Browse > Article
http://dx.doi.org/10.7731/KIFSE.2019.33.6.190

A Study on the Establishment of the Framework Apportion Ratio in Calculating Damages due to Accidental Fires  

Song, Kwang-Suk (Dept, of Disaster Prevention, Daejeon University)
Park, Chung-Hwa (Dept, of Fire & Disaster Prevention, Daejeon University)
Publication Information
Fire Science and Engineering / v.33, no.6, 2019 , pp. 190-203 More about this Journal
Abstract
Since the amendment of the Accidental Fire Liability Act in 2009, interested parties in accidental fire liability contracts have settled issues associated with the estimation of each other's liability amounts through lawsuits. As fire accidents are complex in nature, it is difficult to distinguish between direct and additional damages caused by extended combustion while calculating liability amounts for accidental fires. Additionally, there is an increasing need for establishing and using a framework that includes validity and reliability. To establish such a framework for estimating the liability amounts in case of an accidental fire, this study suggests a novel categorization of fires to be applied to the framework. This will be organized by the subjects of the liability of accidental fires, and quantified and probabilistic processed qualitative items through the methods applied to quantification (AMEA/FTA) based on the fire statistics data published by the government and the previous researchers' research application data and results.
Keywords
Fire Liability; Fire Insurance; Fire Investigation; Civil Liability; Fire Cause by Negligence;
Citations & Related Records
연도 인용수 순위
  • Reference
1 K. B. Lee, "Development of The Worker's Safety Assessment Mode Using Analysis and Accident Mode Effects Analysis", pp. 87-89 (2007).
2 J. S. Youn, "Analysis the Railway Accident Failure Through FMEA Technique and Present the Priority Safety Management Items - About Derailment Caused by Tract Defect", pp. 43-50 (2014).
3 S. M. Yoon, "Deduction of Claim Elements for Design Build Project using FMEA Method", pp. 21-23 (2013).
4 Y. Choi, "A Study of Damage Spread Factors of Domestic Large-scale Fire - Based on Common Problem Analysis"; pp. 95-106 (2017).
5 S. M. Kwon, "A Study of Accident Mode and Effects Analysis", pp. 24-27 (2003).
6 G. H. Kim, S. M. Kwon, K. B. Lee, Y. S. Kim, J. W. Lee and K. S. Kang, "The method of Risk Assessment by AMEA", Joumal of the Safety Management & Science, Vol. 9, No. 2, pp. 109-110 (2007).
7 H. Y. Chun, "A Study on the Fault Analysis for Security Improvement of Smart Learning System", pp. 32-39 (2018)
8 G. S. Nam, "Fault Tree Analysis based Risk Management of Defects in Construction", pp. 6-15 (2007).
9 D. H. Kim and H. S. Lee, "Fire Cause Reasoning of Self-regulating Heating Cable by a Fire Investigation Applying the Scientific Method and Fault Tree Analysis", Fire Science and Engineering, Vol. 30, No. 4, pp. 73-81 (2016).   DOI
10 D. H. Choi, "Fault Tree Application for Analysis and Assessment of Construction Risk Events", pp. 24-25 (2001).
11 http://www.seoul.co.kr/news/newsView.php?id=20190328500025&wlog_tag3=naver
12 http://www.100ssd.co.kr/news/articleView.html?idxno=64328
13 National Fire Agency, "2018 Fire Statistical yearbook", pp. 86-90 (2019).
14 Supreme Court of Korea, "The True Story Responsible for about Law No. 9648" (2009).
15 W. J. Choi, "On the Calculation of Damage the Discretion of the Court of Fact - Focusing on Regulations and Limitations of Discretion", pp. 211-215 (2018).
16 J. M. Sin, "A Study on the Civil Liability for Fire Caused by Negligence and Its Insurance", pp. 31-47 (2014).
17 H. S. Go, "A Law and Economic Analysis of the Law Concerning Civil Liability from Fire", The HUFS Law Research Institute, Vol. 27, pp. 653-680 (2007).
18 S. I. Han, "A Study on Legislation and Tendency of Judicial Precedents in the Law Concerning Civil Liability from Accidental Fire", Human rights & Justice, Vol. 381, pp. 151-153 (2008).
19 S. T. Jun, "A Study on the Determination of Fault Rates by Adjusters in Automobile Accidents", pp. 21-26 (2019).