• Proceedings of the Safety Management and Science Conference
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• 2001.05a
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• pp.23-23
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• 2001

제조물 결함에 의한 기업의 배상책임은 전형적인 기업의 리스크로서 전통적으로 투자, 금융, 보험, 위기 관리, 시스템 안전 분야에서 사용되고 있는 리스크 관리 기법을 적용하여 효과적으로 대비할 수 있다. 현재 일부 선진국에서는 리스크 관리 기법을 규격화하여 각 조직 활동에 잠재된 위험 요소로부터의 손실을 예방하고 기회 이익을 구현하는데 활용하고 있다. 본 연구에서는 현재까지 발표된 호주, 뉴질랜드, 캐나다, 일본, 영국, 유럽연합 등의 나라에서 규격화하고 있는 리스크 관리기법에 대해 비교 검토하고 그 장단점 및 특징을 조사하였다. 또한 제조물 결함에 따른 기업의 배상 책임에 대비하여 기업이 제품 안전 경영체계를 수립하는데 리스크 관리 기법이 적절히 활용될 수 있는지에 대해 토의하였다.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.3-36
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• 2016

Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

• 두엄누리회보
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• s.10
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• pp.1-4
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• 2004

2004년도 정기총회 개최 - 출하전 성분검사 1/4분기 점검 - 단체표준인증단체 제도 - 퇴비에 수분규제가 강화되면 소비자가 이득이다? - 2004년도 상반기 농협납품 지정업체 추천 - 생산물 배상 책임보험 증권 및 인증서 발송 - 비료 품질검사 결과 조치내역 - 제2회 농산업 포럼 개최

• 한국노년학
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• v.30 no.3
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• pp.803-814
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• 2010

This study was conducted to understand current management status of welfare medical device centers and to suggest complementary point. Method: We surveyed 194 welfare medical device centers through the mail. The survey was done in three domains, i. e. management of service, assuring the health resources, offering the service. Results & Conclusions: According to the result of our study, several problems, which should be improved in the near future, were suggested. That were improving facilities(especially in sanitization of the devices), operating an education or training program for the personnel, and making up for the current management. It was very important for soft landing of long-term care insurance and improving quality of the elderly's life that 'Ministry of Health and Welfare' and 'National Health Insurance corporation' must support welfare medical device centers for discharging their roles

• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.265-301
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• 1993

