• 무역상무연구
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• 제67권
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• pp.119-142
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• 2015

Many insurers have traditionally incorporated "fraud clauses" into insurance policies, setting out the consequences of making a fraudulent claim. Even in the absence of an express terms, English courts provide insurers with a remedy for a fraudulent claim. However, the law in this area is complex, convoluted and confused. English Law Commission think that the law in this area needs to be reformed for three reasons; (1) the disjunctive between the common law rule and section 17 generates unnecessary disputes and litigation, (2) increasingly, UK commercial law must be justified to an international insurance society, and (3) the rules on fraudulent claims are functioned as a deterrent if they are clear and well-understood. In order for these purposes, English Law Commission recommends a statutory regime to the effect that, when an insured commits fraud in relation to a claim, the insurer should (1) have no liability to pay the fraudulent claim and be able to recover any sums already paid in respect to the claim, and (2) have the option to treat the contract as having been terminated with from the time of the fraudulent act and, if chosen the option, be entitled to refuse all claims arising after the fraud, but (3) remain liable for legitimate losses before the fraudulent act. LC is not recommending a complete restatement of the law on insurance fraud generally. For example, LC does not seek to define fraud, instead, recommends the introduction of targeted provisions to confirm the remedies available to an insurer who discovers a fraud by a policyholder.

• 지능정보연구
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• 제27권1호
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• pp.83-102
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• 2021

2020년 8월 정부는 한국판 뉴딜을 뒷받침하기 위한 공공기관의 역할 강화방안으로서 각 공공기관별 역량을 바탕으로 5대 분야에 걸쳐 총 20가지 과제를 선정하였다. 빅데이터(Big Data), 인공지능 등을 활용하여 대국민 서비스를 제고하고 공공기관이 보유한 양질의 데이터를 개방하는 등의 다양한 정책을 통해 한국판 뉴딜(New Deal)의 성과를 조기에 창출하고 이를 극대화하기 위한 다양한 노력을 기울이고 있다. 그중에서 한국무역보험공사(KSURE)는 정책금융 공공기관으로 국내 수출기업들을 지원하기 위해 여러 제도를 운영하고 있는데 아직까지는 본 기관이 가지고 있는 빅데이터를 적극적으로 활용하지 못하고 있는 실정이다. 본 연구는 한국무역보험공사의 수출신용보증 사고 발생을 사전에 예측하고자 공사가 보유한 내부 데이터에 기계학습 모형을 적용하였고 해당 모형 간에 예측성과를 비교하였다. 예측 모형으로는 로지스틱(Logit) 회귀모형, 랜덤 포레스트(Random Forest), XGBoost, LightGBM, 심층신경망을 사용하였고, 평가 기준으로는 전체 표본의 예측 정확도 이외에도 표본별 사고 확률을 구간으로 나누어 높은 확률로 예측된 표본과 낮은 확률로 예측된 경우의 정확도를 서로 비교하였다. 각 모형별 전체 표본의 예측 정확도는 70% 내외로 나타났고 개별 표본을 사고 확률 구간별로 세부 분석한 결과 양 극단의 확률구간(0~20%, 80~100%)에서 90~100%의 예측 정확도를 보여 모형의 현실적 활용 가능성을 보여주었다. 제2종 오류의 중요성 및 전체적 예측 정확도를 종합적으로 고려할 경우, XGBoost와 심층신경망이 가장 우수한 모형으로 평가되었다. 랜덤포레스트와 LightGBM은 그 다음으로 우수하며, 로지스틱 회귀모형은 가장 낮은 성과를 보였다. 본 연구는 한국무역보험공사의 빅데이터를 기계학습모형으로 분석해 업무의 효율성을 높이는 사례로서 향후 기계학습 등을 활용하여 실무 현장에서 빅데이터 분석 및 활용이 활발해지기를 기대한다.

