• Journal of the Korean Society for Marine Environment & Energy
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• v.12 no.2
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• pp.104-110
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• 2009

This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

• Journal of the Korean Society of Marine Environment & Safety
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• v.14 no.3
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• pp.177-181
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• 2008

In this study, the authors analyzed the limit of IOPC Fund system, such as limit of compensation, amount of FC, long period of assessment by IOPC Fund, issue of non verification by poor claimant or small business, issue of poor claimant subsistence in early stage of accidents, and comparatively analyzed how the three countries resolved these limits by enacting special laws and government policy. Until recently most governments have carried out prevention policy for maritime safety, oil spill response, investigation of maritime accidents, and restoration of marine environment when oil spill accidents happened. However, governments have not actively participated in the oil spill compensation process because it is a matter of private sectors between the polluter and claimant. The governments have only limited their role in ratifying Civil Liability Convention and Fund Convention and enacted relevant domestic laws. However, the governments of France, Spain, and Korea have actively participated in the compensation process of oil pollution incidents of M/T Erika, M/T Prestige, and M/T Hebei Spirit. This is because they had experiences of unsuccessful compensation in M/T Amoco Cadiz, M/T Agean Sea, and M/T Sea Prince.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.47-82
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• 2019

Inter-Korean exchanges and cooperation, in the process, will inevitably lead to various legal disputes, one of which is the issue of compensation for personal injury. The purpose of this study is to present the standards of settlement of disputes between the residents of North and South Korea by examining the North Korean compensation law on the calculation of damages due to personal injury and comparing it with the South Korean compensation law. Understanding the North Korean compensation law is a critical and urgent task, as exchanges and cooperation between the two Koreas are expected to increase in the future. For the South Korean compensation law does not have specific provisions on the estimation of damages, the specific methods and standards for estimating damages are determined by court precedents. The South Korean courts categorize the damages caused by personal injury into active property damages, passive property damages and emotional distress damages and calculate the amount of each damages. On the other hand, the North Korean Compensation for Damage Act stipulates the categories of damage by dividing the cases of personal injury into 1) infringement of health(§41), 2) disability due to infringement of health(§42), and 3) death resulting from human infringement(§44). In addition, the North Korea Compensation for Damage Act specifies the calculation of compensation for damages(§43, §51). Furthermore, South Korea widely acknowledges emotional distress damages for personal injury, whereas North Korea does not recognize emotional distress damages in principle.

• 방재와보험
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• s.138
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• pp.48-53
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• 2010

• 방재와보험
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• s.141
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• pp.52-57
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• 2011

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.5
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• pp.455-461
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• 2017

The Hebei Spirit oil spill incident occurred in December 7, 2007 and caused approximately $12,547k{\ell}$ of crude oil spillage along 370km off the west coast of Korea. Due to the astronomical and irrecoverable damage to the marine ecosystems and the overall living standards of the residents, the oil spill incident has been notoriously named as the "worst oil spill incident" occurred in Korea. Nevertheless, though almost a decade has passed since the tragic incident in Korea, it appears that compensation and recovery efforts seem not close to satisfaction and the local residents are still struggling with various negative impacts incurred by the incident because of critical cleavage among the interests of the relevant parties to the incident. In this paper, the analysis of Hebei Spirit oil spill incident regarding two aspects was carried out; First, meticulously analyze the practical and statistical data of the incident to precisely examine the fundamental causes for its occurrence to further prevent the reoccurrence of such disastrous incident; and the second, comprehensively inspect reasons for the protracted and inefficient damage recovery and victim-oriented compensation. To be specific, this study observed the levels of compensation against damages from the incident, and the adequacy of it in terms of ultimately and inclusively addressing financial, social and ecological aspects based primarily upon the legal verdicts, and statistical and empirical surveys.

• Proceedings of KOSOMES biannual meeting
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• 2006.11a
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• pp.175-179
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• 2006

With the rapid development of oil and chemical industry in the late 20C, massive transportation of oil by oil tanker vessel has grown and it caused the big oil pollution accidents. When oil spill from the oil tanker, damages reach into the astronomical figures in economically and damages affect wide area and many people with break the balance of ecosystem. Recently in Korea, the oil pollution accidents has occurred frequently as growing of oil consumption and it caused large-scale damages to the victim. Oil pollution in Korean offshore takes not only korean fishermen from their life ground and break the ecosystem but it takes too much time and money to recover. To minimize oil pollution damages, it is necessary to make pre-caution effort as a ship owner and relevant government bodies should endeavor to prevent from more damages. But once oil pollution accidents occurs in territorial sea, compensation for victim fishermen is very important. But it is true that compensation is not paid to victim smoothly. So this study aims at the problems of oil pollution compensation to the Korean victim and find the best way to get reasonable compensation.

• Journal of Navigation and Port Research
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• v.35 no.5
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• pp.455-462
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• 2011

The accident in the Fukushima nuclear plant caused by the Great East Japan Earthquake on March 11, 2011 is raising voices concerning over radioactive contamination losses. In particular, radioactive contamination losses threaten the safe navigation of vessels, and may impair seafarers' safety and impede the healthy growth of world economy through marine transportation. In case vessels or cargos suffer radioactive contamination losses, it will take a high cost to remove the radioactive contaminants, and in worse cases the contaminated vessels or cargos may have to be abandoned. Furthermore, if seamen are exposed to radioactivity, their treatment can be raised as a crucial issue. Nevertheless, it has not been reviewed clearly by what method and on what ground such losses should be covered in case radioactive contamination losses take place. Thus, this study purposed to review coverage for radioactive contamination losses in marine insurance as an ex post preparation for damages caused by radioactive contamination.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.103-122
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• 2012

Nowadays, advanced countries and international community in which provide many services and profits due to rapid progress space science and technology whereas there is rising possibility of damage by collision of space object and increase of space debris. I will propose the concept and range of damage in the basis of review of space treaty and space liability convention as form of international order to fair and complete compensate to victim of accident and hazardous space activity. And, I will try to discuss possibility of compensation on personal damage and mental damage, scope of material damage, possibility of compensation about environmental contamination, issue of satellite data sending, place of damage, and so on. Also, I would like to propose establishment of space tribunal and regional cooperative agency.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 1995.09a
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• pp.293-294
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• 1995

최근 보험회사의 경영환경은 WTO체제의 출범과 OECD가입으로 국제화, 개 방화, 자율화의 방향으로 바뀌고 있어 생존전략의 필요성이 과거 어느 때보 다 강조되고 있다. 특히 자동차 보험은 높은 사고발생률과 낮은 보험료 수준 으로 만성적인 적자가 심화되고 있는 상황이며 가격자유화의 단계적 시행을 앞두고 있어 자동차 보험 보상처리 업무는 보험업계에 있어 핵심 프로세스 로 등장하게 되었다. 즉, 자동차 보상 처리 프로세스를 리엔지니어링 함으로 써 고객에게는 만족한 서비스를 제공하고 기업의 입장에서는 손해율을 개선 하고 적정한 보험금을 지급함으로써 시장점유율 확대와 기업의 수지에 결정 적인 기여를 할 수 있게 된다. 자동차 보상 프로세스의 혁신 내용은 크게 세 가지로 구성되어 있는데 고객을 위한 초일류 보험서비스 제공, 자동차보험 손해율의 획기적 개선, 그리고 앞서가는 최고의 경영관리시스템이다. 각 혁 신내용별 혁신모듈을 살펴보면 다음과 같다.