• Title/Summary/Keyword: Cosmetic Law

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ADR systems as solutions to reduce disputes of cosmetic law - Focusing on National Qualification System of Customized Cosmetic Preparation Managers - (분쟁의 소지가 있는 화장품법의 대체적해결방법으로서 ADR제도 -맞춤형화장품조제관리사 자격제도 중심으로-)

  • Kim, Ju Ri
    • Journal of Arbitration Studies
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    • v.31 no.4
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    • pp.137-160
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    • 2021
  • The customized cosmetics preparation management qualification system was implemented in March 2020, and it served to create jobs by developing professionals and vitalizing the cosmetics business. However, various problems such as high examination fees, suitability of questions, and utilization in industries are emerging. This paper attempts to prevent disputes that the system can cause and suggest ways to improve it by researching customized cosmetics, the industry status, and comparing foreign cosmetics laws. There is a kind of opinion that laws should be eased for this industry and the other opinion that expertise is necessary in this field because of safety. The system now has adverse effects due to a failure to adjust the difficulty of the exam. Cosmetics are not prescription-based, so they are routinely used. However, some toxic ingredients can cause side effects if they do not conform with certain standards. Also, it is difficult for a case to lead to lawsuits because most consumer damages related to cosmetics are individual. In addition, as e-commerce develops, there is a growing possibility of seeing more consumer damages. If safety and distribution issues, which experts are concerned about, escalate, the private dispute settlement system (among the ADR systems) should be activated as a resolution method.

The Cosmetic Operation without Healing Purpose - A comparative insight into the ruling of BSG and BGH - (미용성형의료 - 우리 판결례와 독일 판결례의 비교·분석적 소고 -)

  • Ahn, Bup-Young
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.3-82
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    • 2015
  • This paper is concerned in the theme of the liability for the breach of duty to inform(Haftungszurechnung der $Aufkl{\ddot{a}}rungspflichtverletzung$) and the malpractice of cosmetic surgery. Here, the terms, treatments for healing purposes and purely medical-technical cosmetic operations are well integrated in the category of "medical conduct(medizinische Handlung)" within the meaning of the public and administrative 'Medical Law'. In the judgment of 6. 13. 2013 Az. 2012DA94865 provides the KHGH(Korean Highest Court of Justice) to inform the patient about the prospects and risks of cosmetic surgery(Infrabrow Excision Blepharoplasty) stringent requirements, similar to the judicature of BGH(cf. BGH, Urt. v. 6. 11. 1990, Az.: VI ZR 8/90). Even in the judgment of 5. 12. 2014 Az. 2013GASO865646 the SZLG(Seoul Central Regional Court) recognizes the physician contract for 'cosmetic septoplasty' as a sort of contract for work. The medical treatment(${\ddot{a}}rztliche$ Heilbehandlung) is still regarded as a prototype of the medical activity, therefore in the meaning of the 'Civil Law(KBGB)', its term needs to be used immediately for healing purposes. The cosmetic operation, desired by a patient, differs from the healing treatment by the element of "indication" and the fact that the "healing purpose(Heilzweck)" itself is missing. In comparative context - methodically fully aware that the unreflective term transfer between different laws might contradict their legal purposes - a series of judgments BSG(BSGE 63, 83, BSGE 72, 96, BSGE, 82, 158, BSGE 93, 252 etc.) and some judgments of LSG are reviewed. In addition, also the dogmatic topic for the "legal natur of a medical treatment contract" is to reconsider by comparative introducing BGHZ 63, 306. Now in view of the current state of greater popularity of artificial cosmetic surgery still indeed is the sentences: The doctor is minister naturae, a helper of nature. A doctor promises regularly only the proper treatment of the patient, but the contractual liability for work should not be excluded in medical conditions for cosmetic surgeries altogether. "With cosmetic operations, seeking to eliminate the external deformities, the doctor may miss the medical profession entirely." - A. Laufs, Medical Law, 5th ed. P. 18.

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A study on Strategy of Korea-U.S.A. FTA Negotiation in Cosmetics Industry and Reformation of Cosmetics Law (한국 화장품산업의 한.미 FTA 통상협상전략과 관련 법규 개선방향에 관한 연구)

  • Park, Sang-Gi
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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    • pp.189-223
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    • 2007
  • In Korea-U.S.A. FTA Negotiation, U.S.A. request to eliminate barriers of tariffs and non-tariff in trade of cosmetics. Korea applies tariffs of 8% on most cosmetics and personal care products. There are some non-tariffs barriers in cosmetics trade between Korea and U.S.A., for example, transparency on restriction and regulatory, cosmeceuticals, import clearance review, quality control testing, ingredient labelling. Tariffs of 8% on most cosmetics should be eliminated, a proviso of complementary measures on sanitation of Korean people about imported cosmetics. This is a meaning of reformation of prior management(tariffs) by strong ex post management in cosmetics trade. It is important that Korea should construct system of ex post management, for instance, construction of data base on manufacturer, importer, bland name of cosmetics and all ingredients of cosmetics. This is concerned with labelling of cosmetics and cosmeceutical and publication of Korean edition of INCI(International Nomenclature of Cosmetic Ingredient).

