Type of Food-Lifestyle: Focused on Adults in Their 20s and 30s (식생활 라이프스타일 유형에 따른 다이어트 관련 태도와 인구 통계학적 특성의 차이분석: 20, 30대 성인을 중심으로)

  • Park, Kwang Hee
    • Human Ecology Research
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    • v.53 no.6
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    • pp.655-665
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    • 2015
  • This study classified respondents by food-lifestyle and investigated differences in diet-related attitudes and demographic variables among food-lifestyle groups. Diet-related attitudes consisted of variables such as interest in diet, trial number of diet, diet period, weight loss, diet motivation, verification of products approved by the Ministry of Food and Drug Safety, verification of manufacturer's reliability, examination of damage cases and side effects, and awareness of consumer protection law. This study administered a questionnaire survey to adults between the ages of 20 and 39 who lived in Daegu and Uijeongbu from November 17th to December 14th 2014. Data collected from 293 respondents were analyzed using descriptive statistics, factor analyses, cluster analysis, analysis of variance (ANOVA) and chi-square tests. Four clusters (passive eating habit group, active eating habit group, convenience oriented group, and taste and health oriented group) were developed according to four factors of food-lifestyle (health-conscious, popularity-seeking, taste-seeking, convenience-seeking). The results of the ANOVA and chi-square tests indicated significant differences in interest in diet, awareness of consumer protection law, verification of products approved by the Ministry of Food and Drug Safety, verification of manufacturer's reliability, examination of damage cases and side effects, gender, education levels and household monthly income levels among food-lifestyle groups.

- An Empirical Research on the Product Liability Response System for Consumer Safety- (소비자 안전을 위한 제조물 책임 대응시스템에 관한 실증적 연구)

  • Kim Jin Yong;Oh Byeong Wan
    • Journal of the Korea Safety Management & Science
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    • v.6 no.3
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    • pp.65-75
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    • 2004
  • Product liability is the law of the manufacturer's responsibilities for the consumers' personal injuries or the losses of property resulted from defective products. In today's many countries, the product liability law are being enacted because of the safety of product use and the protection of consumer's right. In korea, the product liability is going to enforce on July 1, 2002. Though the construction of product liability response system is urgent situation, domestic manufacture company's PL response system is not nearly prepared in present. Consequently, the purpose of this study is to discuss the Quality Management's importance and the PL countermeasures by presenting the difference of PL response system construction degree by the Quality Management Maturity degree

A Study of the Active Plan for Alternative Dispute Resolution in Financial Dispute (금융분쟁에 있어서 ADR제도의 효율적인 운영방안)

  • Kim, Yong-Kil
    • Journal of Arbitration Studies
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    • v.24 no.2
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    • pp.53-80
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    • 2014
  • This article focuses on the Active Plan for Alternative Dispute Resolution(ADR) in financial Dispute. The financial consumers of Korea had suffered greatly from the IMF in 1997 and the global financial crisis in 2008, which also increased financial conflicts significantly. In particular, active financial transaction, due to the development of computer and financial techniques causes frequent consumer financial conflicts. It is beneficial to settle them for judicial economy through an alternative conflict arbitration system instead of lawsuit at the court. Many advanced countries settle financial conflicts through various ADR in their numerous financial conflicts. In the settlement of financial conflict, the ADR system, covering mediation and arbitration, is useful and appropriate. Each governmental institution has various conflict settlement organizations, and it is necessary to operate them effectively. In order to settle financial conflicts properly, it is necessary to study law on financial consumer protection, and it is also necessary to understand practical custom and practical knowledge and to systematize them. Further, it is important to manage financial conflict-related data, to accumulate professional experiences, and to prepare a financial conflict settlement system in order to introduce financial education earlier to the whole nation.

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Return Policies of Retailers in Korea: A Review by Store Format (패션상품의 유통업태별 반품정책 고찰)

  • Park, Kyung-Ae
    • Journal of the Korean Society of Clothing and Textiles
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    • v.32 no.8
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    • pp.1233-1243
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    • 2008
  • This study examined return policies of the Korean retailers and their differences by retail format. Return policies of 363 retailers including dept stores, discount stores, brand consignment stores, small shops, outlet stores, TV home shopping companies, and internet shopping malls were collected. Acceptance of refund or/and exchange, return grace period, and return requirements or restrictions of each retailer were analyzed. The results showed that most retail formats except small shops and internet shopping malls allowed refund. The seven day return grace period was most common though large retail chains allowed more generous time frames and small shops allowed shorter dates. Restrictions for return varied by retailers and retail formats. Generally retailers followed the guidelines of consumer protection laws. The study discussed implications of return policy analysis.

