[발언과 논평] 사분오열이면 사상누각일뿐; 합력해서 법제도개선에 힘쓰자

차은주(Cha, Eun-Ju) 대한건축학회 2021 建築 Vol.65 No.2

숙박플랫폼과 불공정 약관 조항의 문제 ― 서울고등법원 2020. 5. 20. 선고 2019누38108 판결 및 서울고등법원 2021. 2. 4. 선고 2019누39019 판결을 중심으로 ―

차은주 ( Cha Eunjoo ) 연세대학교 법학연구원 2023 연세법현논총 Vol.2 No.1

숙박플랫폼의 거래구조는 숙박플랫폼, 숙박업체, 고객의 3면 구조로 이루어져 있고, 개별 주체 간 별도의 계약(숙박플랫폼과 숙박업체 간의 숙박시설 등록계약, 숙박플랫폼과 고객 간의 플랫폼 이용계약, 고객과 숙박업체 간의 숙박계약)이 이루어짐에 따라 본사가 외국에 있는 글로벌 숙박플랫폼에 대한 규제가 쉽지 않았다. 최근 서울고등법원은 글로벌 숙박플랫폼인 부킹닷컴 비브이와 아고다 컴퍼니 유한회사가 자신의 플랫폼에서 고객이 숙박업체를 검색하는 경우 ‘환불불가’라는 조건을 게시하여 고객에게 제시하여 온 것과 관련하여 공정거래위원회가 위 환불불가 조항의 시정을 명한 처분이 모두 위법하다고 판단하였다. 다만, 서울고등법원은 부킹닷컴 비브이는 약관의 규제에 관한 법률상 사업자에 해당한다고 보았으나 아고다 컴퍼니 유한회사는 그러한 사업자에 해당하지 않는다고 보았다. 이 연구에서는 환불불가 조항이 약관의 규제에 관한 법률의 적용 대상이 되는 지, 약관에 해당하는지, 숙박플랫폼이 약관의 규제에 관한 법률상 사업자에 해당하는지, 환불불가 조항이 그 내용의 불공정성이 인정되는지 여부를 중심으로 위 서울고등법원 판결의 각 내용을 분석하고, 위 판결의 차이점을 검토한다. 결론적으로 고객에게 실질적인 객실 선택권이 있었으므로 환불불가 조항이 ‘고객에게 부당하게 과중한 지연 손해금 등의 손해배상 의무를 부담시키는 조항’에 해당하지 않는다고 판단한 서울고등법원의 판결은 타당하다. 한편, 위 환불불가 조항은 전자상거래 등에서의 소비자보호에 관한 법률 제17조, 제35조에 따라 소비자에게 불리한 계약에 해당하여 무효가 될 여지가 없는지 살펴보아야 한다. 또한 숙박플랫폼에 환불불가 조항이 적용된 객실만이 게시된 일부 상품에 대해서는 실질적인 객실선택권을 부여받지 못한 고객들의 보호를 위한 제도적인 보완이 필요할 것이다. It was not easy to regulate global accommodation platforms whose head office is located in a foreign country, because of the transaction structure of the accommodation platform consists of three sides: accommodation platform, accommodation company, and customer, and separate contracts between each individual entity(accommodation registration contract between accommodation platform and accommodation company, platform use contract between accommodation platform and customer, and accommodation contract between customer and accommodation company). Recently, the Seoul High Court ruled that all measures ordered by the Fair Trade Commission to correct the above non-refundable clause were illegal in connection with global accommodation platforms Booking.com B.V., and Agoda Company Private Limited posting a condition of “non-refundable” when customers search for accommodation companies on their platforms. However, the Seoul High Court considered Booking.com B.V. to be a business person under the Act on the Regulation of Terms and Conditions, but the Agoda Company Private Limited did not. This study analyzes each content of the above Seoul High Court rulings, and examines the differences in the above rulings, focusing on whether the non-refundable clause is subject to the Act on the Regulation of Terms and Conditions, whether the non-refundable clause is terms and conditions, whether the accommodation platform is a business person under the Act on the Regulation of Terms and Conditions, and whether the non-refundable clause is recognized as unfair in its contents. In conclusion, the Seoul High Court ruling that the non-refundable clause does not constitute a “clause which obligates customers to pay unreasonably heavy loss, including but not limited to, excessive liquidated loss for delay” is valid because the customer had a practical right to choose a room. On the other hand, it is necessary to examine whether the above non-refundable clause is invalid as it constitutes Contracts Disadvantageous to Consumers pursuant to Article 17 and 35 of the Act on the Consumer Protection in Electronic Commerce, etc. In addition, some products with only non-refundable rooms on the accommodation platform will need institutional supplementation to protect customers who have not been given a practical right to choose a room.

