• Title/Summary/Keyword: Consumer protection law

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Characteristic Evaluation of Exposed Dose with NORM added Consumer Product based on ICRP Reference Phantom (ICRP 기준팬텀 기반의 천연방사성핵종이 포함된 가공제품 사용으로 인한 피폭선량 특성 평가)

  • Yoo, Do Hyeon;Lee, Hyun Cheol;Shin, Wook-Geun;Choi, Hyun Joon;Min, Chul Hee
    • Journal of Radiation Protection and Research
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    • v.39 no.4
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    • pp.159-167
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    • 2014
  • In Korea, July 2012, the law as called 'Act on Safety Control of Radioactive Rays Around Living Environment' was implemented to control the consumer product containing Naturally Occurring Radioactive Material (NORM), but, there are no appropriate database and effective dose calculation system. The aim of this study was to develop evaluation technique of the exposure dose with the use of the consumer products containing NORM and to understand the characteristics of the exposed dose according to the radiation type and energy. For the evaluate of exposure dose, the ICRP reference phantom was simulated by the MCNPX code based on Monte Carlo method, and the minimum, medium, maximum energy of alphas, betas, gammas from the representative NORM of Uranium decay series were used as the source term in the simulation. The annual effective doses were calculated by the exposure scenario of the consumer product usage time and position. Short range of the alpha and beta rays are mostly delivered the dose to the skin. On the other hand, the gamma rays mostly delivered the similar dose to all of the organs. The results of the annual effective dose with $1Bq{\cdot}g^{-1}$ radioactive stone-bed and 10% radioactive concentration were employed with the usage time of 7 hours 50 minute per day, the maximum annual effective dose of alphas, betas, gammas were calculated 0.0222, 0.0836, $0.0101mSv{\cdot}y^{-1}$, respectively.

A Study on Cross-Border Supply Regulation Policy of Telecommunications Service - Focused on Korea, USA, Japan - (통신서비스의 국경간 공급 규제정책 연구 - 한국, 미국, 일본을 중심으로 -)

  • Kang, Shin-Won;Bae, Hong-Kyun
    • International Area Studies Review
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    • v.13 no.1
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    • pp.445-464
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    • 2009
  • Many countries in the world have regulated cross-border supply in basic telecommunications services based on GATS exception rule for telecommunications because of anti-competition behavior control, domestic consumer protection, tax levy, national security, etc. Korea partially regulates cross-border supply in telecommunications service through the WTO and the domestic law and regulation. However, WTO and FTA negotiations, cross-border supply regulation are strongly demanded to deregulation. Therefore, it is required to review the effectiveness of cross-border supply regulation to prepare the counter plan for that regulation. Thus, the major countries of the telecommunication services regulation regarding the cross-border supply are reviewed. In addition, it is retrieved some implications for Korean regulation policy by reviewing the actual regulation of many countries cases.

A Study on the Legislative Guidelines for Airline Consumer Protection (항공소비자 보호제도의 입법방향)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.3-51
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    • 2017
  • From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

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The Relationship between Impulsive Buying Stimulus and Buying Experience in Cable TV Home Shopping (CATV 홈쇼핑에서의 충동구매 자극 요인과 구매 경험과의 관련성)

  • 서미정;김혜선
    • Journal of the Korean Home Economics Association
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    • v.42 no.3
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    • pp.105-118
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    • 2004
  • Cable TV Home Shopping is one of the popular distribution channels in modem society because of purchasing convenience and saving in shopping time. However, in spite of these advantages, there are some problems because of marketing strategies of many Cable TV shopping companies which stimulate impulse purchases. This study is aimed to find the relationship between buying experience and reaction to impulsive buying stimulus. This study can give a valuable insight in consumer education regarding impulsive purchase behavior in Cable TV home shopping. Study results can also give useful information on the direction of consumer campaign and consumer protection policies. The data was collected by using a questionnaire and the final 496 cases were analyzed by SPSS Win 10.0 program. The major finding were that: 1. Younger, more educated and unmarried consumers tend to response more to impulsive purchasing stimulus. 2. consumers with higher response to impulsive purchasing stimulus had more buying experience, higher shopping frequencies and spent more money in Cable TV home shopping than consumers with lower response. These study results showed that there are some relationship between impulse purchasing stimulus and buying experience in Cable TV home shopping. Therefore, Cable TV Home Shopping companies should provide correct information to the consumers, so they can make resonable decisions. And the consumers should also try to restrain themselves from purchasing impulsively. A law that will regulate all false or exaggerated ads should be provided. To reach righteous and beneficial home shopping culture for both consumer and companies, all these means should be cooperated.

