• Title/Summary/Keyword: 사고책임

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Civil liability and criminal liability of accidents caused by autonomous vehicle hacking (해킹으로 인한 자율주행자동차 사고 관련 책임 법제에 관한 연구 -민사상, 형사상, 행정책임 중심으로-)

  • An, Myeonggu;Park, Yongsuk
    • Convergence Security Journal
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    • v.19 no.1
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    • pp.19-30
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    • 2019
  • As the 4th industrial revolution has recently become a hot topic, the importance of autonomous vehicles has increased and interest has been increasing worldwide, and accidents involving autonomous vehicles have also occurred. With the development of autonomous vehicles, the possibility of a cyber-hacking threat to the car network is increasing. Various countries, including the US, UK and Germany, have developed guidelines to counter cyber-hacking of autonomous vehicles, In the case of Korea, limited temporary operation of autonomous vehicles is being carried out, but the legal system to be applied in case of accidents caused by vehicle network hacking is insufficient. In this paper, based on the existing legal system, we examine the civil liability caused by the cyber hacking of the autonomous driving car, while we propose a law amendment suited to the characteristics of autonomous driving car and a legal system improvement plan that can give sustainable trust to autonomous driving car.

A study on the product liability for defects of unmanned aerial vehciles (무인항공기 결함에 대한 제조물책임의 적용 연구)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.151-180
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    • 2015
  • South Korea is advancing the unmanned aircraft private commercial business. Unmanned aerial vehciles industry has been developing for several years also abroad. However, unmanned aerial vehciles industry, can be an accident occurs. Accident of unmanned aerial vehciles to occur material damage and casualties. Particularly if an accident because of a defect in the unmanned aerial vehciles has occurred, it is necessary to analyze the liability for this. The defect accidents unmanned aerial vehciles has been the different manufacturing and design product is intended, whether it is important how to prove to this. This is because, unmanned aerial vehciles are designed in any intent of the original, it is impossible to victims know. So imposing a responsibility to prove the design by the manufacturer intended consumer is not fair. Moreover, the consumer, it is necessary to prove only that the product is one that normally dangerous lacked safety can be expected. This is a detailed issue of judgment of defects of unmanned aerial vehciles, the manufacturer to bear the accountability. In the case where the defect on the display of the unmanned aircraft is a problem, and if it reasonable indication, it is not appropriate to be required to prove that it was possible to prevent damage to the victim.

법제코너 / 인증기관의 업무와 배상 책임

  • Gang, Tae-Uk
    • Digital Contents
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    • no.4 s.95
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    • pp.38-48
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    • 2001
  • 최근 전자상거래의 활성화와 더불어 관심이 증대되고 있는 분야가 바로 인증 분야다. 따라서 전자인증의 증대에 따라 발생할 수 있는 사고와 그에 따른 인증기관의 업무와 배상 책임에 관해 다뤄보고자 한다. 본고는 한국정보보호센터(이하 KISA)의 정보보호 우수논문 공모전에서 입상한 논문으로 KISA의 허가에 의해 보도를 하며 저작권은 KISA에 있음을 밝힌다.

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A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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A Study on the Responsibility for a Barge's Safety Management in a Marine Construction (해상공사에 투입된 부선의 안전관리 책임에 대한 연구)

  • Jang, Yeong-Jun
    • Journal of Navigation and Port Research
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    • v.39 no.1
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    • pp.37-43
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    • 2015
  • At marine construction sites, there are problems with regard to dispute on the responsibility of safety management of chartered barge and its legal issues. In general, demise charter with crew is used for barge charterparty which is committed to the marine construction. Although Chapter 5 of the Korean Commercial Act enact provisions regulating a Time Chargerparty and a Bareboat Charterparty, it is difficult to clarify where the responsibility lies with regard to the safety control of the chartered barge. For this reason, disputes on accountability arise when accident occurs in effect. As a result, parties of the charterparty shift the responsibility on each other and there is increased risk for occurrence of similar accidents. There is no legally required qualification for a head of barge workers who is in charge of barge management. It is not possible to demand the head of barge workers to take charge of tasks which requires professional judgment as a marine technician considering his daily work scope. Furthermore, the barge committed to the marine construction as a form of bareboat charter or equipment charterage is an object which should be managed by safety supervisor of the charterer's marine construction. The charterer bears a duty to manage the safety of the barge. Therefore, the charterer is generally liable for the damage incurred in the course of using the chartered barge.

원전 비상직무에서의 주제어실 운전원의 의사소통 수행도 분석

  • 정광섭;박진균;정원대
    • Proceedings of the Korean Institute of Industrial Safety Conference
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    • 2003.10a
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    • pp.86-91
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    • 2003
  • 원자력발전소의 설계는 다중방호의 개념에 의해 이루어져, 그 구조가 복잡하고 운전 형태도 다양하며, 이에 따라 사고의 전개 과정도 다양하게 나타난다. 이로 인해 원자력발전소의 운전원들은 발전소의 유동적인 상황에 대처할 수 있는 고도의 능력이 요구된다. 특히 주제어실 운전원들은 발전소의 기동 및 전출력 운전, 정지, 그리고 비정상 및 비상 상황 시의 적절한 대처에 대한 책임을 지고 있다. 발전소의 사고 분석 결과에 의하면, 사고에 대한 운전원의 대응이 사고의 전개에 직접적인 영향을 미치게 되며, 결과 적으로 사고에 대한 운전원들의 적절한 대응 능력은 발전소의 안전성에 중요한 부분임이 밝혀졌다.(중략)

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A Study on the Operation Method of Gas Accident Prevention Support Fund (가스사고예방지원금 운영방법의 개선에 관한 연구)

  • 송수정;강경식
    • Proceedings of the Safety Management and Science Conference
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    • 1999.11a
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    • pp.425-429
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    • 1999
  • 현재 가스관련 3법상의 가스사고예방지원금은 그 적립방식이나 규모가 현실에 맞지 않아 가스사고배상책임보험의 충실한 운영에 별로 도움이 되지 못하고 있는 실정이다. 따라서 본 논문에서는 가스사고예방지원금의 운영에 관한 것으로 지원금의 적립방법, 지원금의 규모 및 활용방법의 검토를 통하여 가스사고에 대한 사전 예방기능을 강화하는 한편 예방효과를 극대화 할 수 있는 방안을 모색하였다.

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