디지털 헬스케어 패러다임에 따른 무용웰니스의 티핑 포인트 전망

차은주 ( Cha Eun-joo ),오윤선 ( Oh Youn-sun ) 한국체육학회 2020 한국체육학회지 Vol.59 No.2

이 연구는 4차 산업혁명에 따른 디지털 헬스케어 패러다임에서 무용웰니스의 티핑 포인트(tipping point)를 전망하는 것이 목적이다. 이를 위해 디지털 헬스케어의 기술 특성과 유형을 살펴보고 산업현황 및 웰니스 분야 무용관련 문헌을 고찰하였다. 그 결과 첫째, 디지털 헬스케어는 유헬스(u-health)를 기반으로 스마트헬스(s-health), 모바일헬스(m-health)를 포함하는 개념으로 개인의 질병치료와 예방을 위한 맞춤형 건강관리 서비스 산업으로의 급성장하고 있다. 디지털 헬스케어 플랫폼은 개인건강기기(PHD), 개인건강 애플리케이션(PHA), 개인건강정보(PHI), 개인건강정보 플랫폼(PHI Platform)으로 구성되며, 무용웰니스는 주로 노인건강 증진을 위해 정보기술의 활용 및 필요성이 제기되었다. 둘째, 디지털 헬스케어 패러다임에서 무용웰니스의 티핑포인트를 전망하였다. 무용웰니스의 티핑 포인트를 위한 요인으로, 사용자 중심의 디지털 헬스케어 기반 무용웰니스 프로그램 개발, 무용웰니스 참여자 중심의 디지털 헬스케어 기기 및 플랫폼의 개발과 활용, 디지털 헬스케어를 활용한 무용웰니스 프로그램 수행기관의 확대, 디지털 헬스케어에 대한 지식을 갖춘 무용웰니스 전문가 양성 및 재교육을 들 수 있다. 무용웰니스 분야에서 디지털 헬스케어 패러다임의 수용과 확산을 통해 무용의 지속가능한 성장을 위한 방향성을 제시하였다. This study was conducted to forecast tipping points of dance wellness in the paradigm of digital health care boosted by the 4th Industrial Revolution. For this study, technical characteristics and forms of digital health care were examined, the present state of the industry was analyzed and dance-related literature in the field of wellness was considered. The study results are as follows. First, the concept of digital health care includes smart health(s-health) and mobile health(m-health) based on u-health and is rapidly growing as a customized health care service industry for treating and preventing individual diseases. Digital health care is composed of Personal Health Device(PHD), Personal Health Application(PHA), Personal Health Information(PHI) and Personal Health Information(PHI) platforms and the use of and need for dance wellness has been stressed mostly for improvement in health of the elderly. Second, in the paradigm of digital health care, tipping points of dance wellness were forecasted. As factors for tipping points of dance wellness, there is a need to develop user-centered digital health care-based dance wellness programs, develop and use dance wellness participant-centered digital health care devices and platforms, increase institutes that perform dance wellness programs using digital health care and cultivate and retrain dance wellness experts with knowledge of digital health care. Based on these results, this study suggests the direction for a sustainable growth of dance through acceptance and spread of the digital health care paradigm in the field of dance wellness.

