Food Product-related Consumer Dispute Resolution
Consumer Dispute Resolution Criteria
- The Korean government has established the Consumer Dispute Resolution Criteria for the resolution of disputes between consumers and suppliers, implemented in general or by product (Article 16 of the Framework Act on Consumers, Article 8 and Attached Table 1 of the Enforcement Decree of the Framework Act on Consumers, and the Consumer Dispute Resolution Criteria).
- The Consumer Dispute Resolution Criteria serve as the criteria of negotiation or recommendation for dispute resolution between disputing parties who lack an expressed means of resolution (Paragraph 3 of Article 16 of the Framework Act on Consumers).
Application of the Consumer Dispute Resolution Criteria
- Food products to which the Consumer Dispute Resolution Criteria apply are as follows (Article 3 and Attached Table 1 of the Consumer Dispute Resolution Criteria):
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Category
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Subcategory
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Eggs
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Chicken egg, and quail eggs, etc.
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Meats
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Beef, pork, and chicken, etc.
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Grains
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Rice, barley, bean, millet, durra, red bean, wheat, sesame seed, and peanut, etc.
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Fruits
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Pear, apple, peach, tomato, watermelon, oriental melon, grape, persimmon, banana, and pineapple, etc.
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Vegetables
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Turnip, Chinese cabbage, carrot, cucumber, eggplant, spring onion, garlic, tangerine, date, cabbage, onion, chili, zucchini, lettuce, and spinach, etc.
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Seafoods
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Fish, shellfish, seaweeds, and dried fish, etc.
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- The criteria for the resolution of disputes regarding the above food products are as follows (Article 3 and Attached Table 2 of the Consumer Dispute Resolution Criteria).
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Category
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Dispute type
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Resolution criteria
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Eggs Meats Grains Fruits Vegetables Seafoods
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1) Deficiency of content, weight, or quantity; incorrect indications
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Replacement or refund
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2) Decomposition or deterioration
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3) Expired product
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4) Contamination
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5) Adverse effect on consumer
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Compensation for treatment, expenses, and lost profit, etc.
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6) Injury caused by container damage, etc.
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※ "Lost profit" is limited to verifiable loss of profit resulting from damages. If not quantifiable in terms of monetary value, market labor cost shall serve as the reference.
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- If another set of dispute resolution criteria defined by another statute is more advantageous to the consumer than the above Consumer Dispute Resolution Criteria, the former shall be given precedence over the latter (Paragraph 1 of Article 9 of the Enforcement Decree of the Framework Act on Consumers).
- If the Consumer Dispute Resolution Criteria does not include a criterion that applies to a particular item of dispute, the criterion which applies to a similar item of dispute can be followed (Paragraph 2 of Article 9 of the Enforcement Decree of the Framework Act on Consumers).
- If two or more criteria of the Consumer Dispute Resolution Criteria apply to the same item of dispute, the consumer may select the criterion to follow (Paragraph 3 of Article 9 of the Enforcement Decree of the Framework Act on Consumers).