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A Study on the Recycling Improvement method of a Cosmetic Container in Korea (우리나라 화장품용기의 재활용 증진 전략)

  • Kim, Young-Gook;Lee, Hoon;Jung, Jae-Chun
    • Journal of the Korea Organic Resources Recycling Association
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    • v.10 no.1
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    • pp.128-138
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    • 2002
  • Waste recyling is a very important concept with waste minimization in the waste managment. Especially, recycling waste from the point of environmental and economical view is useful. The recycling part of package waste needs to continuously grow. But, cosmetic container, which is continuosly increased as waste. The difficulty of waste treatment in cosmetic industy produces complicated environment problem. Cosmetic container is difficult to recycle because it mostly made of complex material. Also, cosmetic container is difficult to separate I source and thus usually are generated mixed waste. In this study we performed an analysis on the Recycling Improvement method of a Cosmetic Container The result of this study could be summarized as follows 1) As a part of law and a system improvement, must be achieved Improvement Cosmetic law, Deposit refund system. and charge system, Technology development for recycling of a cosmetic container, Extension of refill productions, Recovery system establishment of a cosmetic container and inducement of a maker's recycling paticipation. 2) As a part of a cosmetic container design improvement, must be achieved simplification and standardize of container's cuality, Cosmetic life cycle extension, Selection of recycling materials and Cosr reduction of a cosmetic container. In conclusion, To the recycling improvement of a cosmetic container, must be achived collective development of system improvement, participation of the government and company and a consumer's recycling consciousness. Most of all, A company need to try to recycling container development of a cosmetic container.

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Investigation of Consumers' Knowledge and Preference towards Functional Cosmetics (기능성 화장품에 대한 소비자 인지도와 선호도 조사)

  • Choi, Sun-Hye;Hong, Ran-Hee
    • Journal of the Korean Society of Fashion and Beauty
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    • v.3 no.2 s.2
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    • pp.55-64
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    • 2005
  • The purpose of this study is to investigate consumers' knowledge and preference towards functional cosmetics. Through the beauty advisors' surveys, their own selling styles and consumer behaviors recognized by beauty advisors were analyzed. It was intended to help extend and strengthen the functional cosmetic market which has continued to grow rapidly since the approved goods under cosmetic law in 2001. For this study, the data was collected through questionnaires the professional consumer counselors confirmed from Korean women over the age. of twenty old living in the Seoul and Kyoungki areas. After pre-research was implemented on 45 women, 328 samples were analyzed as final samples. In addition,46 samples, which were collected through the questionnaires from beauty advisors were analyzed. Samples were analyzed by frequency, percentage, T-test, ANOVA using the SPSS program. The results of study were as follows: First consumers recognized whether functional cosmetics or not. According to the beauty advisor's surveys, consumers regard the functional cosmetic boundary as being wider than real functional cosmetic boundary according to cosmetic law. So, there is a gap between consumers' opinions and real law. Second, regarding the purchasing channels, the largest channel is the cosmetic store. As far as consumers are concerned the most important factor when buying cosmetics, is the suitability of their own skin types. The second factor is product quality and the third factor is price. Functional cosmetics non-experienced group are more concerned with price compared to experienced group. Related to purchasing products, functional cosmetics experienced group buy set products compared to non-experienced group buy one product. Third, the ultraviolet filter cosmetics portion is the largest in the functional cosmetics market the second largest portion is bleaching cosmetics and the third largest portion is the anti-senility cosmetics. However, Most preferred by consumers is the anti-senility cosmetics. Moreover, preference for ultraviolet filter cosmetics is the least. Finally, the level of satisfaction for functional cosmetics is high and dissatisfaction is low. Consumers feel that beauty advisors are simply pushing high priced products without recognizing the consumers' real needs. In conclusion, to develop the functional cosmetic market continually in the future, it needs to extend various products and advertise them until consumers are more aware.

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Approach of Antiaging Care in Cosmetics (항노화 화장품 연구 개발 동향)

  • Chang, Ih-Seop;Son, Ui-Dong;Hwang, Jae-Seong
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.31 no.3 s.52
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    • pp.213-218
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    • 2005
  • Recently, with the remarkable increase in elderly persons and improvement of skin care technique, the requirements of customer for anti-aging care have become very important. Also, after cosmeceutical-product law was done in 2001, the major interesting field in cosmetic industry has been focused to developing anti-aging materials having safety and efficacy by basic science. In this review, we ill introduce the trend of anti-aging research and materials to prevent wrinkle or improve elasticity of skin.

Trend of Depigmenting Research Based on Patent Analysis (특허분석으로 본 미백 연구의 기술 동향)

  • Kim, Eun-Ki;Lee, Hyang-Bok;Lee, Haeng-Byoung;Lee, Cheo-Young
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.33 no.4
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    • pp.209-217
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    • 2007
  • Melanin plays an important role in protecting human skin from UV radiation and determines the race and skin color. Melanin is also major target for developing skin-whitening cosmeceuticals. Recently, as the market size of skin-whitening cosmeceuticals has rapidly expanded, related researches and developments are also focused on maximizing the safety and efficacy. Also, patents of skin-whitening materials have been increasing steadily for ensuring the competitive power. Patent also shows the research trend of industry and institutes. In this review, we analyze the trend of research and development based on the patent application of skin-whitening cosmeceuticals.