A Study on Home Economist Education with Refrence to the Business Activities in Korea (가정학교육과 취업방안연구)

  • 한상순
    • Journal of the Korean Home Economics Association
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    • v.27 no.2
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    • pp.163-185
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    • 1989
  • Korean home economics education has around 100 years history. The main aims of home economics education up 1950 had not been changed, they were mainly for the improvement of household-skill to raise both standard of living and life quality as well as womanhood. After 1960's the standard of living drastically improved and the industrialization of Korean society was quite rapidly proceeded from simple to complex one. Because of these changes, I considered that the aims and the contents of home economics education should be reexamined and reshaped. This study motivated me that especially home economics major should be trained to be competent enough to work in industrialized society as much as the input to her college education. As industialization was made progress, family member's diverse role differentiation also occurred from past simple role such as house wife or girl's high school teacher among by home economics major. In this current societal change, most of the home economics major have wish to have opportunities obtaining new kinds of employment rather than obtaining merely teaching work. With this in mind I made a study on college level home economics education of the new adjustment to current and future industrialized Korean society. (1) The full number of officially admissible home economics major in 169 Korean colleges, 70 junior colleges, and one open university were as follows, 7139, 6080, and 230 respectively. The percentages of employed of employed numbers of them for the college and junior college graduates were 26.5 and 39.0 respectively. (2) The certificate qualifications issued to college home economics major are nutritionist (1st grade and 2nd grade), clothes and textilist, home economics teacher (2nd grade for high school) and kindergartener (2nd grade), The qualifications are certified after majoring each field from major departments of college of home economics by Ministrys of Labour and Education of the Korean government. The percentages of their employment are low as mentioned earlier. (3) To find out new employment opportunity for home economics graduates in home economist in business (henceforce/HEIB) status quo of consumer division for mational enterprise was surveyed. According to govermment decree of general law of consumer protection (1980), enterprise should organize bureau (offics, subdivision) on liability to consumer's complaint. Of 89.6% of the enterprise established th subdivision in which 96.2% of employee was male (3.8% was female). Of the employee college graduate and high school graduate were 93.2% and 6.8% respectively. On the employee's major acadmic backgroud (%), economics and business administration, engineering and low-political science were 39.5, 26.2 and 11.2 respectively. (4) To study on the relation between home economics and home economist in business, the aspect of historical development of HEIB, group of HEIB employing enterprise and their nature of business were tried to find out as well as perception and evaluation by enterprise on HEIB. (a) In the united States of America employed home economics major to enterprise was organized autonomously HEIB subdivision within American Home Economics Association since 1920's and the membership of HEIB was 3,000 of the AHEA membership 50,000. (b) In Japan the Japanese founder HEIB had three times the bilateral congress with the U.S.HEIB and had 10th anniversary celebration in 1988. Japanese HEIB member are not necessary to be home economics graduates but should have certificate as consumer adviser effected by the Minister of Trade and Industry. Japanese subdivision of consumer affaire within Japanese enterprise employ the consumer adviser with the certificate. Because of this different system from the United Sates, Japanese HEIB call their title "HEEB" instead of HEIB. The Japanese consumer adviser certificate system had initiated since 1980 and it belongs to 2nd level national qualification certificate. Currently active membership of Japanese "HEEB" association had increased from 115 (in 1979) to 319 in 1988. (5) For the opening of the future new employment of home economics graduates to enterprise and qualification required for the HEIB by national enterprise in Korea, I studied on the courses which seem to be important and required by employee in the field of HEEB in the United States of America and preliminary curriculum for home economics related major student aimning to be the future "HEEB" by Japanese HEEB study group of Japanese Association of Home Economics. It is suggested that it is very important and urgent to realize as home economics educator to have common deep concern and endeavors on opening new employment for our home economics major student1), we should try to publicize strongly and let enterprise and consumer protection board realize that employee in the subdivision of consumer protection should be the one who well experienced home economics major graduates2), we, home economics educator, should try to develop actively new curriculum in line of the suggestion made earlier for our future home economics major student of open broadly their future employment opportunities3), we, home economics educators, should try to have consensus on whether we should have support from government in terms of receiving national qualification certificate on consumer pretection or not4), and I would appreciate if the Korean Home Economics Association and Korean Home Management Society paydeep and positive concern on this matter.

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The Improvement on the current law about Mutual aid service and information use (상조서비스 및 정보 이용에 관한 현행법상의 개선점)

  • Kim, Ku-Jong
    • Journal of the Korea Society of Computer and Information
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    • v.17 no.3
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    • pp.185-191
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    • 2012
  • The essence of Mutual aid service is looking into the general commerce about its goods and services that is a general viewpoint. Through the contract that the contractor related with the Mutual aid associations and Mutual aid companies. provide the goods and services to future member's demanding point. and members are pay out money, and pay for that on the installment plan. This Mutual aid business had been increased rapidly after 2005, it is expanded huge business, even its scale alone, the cost is estimated at over three trillion won. But because of Mutual aid business's prepayment installment plan, stipulated substance of the Law on hire-purchase systems were more actualized than in the past, but it leave much to be desired. for example, the obligation of explanation to Mutual aid associations and members of Mutual aid company, the consumer protection about the contract of advance received deposit, upward problem of capital, when establish the Mutual aid company etc. in this paper will review these problems and improvement about legal details that for the customers of Mutual aid service and development of Mutual aid industry, and claimed about Mutual aid law's singular legislation.