학교스포츠클럽에 관한 연구동향 분석

차은주(Cha, Eun-Joo),허정훈(Huh, Joung-Hoon),김영재(Kim, Young-Jae) 한국체육과학회 2015 한국체육과학회지 Vol.24 No.2

This study was conducted to analyze the trends of domestic academic research on school sports clubs and seek the direction of future research. For this study, the studies which have been published in academic journals of domestic research foundations since 2007, were collected and a total of 161 studies were selected as research subjects. The selected studies were classified depending on the years of research, research targets, research topics and research methods. The study results are as follows. First, the studies on school sports club began to be published in 22 academic journals from 2008 and the publications have increased over time. Second, the research subjects were concentrated on students, especially middle school students. Third, the research topics about school sports clubs were classified into 14 trends. The biggest number of the studies was about socio-psychological variables and there was a lack of empirical studies on health, physical fitness and obesity. Fourth, descriptive research occupied the biggest proportion of the methods of research on school sports clubs and here, most types of research were based on surveys. These study results demonstrate that for analyzing the trends of research on school sports clubs, there is a need to conduct a basic study which may influence the increase of participation of students and the continuity of policy and an experimental research to verify the empirical effect.

학교스포츠클럽 참여행동의 가치체계 분석

차은주(Cha, Eun-Joo),김영재(Kim, Young-Jae) 한국체육과학회 2015 한국체육과학회지 Vol.24 No.3

This study aims to analyze a value cognitive structure of school sports club participation behaviors for prosperity of school culture by applying the Means-End Chain(MEC) Theory. For this study, a laddering technique-based interview and an open-ended survey was conducted with 339 middle and high school students who participated in school sports clubs in Seoul and Gyeonggi area and data were collected. As the result, the characteristics of Attribute(A)-Consequence(C) -Value(V) stages of school sports club participation behaviors were extracted and a Hierarchical Value Map(HVM) was developed using betweenness centrality of the Netminer 4.0 program. The study findings are as follows: Frist, at each stage of school sports club participation behaviors, Attribute was 16, Consequence was 14 and Value was 8. Second, in terms of consequence(C) factors, pleasure, improvement in kinesthetic senses, health-related physical fitness and acquisition of exercise knowledge played high mediating roles. Based on these results, the meaning of the value system of school sports club participation behaviors and the orientation of the efficient school sports club policy were discussed.

운동중단 학생선수의 직업 실태 분석

차은주(Cha, Eun-Joo) 한국체육과학회 2012 한국체육과학회지 Vol.21 No.5

The aim of this study is to examine the real state of occupation of drop-out athletic students. For achieving this purpose, a survey was performed targeting 303 social members who have jobs currently as drop-out athletic students, after collecting them with the snowball sampling method which is a non-probability sampling. As the result, a high proportion of drop-out athletic students were engaged in general fields rather than an athletic field. Most of them got their jobs through personal connections that are informal channels, on the average and there were more subjects who got jobs right after drop-out than those who spent time in finding them. The largest number of them earned an annual income of 30.1~50 million won and drop-out athletic students" earned income was lower than normal workers in all age groups. The most difficult things for them to adjust to the current occupations were standards of expectation, instability of employment-work site and skills for mastering tasks. Only a very low percentage of them had experience in attending vocational education, and their co-workers at the current work sites mostly showed favorable attitudes to athletic careers, although they were discriminated as athletic students, while finding employment.

장애인 요트선수의 현황 및 문제점

차은주(Cha, Eun-Joo),김영재(Kim, Young-Jae),허정훈(Huh, Joung-Hoon) 한국체육과학회 2012 한국체육과학회지 Vol.21 No.5

The purpose of this study is to conduct an in-depth interview of 11 number of disabled yachtsman who is a member of Korea Disabled Yacht Federation and analyze and understand the current status of disabled yacht as sports in Korea. First, despite the recent development of marine sports, disabled yacht has very few of convenient facilities and few number of marina clubs for the disabled. Second, there are still problems in discovering disabled yachtsmen due to the lack of support funds for both players and equipment and of budgets in municipal/provincial athletic association. Third, it lacks domestic competition and training due to travel time, competition schedule, and budget compared to other sports. Fourth, yachtsman"s ability has slowly improved due to the lack of professional leaders. Fifth, few safety boats are distributed due to safety problems compared to international competition. Disabled yacht can be expected to play a role as a place for social exchange that maintains a good relationship overcoming the situations above the sea through teamwork and as a mental effect that builds confidence.