• 무역상무연구
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• 제22권
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• pp.201-226
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• 2004

P & I Clubs are mutual and non-profit making insurers which offer shipowners cover for the contractual and third-party liabilities. Whereas most shipowners obtain P & I insurance to cover for their legal liabilities, they also obtain hull insurance to cover against damages to the hull of their vessels from commercial hull insurers. P & I insurance was distinguished from hull insurance in respect that it offered non-limited cover to shipowner member, but there was a serious debate between P & I Clubs in respect of the non-limited cover. A compromise by International Group of P & I Clubs eventually emerged under which, with effect from 20 February 1997, a financial cap was placed on the obligation of each shipowner to pay catasrophe calls to his club(20% of each ship's property limitation fund under 1976 Limitation Convention). Nevertheless many shipowners felt that this new cap on their potential catastrophe call had been set still too high, while others resisted any reduction in the figure established by the compromise. In the Meantime, the European Commission issued a Statement of Objections in June 1997, in which it indicated its objections with a compulsory single limit common th all the Group clubs as high as the 1997 compromise. Eventually the board of all the Group clubs decided that the figure of 20% of the Limitation Convention per ship property funds should be dropped down to 2.5% from 20 February 1999.

• 무역상무연구
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• 제15권
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• pp.119-136
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• 2001

The purpose of this paper is to consider how to decide the cause of loss or damage to the transport goods when maritime accident occurs. In marine insurance, the underwriter is liable for any loss or damage proximately caused by a risk insured(MIA Art.55). So it is very important to determine the proximate cause of loss or damage to ascertain whether it is to be recoverable under the policy. But there is no definite conception or rule what is the proximate cause. It was left to the tribunal as a question of fact. In this paper, I will suggest the general rules to determine the proximate cause of loss or damage of the transport goods in marine insurance. First, in MIA 1906, there is the rule of proximate causation and it has been established the effective causation by cases since 1918. Second, in Institute Cargo Clauses(B) & (C), there are rules of considerably relaxed standards to determine the causation of loss of or damage using the "attributable to" and "caused by" basis. Third, it is noted, under the complex causation situation, there are difference basises to decide the liability of underwriters between the case of successive occurrence of single risk and the case of concurrent occurrence of several risks. Forth, in practice, it couldn't be ascertained the underwrier's liability by a definite rule and it should be fully considered the circumstances and conditions of the loss.

• 무역상무연구
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• 제15권
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• pp.137-165
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• 2001

The study on the duration of risk in the marine insurance has been paid a great attention because the marine insurance has to provide several indemnity conditions including the one to be compensated the loss when the accident happens. The research examines as to how the duration of risk has been extended from the beginning period to now. The results show the duration of risk has been continually extended in terms of place and time by a dramatic change of environment related to the marine insurance including marine transportation, a variety of goods, development of marine communication, many different trading conditions, etc, and requirement of the assured. The validity of the duration of risk is effected when the ship leaves at the port and is terminated when the ship arrives at the final destination. It in the Lloyd's age has been started when the products was charged to the ship and terminated when the one was safely discharged to the destination. Recently, the duration of risk in England Marine Insurance attaches from the time the goods leave the warehouse or place of storage at the placed named for the commencement of the transit, continues during the ordinary course of transit and terminates on delivery to the consignees or other final warehouse or place of storage at the destination named. Further research on the extension of the duration of risk must be conducted according to the being large scale of the ship and goods.