지난 6월 3일 동경에서 있었던, 아시아 항공/우주법 학술대회 제 3분과에서 영국 Bin Cheng교수의 "The Warsaw System: Mess up, Tear up, or Shore up?"이라는 주제의 논문발표가 있었다. Bin Cheng교수는 특히 유럽의 EC Consultant Paper 와 일본항공사들의 1992년의 무한책임보상주의 채택에 대하여, 마치 무한 책임보상주의의 이론이 승리하였으며, 위의 상황들이 그 시작이라고 단정하였는데 이러한 견해는 아직까지 시기상조라고 생각한다. 본 글에서는 동경회의에서의 Bin Cheng교수의 논문중 특히 10항의 결론 부분을 중점으로 반대되는 의견을 제시하고자 한다. 국제항공사법인 와르소체제가 과연 발전하고 있는 것인가? 퇴보하고 있는 것인가? 와르소체제의 반대론자들은 미국의 소송변호사들, 일본항공사들과 일부 순수이론을 고수하는 학자들로써 이들은 와르소체제로부터의 탈퇴와 무한책임보상주의를 고수하고 있다. EC Consultation Paper (각주 122 참조)에서 보듯이, 비록 항공운송시의 손해배상액이 타 운송시의 손해배상액보다 적기는 하지만 이것이 곧 '무한책임보상주의'를 의미하는 것은 아니다. 미국의 판례중 불법행위로 인한 소송 (Nichole Fortman v. Hemeo Inc.)에서 보면, 작은 창자의 대부분을 병원의 과실때문에 잃은 Brooklin의 한 여인에게 500억 정도의 손해배상이 주어진 것을 보면, 과연 완전 보상에 맞는 무한책임이 과연 항공소송에 적용될 수 있는 것인가를 알아야 한다. 무한책임보상주의는 특히 개발도상국의 항공사들에게 보험료가 너무 과중하고, 와르소협약의 근본목적인 국제항공법의 통일성에 반하고 있기 때문에 국제사회 전반에 적용하기에는 비현실적이다. 와르소체제의 통일 성에 대한 거부는 만약 와르소체제에 버금가는 다른 보상체제가 있는 경우에는 다르지만, 현실적으로는 결국 국제적 혼란만을 야기사킬 것이다. 또한 와르소체제 반대자들은 항공운송인과 승객들의 관계를 갈등관계로 보고 있지만, 근본적으로 와프소협약에서의 항공운송인파 승객들의 관제는 공동이악관계로 보아야 한다. 항공운송사업의 목적도 또한 이윤추구인 바, 승객들이 항공운송인에게 과다한 손해배상을 요구하면, 결국 항공운송인은 승객들의 주머니에서 그 댓가를 찾으려고 할 것이다. 절국 양자의 이익을 보는 것은 소송변호사들 뿐이라고 볼 수 있다. 또한 'Unlimited Liability' 에서 'Unlimited' 란 'Full-Compensation' 을 의미하는 것으로, 'Wilful-Misconduct' 의 경우에는, 'Full-Compensation' 의 개념과 다르게, 그 보상액이 Warsaw협약 제 22조 1항에 적용되지 않는 'No-limited' 의 개념으로 해석하여야 한다. 항공소송의 경우에 통상 'Wilful-Misconduct' 의 경우에 손해배상액이 약 $700,000 인 것을 보더라도 'Full-Compensation'의 의미로 해석할 수 없다. 몬트리올 제 3추가의정서에서 'WilfulMisconduct' 의 개념을 삭제하고자 하는 것은, 이에 대비하여 추가보상제도, 임액수의 종액, 영격책임추의 등의 요소들을 전제로 하고 있기 때문이다. 몬트리올 제 3추가의정서가 최근의 발전적인 손해배상제도인가에 대하여, Bin Cheng 교수는 반대를 하고 있지만, 최선의 제도를 찾는 입장에서 몬트리올 추가 의정서는 여러가지로 부족하다. 그러나, 유한책임제도의 개선, 엄격책임주의의 도입, 빠른 소송타결의 제도, 재판관할권의 확대 그리고, SDR 화폐단위의 채택 등은 헤이그 의정서 이후의 보다 나은 제도적 장치를 하고 있다고 해석하여야 할 것이다. 시대의 변화에 따라 점진적으로 발전된 보상제도를 채택하였다면, 오늘날과 같이 시대에 뒤떨어진 보상체제로 혼란을 겪고 있지 않았을 것이다.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.271-297
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• 2011

Recently, risk of space accident possibility increased in according to commercial space activity and space debris. It failed launch satellite second times in South Korea. Therefore was discussed on liability and insurance issue. Generally, discuss of space insurance be divided two type. Firstly, space insurance relevant to launching satellite and in-orbit. Satellite Launch Insurance and In-Orbit Insurance by the Satellite Operator Secondly, space insurance relevant to Third Party Liability. The former is to protect owner of satellite and operator. The latter is to liable and indemnify owner of satellite and operator's liability. US, UK, France, Russia, South Korea forced to buy space insurance following to domestic law. This is a brief overview of risk allocation and insurance practices in the commercial space transportation industry today. We begin with traditional space transportation, i.e., commercial satellite launches. This is a mature industry with known players. Industry practices have developed and legislation has been adopted in the U.S. and other countries over the past decades to address liability and insurance issues. The primary focus here is on U.S. law, but the discussion of industry practice applies more generally. We then move on to a more exotic form of space transportation: Commercial human space flight. Several private companies are now signing up space tourists for commercial suborbital human space flight, advertised to become available in the near future. The United States amended its launch legislation in 2004 to promote commercial human space flight. But questions remain as to how this new industry will respond to the risk allocation regime established by the U.S. legislation, which leaves both the space flight operator and space tourist exposed to risk and potential liability. As a general proposition, state statutes and contractual waivers alone cannot be relied upon to provide adequate liability protection, and insurance will be required. Federally mandated contractual waivers by space flight participants or liability caps would be helpful to complement insurance solutions. Eventually, as the industry matures, such practices could be extended to an international legal regime. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and concluded that uniform legal regime to govern these insurance issues should be established domestically and internationally in the future.

