• Title/Summary/Keyword: 면책 특권

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Understanding the Watchdog Concept in South Korea: Focused on the Media as Watchdog (언론의 파수견 개념의 발전과 적용: 한국 판례분석을 중심으로)

  • Lee, Jae-Jin
    • Korean journal of communication and information
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    • v.41
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    • pp.108-144
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    • 2008
  • This study examines how the watchdog concert in journalism field has been created and develope4 Related studies found that the watchdog is related not so muck with free press theory as with a privilege awarded to the press because the press serves for the public interests. It was found that in the U.S., the watchdog concept was derived from the a lot of libel cases in the late 1890s. At the time, the newspaper owners and editors continuously claimed the very protection over vulnerability of newspaper's collecting, reporting, and printing news. While, in Korea, the concept of watchdog emerged in the late 1990s after the establishment of the Constitution Court. Even though the watchdog concert was accepted very late by the Korean courts, it is believed to be a kind of special privilege to prevent the press from being recklessly regulated in libel cases. Rather, the Korean courts expand the extent of the role of the press as a watchdog by deciding that not only the public officials and politicians but also other socially influential public figures could be included in the criticism from the press. However, how these court decisions can be practically implemented depends upon how the court apply the probability of the press to believe the news true and intention of malice in writing and publishing the stories.

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A Study on Unseaworthiness and Exclusive Right of Insurer on It (감항 능력 부족과 보험자의 면책 특권에 관한 해석론적 고찰)

  • Park, Yong-Sub
    • Journal of Fisheries and Marine Sciences Education
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    • v.6 no.1
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    • pp.45-57
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    • 1994
  • One of the fundamental duty of the assured in a marine insurance contract is maintaining seaworthiness of the ship insured. Since duty of the seaworthiness of ship is a shipowners implied warranty in the marine insurance, the breach of the duty of seaworthiness by assured is recognized as immunity for the underwriter. This is a measure to protect the underwriter through prevention of unexpected casualties which may be occurred from the unseaworthiness. In the Korean Marine Insurance Act the legal character of the assured's duty of seaworthiness is not clear whether it is a legal duty or contracted one. Accordingly, in this paper the author pointed out that the duty of seaworthiness of the ship should be interpreted according to the English Law. As a conclusion, the hull insurance does not require even implied warranty concerning seaworthiness, since it is recognized as one of implied fundamental warranty of the English Marine Insurance Act. Especially, this issue pointed out is very meaningful and advisable under the consideration of the existing conditions of the marine insurance regime for the distant-water fishing vessels and the catch carriers in Korea.

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The Case Study of the Violation of Speed and Bunker Consumption Rate at the Time Chartered Vessel - Focused on the Bulk Carriers - (정기용선선박의 선속 및 연료사용 유지의무 위반에 관한 분쟁사례 연구 - 벌크선을 중심으로 -)

  • Kim, Dong-Yol;Song, Young-Soo
    • Journal of Korea Port Economic Association
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    • v.25 no.2
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    • pp.231-246
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    • 2009
  • The time charterer depends on speed and bunker consumption rate of time chartered vessel because it is related charterers' benefit. It is important role of stipulated speed and daily bunker consumption rate at the Time Charter Party, it is generated any dispute against speed and daily bunker consumption rate deficiency. The case of dispute is a restricted word of stipulated speed and daily bunker consumption rate at Charter Party as "about", "good weather or good weather day", "smooth water", "ocean current" and "without guarantee". It happens a dispute against speed and daily bunker consumption rate because it is not well-educated as a vessel operator regarding Time Charter Party interpretation.

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The Impact of Safety Accident on Teacher's Educational Activities in School (학교 안전사고가 교사의 교육활동에 미치는 영향)

  • Choi, Mi-Ri;Park, Jeong-Hun
    • Korean Security Journal
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    • no.14
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    • pp.535-548
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    • 2007
  • Followed by government authorized data that Ministry of Education submitted, safety accident at school has been increased year by year. Safety accident occurred 33,834 in 2005, 29,955 in 2004, and 22,722 in 2003. It shows that it has been increased about 12.9% from 2004 and 48.9% in 2003. Level of student's development, students are at the point of not having enough judgement and ability to adapt at emergency situation. They are learned about safety by education and management by teachers but teachers will get heavy burden and anxiety if government doesn't provide more improved support and restraint. On this situation, educational authority can be attacked and it legally charged by nation, owned property can be loss or prosecution can be occurred. Also school safety accident which occurs in these days is working as an negative insecurity element that teachers cannot concentrate on the education.

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The Legal Status of Military Aircraft in the High Seas

  • Kim, Han Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.201-224
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    • 2017
  • The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

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