슬관절 등속성 운동시 각속도가 뇌졸중 편마비 환자의 슬관절 근력 및 보행 균형능력에 미치는 영향

차은주(Cha, Eun-Ju),오재근(Oh, Jae-Keun),윤진호(Yoon, Jin-Ho) 한국체육과학회 2013 한국체육과학회지 Vol.22 No.3

The purpose of this study was to investigate the effects of different speed of knee isokinetic exercise on strength of knee muscle, balance and gait ability in the hemiplegic stroke patient. For this study, 15 patients with hemiplegia caused by strokes were participated voluntarily and they were divided into two group; the Low speed group(60°/sec), the High speed group (180°/sec). Isokinetic exercise was accomplished during 6 weeks (3 days/week). All tests were completed before exercise, 3-weeks later and 6-weeks later. The data was analyzed by using SPSS/PC ver. 18.0. For verifying the differences between groups and interaction, ANOVA with repeated measure was used. Significant level was p<.05. The main findings of this study were as follows; 1) 10m gait speed and Time Up and Go had significant differences according to measure time.(p=.005, p<.001). 2) There was significant difference according to time in single leg standing test with open eyes(p<.003). There were significant differences in balance test between directions(L/R and F/B) and only balance test (F/B) had significant differences between groups in 6 weeks after training. 3) There were significant differences according to time in paretic knee extensor(p=.002) and flexor(p=.009) muscle strength(60°/sec) and only paretic knee extensor muscle strength had significant differences between groups in 6 weeks after training(p=.035). 4) There were significant differences according to time in paretic knee extensor(p=.001) and flexor(p=.014) muscle strength(180°/sec). 5) There was no significant difference in knee extension/flexion strength ratio. As a result, isokinetic exercise on the affected knee joint can improve strength of lower extremities, balance and gait ability in hemiplegia. It was more effective in low speed exercise than high speed exercise.

학교스포츠클럽 인성프로그램 효과성 탐색

차은주(Cha, Eun-Joo) 한국체육과학회 2013 한국체육과학회지 Vol.22 No.3

This study is aimed to analyze contents and characteristics of personality improving programs of creative management schools and sports revitalization schools, in order to examine the possibility of improving a personality through participation in sports school clubs. For this study, an interview was conducted with teachers of school sports clubs and students who joined the programs. Based on the survey, then, the effectiveness of programs was explored, and the demands in the management process were suggested. First, personality improving programs were properly composed of sports character factors. Moreover, it was found that guidance teacher’s aggressive behavior was important to run the character program. Second, as requirements for revitalizing character programs, the subjects needed information and programs about sports activities to improve personality, and tools to measure changes after the personality improving program. Furthermore, they responded that in spite of the necessity for diverse supports for personality improving programs, it was difficult to make connections with communities, there was a shortage of awareness of schools and colleague teachers in carrying out personality improving programs and treatment to guidance teachers should improved for a continuous operation of the programs.

노인복지정책 맥락에서 바라본 커뮤니티무용(community dance)의 생태체계적 실행 방향성 연구

차은주(Cha, Eun-Joo) 한국체육과학회 2019 한국체육과학회지 Vol.28 No.2

This study aims to examine welfare policies for the aged and present the directivity of community dance for improvement in elderly welfare. For this study, the conceptual characteristics of welfare for the aged, elderly welfare policy-related government departments and projects, and characteristics of community dance for welfare service for the aged were investigated, based on literature review. Then the directivity of community dance for the elderly was suggested as follows. And there is a need for an ecosystemic approach to a community dance model for the elderly. The findings are as follows. First, micro system: professional knowledge and human resources for an aged people-customized community dance program are required. Second, mezzo system: it is necessary to plan a community dance program and form community dance networks considering social relations and identity of the aged. Third, macro system: authorities(institutes) teaching community dance for elderly welfare should be expanded. In conclusion, it is considered that academic and practical efforts to spread the value of community dance socially would be needed, since community dance can make a contribution in many-sided way physically, socially, and mentally for elderly welfare.