On the Novel Concept of "Accident" in the 1999 Montreal Convention -GN v. ZU, CJEU, 2019. 12. 19., C-532/18- (1999년 몬트리올 협약상 "사고"의 새로운 개념에 대한 고찰 - GN v. ZU, CJEU, 2019.12.19., C-532/18 -)

  • An, Ju-Yun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.3-40
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    • 2020
  • The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

The Legal Nature and Problems of Air Mileage (항공마일리지의 법적 성격과 약관해석)

  • Kim, Dae-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.163-199
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    • 2010
  • A frequent flyer program is a loyalty program offered by many airlines. Typically, airline customers enrolled in the program accumulate frequent flyer miles corresponding to the distance flown on that airline or its partners. There are other ways to accumulate miles. In recent years, more miles were awarded for using co-branded credit and debit cards than for air travel. Acquired miles can be redeemed for free air travel; for other goods or services, such as travel class upgrades, airport lounge access or priority bookings. The first modern frequent flyer program was created Texas International Airlines in 1979. This program was also adopted in Korean Air in 1984. Since then, the mileage programs have grown enormously. As of June 2009, the total member of two national airlines in Korea had been over thirty million. However, accumulated miles could be burden of airlines, because the korean corporations should record the annual financial report the accumulate mileage on a liability account by 'the international financial report standards(IFRS)' next year. The korean airlines need to minimize the accumulated miles, so that for instance Korean Airlines SKYPASS-miles expire 5 years after being earned. It means that miles earned on or after July 2008 will expire after five years if unredeemed. Thus, this paper attempt to analyze the unfairness of the mileage rules of korean airlines by examining a specific portion of the conditions relating to consumer protection, because many mileage users has difficulties using mileage programs and complained the amendment of the mileage rules. In conclusion, the contemporary mileage rules in Korea are rather unsatisfactory, because airlines is not only recognizing a mileage into a kind of benefit but also denying inheritance of mileage and the legal nature of mileage as a property right. It is necessary to amend relevant mileage rules in view of consumer protection, because air mileage is not simple benefit but a right of mileage user.

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A Comparative Legal Study on Safety and Transportation Convenience of Mobility Disadvantaged Persons (항공교통약자 안전 및 이용편의를 위한 비교법적 연구)

  • Hwang, Ho-Won;Cho, Jeong-Hyeon
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.63-97
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    • 2016
  • Ago the passenger who using a wheelchair was denied boarding from the airline. The ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST DISABLED PERSONS prohibits discriminatory treatment of persons with disabilities in transportation. But there are situations that limits the movement on persons with reduced mobility. The international community promote to protect disabled persons and persons with reduced mobility against discrimination and to provide them with assistance when travelling by air. According to news report, the governing Council of the International Civil Aviation Organization (ICAO) has established new global core principles on air transport consumer protection. The principles cover three phases of a customer's experience: before, during and after travel, and will now be considered by ICAO's 191 Member States when they develop or review their applicable national regimes. The international community are recognizing that passengers can benefit from a competitive air transport sector, which offers more choice in fare-service trade-offs and which may encourage carriers to improve their offerings, passengers, including those with disabilities, can also benefit from consumer protection regimes. In accordance with these we will also be provided to regulations that can prevent and protect the air passenger. In this paper analyze the regulations of the international air passenger rights, point out the lack of policy.

Canadian Domain Name Arbitration (캐나다의 도메인이름중재제도)

  • 장문철
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.519-546
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    • 2004
  • On June 27, 2002 Canadian Internet Registration Authority (CIRA) launched dot-ca domain name dispute resolution service through BCICAC and Resolution Canada, Inc. The Domain name Dispute Resolution Policy (CDRP) of CIRA is basically modelled after Uniform Domain Name Dispute Resolution Policy(UDRP), while the substance of CDRP is slightly modified to meet the need of Canadian domain name regime and its legal system. Firstly, this article examined CIRA's domain name dispute resolution policy in general. It is obvious that the domain name dispute resolution proceeding is non-binding arbitration to which arbitration law does not apply. However it still belongs to the arbitration and far from the usual mediation process. Domain name arbitrators render decision rather than assist disputing parties themselves reach to agreement. In this respect the domain name arbitration is similar to arbitration or litigation rather than mediation. Secondly it explored how the panels applied the substantive standards in domain name arbitration. There is some criticism that panelists interprets the test of "confusingly similar" in conflicting manner. As a result critics assert that courts' judicial review is necessary to reduce the conflicting interpretation on the test of substantive standards stipulated in paragraph 3 of CDRP. Finally, it analysed the court's position on domain name arbitral award. Canadian courts do not seem to establish a explicit standard for judicial review over it yet. However, in Black v. Molson case Ontario Superior Court applied the UDRP rules in examining the WIPO panel's decision, while US courts often apply domestic patent law and ACPA(Anticyber -squatting Consumer's Protection Act) to review domain name arbitration decision rather than UDRP rules. In conclusion this article suggests that courts should restrict their judicial review on domain name administrative panel's decision at best. This will lead to facilitating the use of ADR in domain name dispute resolution and reducing the burden of courts' dockets.

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