• Title/Summary/Keyword: 면책

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ISO 26262 and ISO/PAS 21448 as Exemption Clauses of Product Liability (제조물 책임 면책 수단으로서의 ISO 26262와 ISO/PAS 21448)

  • Lee, Seongsoo
    • Journal of IKEEE
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    • v.23 no.1
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    • pp.346-349
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    • 2019
  • Product liability is an important regulation factor in automotive industry. ISO 26262 international standard was established as an exemption clause of product liability. In autonomous car, product liability becomes more important, and ISO/PAS international standard was additionally established, but it can be applied to only sensing stage, which can partly make the autonomous car companies exempt the product liability but not completely. Therefore, reform of current legal system is absolutely necessary to commercialize autonomous car until a new international standard is established as a complete exemptions clause.

A Study on Library Exemption of Document Delivery Service by Interlibrary Loan (상호대차에 의한 원문복사서비스의 도서관 면책에 관한 연구)

  • Hong, Jae-Hyun
    • Journal of the Korean Society for information Management
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    • v.22 no.1 s.55
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    • pp.21-45
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    • 2005
  • The document delivery service is an advanced service to satisfy information need of end-user by the cooperative utilization of information. At present there are various interpretation on library exemption of the document delivery service by interlibrary loan. The purpose of the study is to suggest a legal plan in order to solve the problems of library exemption dealing with the document delivery service by Fax and Ariel system. The study examined the international trends on library exemption related to the document delivery service in foreign copyright laws, analyzed the library exemption related to the document delivery service in the present Korean copyright law, and pointed out the problems of the present library exemption. As the result of this analysis, the study suggested a revised plan of the present Korean copyright law in order to provide regulation of library exemption dealing with the document delivery service by interlibrary loan. Thus the revised plan can be used as a basic data for providing the regulation for the future of library exemption in Korea.

A Study on the Excluded Risks of the Marine Cargo Insurance (적하보험 면책위험에 관한 연구)

  • Choi, Mi-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.319-335
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    • 2010
  • The purpose of this study is to make clean the scope of insurer`s liability through theoretical interpretation and to understand some problems of various excluded risks in law and clauses relating to marine cargo insurance. This study suggest the problems related with the interpretation of the excluded risks in law and clauses. Through continued study on the excluded risks in law and clauses, we should make a system which will satisfy the assured in making the insurance contract.

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A Study on the Major Revised Contents in Exclusion Clauses of the Institute Cargo Clauses 2009 (2009년 협회적하약관의 면책조항 상 주요 개정내용에 관한 연구)

  • Shin, Gun Hoon;Lee, Byung Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.137-169
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    • 2013
  • This article intends to analyse some features in Exclusion Clauses of the Institute Cargo Clauses 2009 and the results of analysis are following. First, the insufficiency of packing or preparation exclusion under the revised Clause 4.3 is now more limited than before and the Clause suggest the test of sufficiency or suitability "to withstand the ordinary incidents of the insured transit". Secondly, the word "proximately" was deleted under the revised Clause 4.5 for the insurer to be identified more easily as a cause, but it remains to be seen whether that re-drafting will be successful. Thirdly, The exclusion under the revised Clause 4.6 does not apply unless the insurer can prove that, at the time the subject-matter insured is loaded on board the vessel, the assured was aware, or in the ordinary course of business should have been aware, that the relevant insolvency or financial default could prvent the normal prosecution of the voyage, and to a person who purchase the goods from the assured in good faith under a binding contract. Fourthly, the exclusion in respect of unseaworthiness of vessel under Clause 5.1.1 applies only where the assured is privy to the unseaworthiness, whereas the exclusion in respect of unfitness of container or conveyance under Clause 5.1.2 includes the privity of the employee. Finally, Clause 7 establishes the definition of terrorism, and adds ideological and religious motive to political motive.

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A Study on Library Exemption Relating to Digital Reproduction and Transmission (디지털 복제 및 전송에 관한 도서관 면책 연구)

  • 홍재현
    • Journal of Korean Library and Information Science Society
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    • v.33 no.3
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    • pp.327-358
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    • 2002
  • The study has Proceeded through examining and analyzing related laws and articles on library exemption relating to reproduction and transmission in digital environment. First of all, the study investigates and analyzes in detail the changes and characteristics of the regulation of library exemption in WCT, EU, U.S., Japan, and Australia. After analyzing of the article 28 in current Copyright Act and amended proposal for Copyright Act in Korea, it found the regulation to be inadequate. As a result of the legal analysis, this paper is proposing a revised plan of the article 28 in the Copyright Act of Korea.

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Categorization of medical activities in the essential surgical field that require criminal immunity -As part of solving the manpower shortage in essential medical hospitals in the surgical field- (형사면책이 필요한 외과계 필수의료행위의 범주화 - 외과계 필수의료 병원 인력난 해결을 위한 일환으로 -)

  • Phils Kim
    • The Korean Society of Law and Medicine
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    • v.24 no.1
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    • pp.101-130
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    • 2023
  • Korea has very easy access to tertiary hospitals, including university hospitals, among OECD countries, and patients can reach the emergency room of a university hospital within 1-2 hours. However, there are many so-called 'essential medical' blind spots where people die because they do not receive surgery in time. In particular, in the case of essential medical care in the surgical field, despite basic surgery, there is a shortage of medical staff to perform outpatient surgery in emergency situations at university hospitals. Although this lack of manpower has a problem with low insurance premiums for surgery, it also has a very large impact on the burden of criminal liability for medical malpractice, which increases the incidence in case of emergencies. Here, we propose crime immunity to solve the manpower shortage of converged smart surgical essential medical (SES) hospitals. Currently, the medical community agrees on the need for crime immunity, but it is an ambiguous scope of immunity that has not reached a national consensus. We would like to present clear standards for essential medical practices (surgery) that require criminal immunity.

종합

  • 한국석재협회
    • 석재인
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    • no.4
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    • pp.2-3
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    • 2003
  • 선분양제도, 제2의 '굿모닝시티' 부른다 - 산재 위로금, 추가보상 면책 안돼

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