• Journal of Korea Port Economic Association
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• v.31 no.2
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• pp.41-53
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• 2015

In Paracomon Inc. v. Telus Communication, Realice's anchor became entangled with a working fiber-optic submarine cable during its voyage and are presentative of the shipowner(the captain) cut the cable. The owner of the cable brought a claim for the repair cost against the shipowner. The shipowner then advanced a third party claim against a liability insurance underwriter. The Supreme Court of Canada (SCC) held that the shipowner was entitled to limit its liability under the 1976 Convention on the Limitation of Liability for Maritime Claims. The SCC also ruled that even though the misdeed of the shipowner was insufficient to break its right to limitation of liability, its wrongdoing constituted willful misconduct under the 1993 Canada Marine Insurance Act, allowing the underwriter to deny coverage for the incident. Thecasewasthefirsttoaddresstheinterrelationship between the shipowner's right to limit liability under the international convention regime and the availability of liability insurance with respect to such limited liability. This study analyzes the reasoning behind the SCC's judgment and evaluates the appropriateness of this court's decision based on the current maritime industry as well as prevailing maritime law. It concludes that the SCC's decision to declare that the shipowner retained the right to limit its liability is appropriate under the Limitation Convention (1976). However, its declaration that the liability insurer was discharged from liability is not correct in due consideration of the common recognition in the maritime industry, the intended purpose of a third party's right against the liability insurer, and the adoption process of the conduct barring limitation. Based on the SCC's decision, this study finally reviews the issue of the shipowner's right to limit and the coverage of the liability insurer in the Sewol case (2014).

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.131-157
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• 2015

NHIS claimed for damages to doctors that by doing the treatment breaching medical insurance criteria caused by doctors, NHIS paid for medicine cost to pharmacy; as a result, the doctors caused the tort to NHIS. Following consecutive rulings afterwards, NHIS also argued that the medicine cost violating medical law or medical treatment expense paid to medical organizations are both the tort in civil law. NHIS claimed for all the damages, and the Supreme Court confirmed this judgment. However, within our national health insurance system, the subject of insurance payment is NHIS and the subject of medical treatment expense are also NHIS since the treatment expense is also insurance payment by asking the treatment to medical organizations. Further, national health insurance law is not made to control the violation of medical treatment cases; therefore, the breach of medical law cannot be covered by illegality of tort in civil law regarding NHIS. If that is the case, in the case that if the patients are treated according to treatment criteria via the doctors delegated the doctors' permission by Health and Welfare minister, NHIS acquired the benefits to remove the duty to give treatment payment to doctors in civil law; thus, even though the doctors have breached the medical law, NHIS does not have any damages. The fact that supreme court confirmed the ruling that the treatment is the tort in civil law towards NHIS is the judgment not counting the benefits of insurance payment as the subject but only considering the fact that NHIS paid to the doctors and this ruling have gone against the principle under civil code section 750. If the doctors have breached the medical law, the case should be sanctioned by medical law not national health insurance law, and the ruling of supreme court is assumed that they have confused both with the principle of national health insurance law and civil law.

• 대한예방의학회:학술대회논문집
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• 2000.10a
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• pp.195-196
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• 2000

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.3-54
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• 2014

The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.