The Perceptions of Apparel Design and Merchandising Students on Creativity and Apparel Design Copyright

  • Salusso, Carol J.;Lee, Jaeil;Lee, Yoon-Jung;Kim Lin, Janet
    • International Journal of Costume and Fashion
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    • v.16 no.1
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    • pp.1-16
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    • 2016
  • The purpose of this study was to explore fashion design and merchandising students' perception of creativity and the copyright protection of apparel design. A survey with open-ended questions was developed and distributed to a total of 100 fashion major students with specializations in apparel design and merchandising from three different universities located in a northwestern state of the United States. A majority of respondents showed their awareness that copying apparel design is ethically wrong and counterfeiting is legally wrong. They were able to distinguish between copying and interpreting and were aware that incorporating limited elements from inspirations was ethically acceptable. However, many of the students look for design inspiration from secondary sources, such as existing designers' works which they observe over the Internet, magazines, fashion shows, and store shopping, which may pose them to the temptation to copy such ideas. Although fashion copyright protection law has yet to become enacted, a majority of respondents support passage of fashion copyright protection law. The results give support to the needs for addressing the creative problem-solving processes and ethical decision-making jointly within apparel design and merchandising curriculum.

Emotional Labor and Human Rights Protection in the case of airlines (감정노동과 인권보호 - 항공사를 중심으로)

  • Shin, Dong Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.87-108
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    • 2014
  • Recent examples of abuse by black consumers (including air travellers) against emotional laborers have become a serious social issue in Korea in that they are likely to violate human rights of those laborers. Emotional labor is a form of emotion regulation that creates a publicly visible facial and bodily display, and also emotional management within the workforce that creates a situation in which the emotion management by workers can be exchanged in the marketplace. Example professions that require emotional labor are: nurses, doctors, waiting staff, and television actors. However, as the economy moves from a manufacturing to a service-based economy, many more workers in a variety of occupational fields are expected to manage their emotions according to employer demands when compared to the past. One of symptoms deriving from emotional labor is smile mask syndrome abbreviated SMS, which is a psychological disorder proposed by professor Makoto Natsume where subjects develop depression and physical illness as a result of prolonged, unnatural smiling. And higher degree of using emotion regulation on the job is related to higher levels of employees' emotional exhaustion, and lower levels of employees' job satisfaction. In most part, emotional laborers are more abused and hurt by so called black consumers who are raising complaints relating to products and services purchased against service providers for the purpose of maliciously getting compensation. Against this background, the Korean Government abolished "the Consumer Protection Act" and instead promulgated "the Basic Consumer Act" in September 2006 which stipulates that consumers are expected to have protection as well as responsibility and duty. The Aviation Security Act cites the examples of prohibited behaviors (unruly passengers) while they are travelling. In addition, human rights of emotional laborers could be more protected by the enhancement of etiquettes and cavalry and improvement of culture and working environment.

A Study on Alternative Medical Disput Resolution -With a Focus on Medical Dispute Mediation of Kca- (제소 전 의료분쟁 해결에 관한 연구 -한국소비자원 의료분쟁 조정을 중심으로-)

  • Kim, Kyoung-Reay
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.71-89
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    • 2012
  • Just in case a patient's state couldn't get better or get even worse after medical practices, it is difficult for the patient's side to accept the result and it tends to think that its damage is caused by his doctor's malpractice. Medical practices of a doctor require highly advanced attention duty as a medical expert, because they are targeted at a human body of the best benefit and protection of the law. However, it is hard to prove the malpractice on the patient's side in medical dispute. Therefore, to solve a medical dispute quickly and fairly before the medical suit Korea Consumer Agency (KCA) has done a medical dispute adjustment business since 1999. For the past 5 years (2006~2010), the medical team of KCA had managed 4,171 cases as an injury relief, but it had dealt with them focusing on an injury relief business only after the occurrence of a medical accident. Afterwards, it is necessary to expand the range of its services in purpose of preventing the injury of consumers. If we can solve the problems -the clear statements about the cease of extinctive prescription in the fundamentals of comsumer act, the presence of parties directly concerned at comsumer dispute adjustment committee, and the effect of an agreement, etc. -, which have been founded in medical injury relief service of KCA and the management and procedures of the comsumer dispute adjustment committee of KCA and if we can also give KCA more workers and the proper budget of the government, we can expect KCA to become a more useful agency.

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