• 무역상무연구
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• 제27권
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• pp.129-161
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• 2005

Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

• 무역상무연구
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• 제59권
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• pp.113-135
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• 2013

Piracy has been an ongoing and serious problem in international shipping industry. Somalia is often in the news these days. Somalia has been in a state of unrest for more than two centuries. In recent times, the situation has remained unstable. The persistent unrest is the major driver behind the piracy epidemic in Somalia waters. By the MIA 1906, s.78(1), the expenses in order to be recoverable must have been "properly incurred". The underwriter is also liable in certain circumstances for expenses incurred by the assured in an attempt to avert or diminish loss covered by the policy, under provisions. This class of expenditure is commonly referred to as sue and labour expenses, or suing and labouring expenses; less commonly, as particular charges. The standard marine policy(the S.G.Form) contained what was invariably called the sue and labour clause, which has been replaced in the current Institute Clauses by the "Duty of Assured(Sue and Labour)" Clause in the Hull Clauses, and the "Duty of Assured" Clause, headed "Minimizing losses", in the Cargo Clauses. Sue and labour charges are not confined to expenditure on the part of the assured and his agents, but can include quantified loss consequent upon a sacrifice properly and reasonably made to avert or minimize an insured loss.

• 무역상무연구
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• 제17권
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• pp.93-125
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• 2002

This paper aims to find a reasonable solvency margin system in non-life insurance industry and also to evaluate the appropriateness of the current solvency margin regulation system in Korea. The current solvency margin system in Korea, based on EU's solvency margin model, was introduced during the 1997 financial crisis. The solvency requirement is not based on non-life insurer's risk, but simply on written premiums. The current solvency margin for general insurance, such as fire, marine, and automobile insurance, is determined by the greater between a premium-based amount and a claim-based amount, where the premium-based solvency margin is calculated by multiplying the net written premium for the preceding year by the premium based solvency margin ratio. Also, the amount of solvency margin for long term insurance is set at 4% of the policy reserve of the long term insurance. Still, there exist many differences between the current solvency margin regulation system in Korea and EU's model. This paper focuses on the rationality of the solvency margin regulation system, and compares the current system in Korea with EU's model and the RBC(Risk Based Capital) system in U.S. and Japan. Finally, this paper suggests a more specific and reasonable solvency margin system to be developed in Korea.

• 무역학회지
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• 제42권3호
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• pp.25-47
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• 2017

금융기관이 수출기업에게 수출채권을 상환청구불능 조건으로 매입하여 수출금융을 지원하는 금융기법이 포페이팅이다. 2011년도 이후 한국채택 회계기준(K-IFRS)의 도입으로, 기존의 일반 네고를 단순 차입금으로 계상하게 함으로써 부채비율을 높여 기업의 재무건전성을 악화시키는 요인이 되어, 수출기업들이 차입금을 낮추기 위한 방법으로 장부제거(book-off)가 가능한 포페이팅에 대한 관심이 증대되게 되었다. 국제상업회의소에서의 포페이팅통일규칙 제정시행과 함께 수출기업들의 포페이팅에 대한 관심 증대에 발맞춰, 국내 각 외국환은행들도 포페이팅 관련 상품의 개발로 취급범위를 확대해가고 있는 시점에서, 국내 외국환은행 전체를 대상으로 설문조사를 실시하여, 포페이팅 취급실태를 파악하여 그 문제점과 개선점을 찾고자 하였다.

• 한국중재학회지:중재연구
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• 제29권2호
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• pp.225-237
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• 2019

Recently, it has been argued that it is necessary to attract foreign patients outside domestic insurers and to allow foreign doctors to treat in domestic hospitals in order to develop the insurance industry and revitalize the medical industry. Currently, large medical institutions in Korea are attracting foreign patients in connection with foreign insurance companies. It is desirable to increase the number of overseas patients who want excellent medical services in Korea, and to provide opportunities for domestic insurance companies to attract overseas patients by expanding job creation through a revitalization of the medical industry. Therefore, this study suggests the development direction for insurers who aim to attract foreign patients through the side effects of attracting foreign patients in accordance with the Financial Services Commission's plan to strengthen the competitiveness of the financial industry. In addition, this study intends to contribute to the strengthening of the competitiveness of attracting foreign patients, through domestic insurance business, to the insurance direct payment market for overseas patients using domestic medical institutions that are concentrated in foreign insurance companies and in the blind spot of domestic law application.