Patent and Anti-wrinkle Cosmetics

  • Jang Jinah
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.29 no.2 s.43
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    • pp.131-147
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    • 2003
  • In the 21st century, the development of cosmetics is led to pursue the high functionality of cosmetics with excellent effectiveness and safety. As Cosmetic Act took effect in 2000, functional cosmetics is provided in the law. As a result, the research and development of functional cosmetics has continually increased, and the number of patent applications in functional cosmetics has also rapidly increased as a plan for preoccupying in the functional cosmetics age. Now, the cosmetic industry has a great interest in developing anti-wrinkle cosmetics among functional cosmetics, because women's desire for having young resilient skin has increased since Korea entered an aging society thanks to the advanced medical technology. The patent application trends of anti-wrinkle cosmetics at home since 2000 particularly show the rapid increase in the applications in natural plant extracts. It may be because Korean consumers preference of vegetable cosmetics has resulted in the development of raw materials based on the traditional medicine. As for the existing preparation such as Retinoid or Ascorbic acid, the patent application itself will be an essential technical element in the future because patent applications are filed in the field of a preparation of cosmetics for stabilizing ingredients, reducing skin irritability or promoting absorbance, and in the field of cosmetic formulation technology. As there are many studies on the causes of skin wrinkles, it is expected that new raw materials of cosmetics can be developed due to new mechanisms, and that the number of patent applications in new technologies will increase due to a change in the thought of cosmetics accompanied by the integration of cosmetics with biotechnology using Genetic Engineering, including the practical application of the medicine previously used far treating skin diseases to an anti-wrinkle agent and the mass production of active ingredients of cosmetics.

Rheology of Concentrated Xanthan Gum Solutions : Steady Shear Flow Behavior

  • Song Ki-Won;Kim Yong-Seok;Chang Gap-Shik
    • Fibers and Polymers
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    • v.7 no.2
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    • pp.129-138
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    • 2006
  • Using a strain-controlled rheometer, the steady shear flow properties of aqueous xanthan gum solutions of different concentrations were measured over a wide range of shear rates. In this article, both the shear rate and concentration dependencies of steady shear flow behavior are reported from the experimentally obtained data. The viscous behavior is quantitatively discussed using a well-known power law type flow equation with a special emphasis on its importance in industrial processing and actual usage. In addition, several inelastic-viscoplastic flow models including a yield stress parameter are employed to make a quantitative evaluation of the steady shear flow behavior, and then the applicability of these models is also examined in detail. Finally, the elastic nature is explained with a brief comment on its practical significance. Main results obtained from this study can be summarized as follows: (1) Concentrated xanthan gum solutions exhibit a finite magnitude of yield stress. This may come from the fact that a large number of hydrogen bonds in the helix structure result in a stable configuration that can show a resistance to flow. (2) Concentrated xanthan gum solutions show a marked non-Newtonian shear-thinning behavior which is well described by a power law flow equation and may be interpreted in terms of the conformational status of the polymer molecules under the influence of shear flow. This rheological feature enhances sensory qualities in food, pharmaceutical, and cosmetic products and guarantees a high degree of mix ability, pumpability, and pourability during their processing and/or actual use. (3) The Herschel-Bulkley, Mizrahi-Berk, and Heinz-Casson models are all applicable and have equivalent ability to describe the steady shear flow behavior of concentrated xanthan gum solutions, whereas both the Bingham and Casson models do not give a good applicability. (4) Concentrated xanthan gum solutions exhibit a quite important elastic flow behavior which acts as a significant factor for many industrial applications such as food, pharmaceutical, and cosmetic manufacturing processes.

Study on Korean Women's Knowledge And Usage Behaviors of Cosmeceuticals - Focused on their lifestyle - (우리나라 여성들의 기능성 화장품에 대한 지식 및 이용행태 연구 - 라이프 스타일을 중심으로 -)

  • Bae Yu-kyung;Kim Ju-duck
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.29 no.2 s.43
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    • pp.251-270
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    • 2003
  • Cosmetics have had only simple efficacy such as cleansing, beautification, and so on. The latest development tendency for cosmetics turned to make goods that is effective and efficacious for whitening, anti-wrinkle, etc., due to various wants of consumers, development of relative technical, etc. According to this stream, Korea Cosmetics Law has been enacted by the Notification of the Korea Food and Drug Administration in 2000. The establishment of Korea Cosmetics industry and opened regular 'Cosmeceuticals Time'. Since the Korea Cosmetics Law took effect on July 2000, the cosmeceuticals system has settled down according to its lights. This research studied how women consumers were understanding the cosmeceuticals system focused on their life style. This study is considered to offer a basic information about consumer's type and to be a groundwork data for working out a marketing strategy about the subdivision of cosmeceuticals market.