• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.3-42
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• 2010

This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

• 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 Journal of The Korea Institute of Intelligent Transport Systems
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• v.19 no.6
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• pp.144-151
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• 2020

The number of drones used in various fields expected to 50,000 commercial drones by 2026. is to purchase business liability insurance only for commercial drones, as the scope of use of drones expands, it necessary to improve the drone insurance system, which imposes legal obligations aircraft duties. In particular, due to the diversification of aircraft characteristics of drones, an insurance system according to the degree of risk is required. To this end, a survey on the current status of drone operation in Korea, a review of documents related to drone insurance at home and abroad, collection and analysis of drone-related data, insurance systems for each transportation method, and analysis of data on overseas drone insurance products. o derive an improvement plan for the drone insurance system for drone insurance by aircraft characteristics and operation missions, and establish insurance standards by aircraft characteristics and operation missions, derive implications through required insurance surveys by sector such as users, users, and insurance companies. Detailed insurance standards were established by calculating the degree of risk according to the physical characteristics of the aircraft, and the liability for damage according to the operation mission was specified.

• Proceedings of the Technology Innovation Conference
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• 2004.06a
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• pp.214-236
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• 2004

최근 국제 금융시장은 컴퓨터 및 통신분야의 기술진보로 비 은행금융기관에서도 상업은행에 의해서만 독점적으로 제공되었던 거래서비스를 결합한 새로운 금융서비스를 제공할 수 있게 되었고, 이는 곧 은행과 비 은행금융기관의 벽을 무너뜨리는 양자 간 동질화 현상을 유도하였으며 활발한 금융 겸업화 현상으로 금융혁신이라고 부를 만한 서비스분야의 기술혁신 성과를 거두게 되었다. 본 연구는 금융권간 판매채널 통합의 시작이라 평가되는 방카슈랑스를 중심으로 금융기관 간 겸업의 활성화를 통해 산업 간 동질화를 이루는 시점에서 금융혁신이 이루어진다고 설정, 금융서비스의 기술혁신 성과를 예측해 보았다 이를 위해 먼저 우리나라 대표 금융기관 격인 은행과 보험, 증권회사가 금융겸업을 이루는 경우 각 겸업 주체 기관의 혁신적인 성과를 실증 분석하도록 한다. 분석대상은 표본기간 중 국내 주식시장에 연속으로 상장되어 있는 모든 은행, 증권, 손해보험 49개를 대상으로 수행하였으며, 표본자료는 KIS-LINE이 제공하는 재무제표자료와 한국증권거래소에서 제공하는 주가데이터에서 추출하였다. 본 연구의 금융혁신 성과 분석은 두 단계로 이루어진다. 먼저 금융기관 간 가상 합병을 이용, 시뮬레이션 분석을 하고 그 결과 각 금융기관의 ROA와 자기자본비율 및 안전성(위험성지표)을 분석한다 다음 단계로 안전성이 보장되지 않는 경우 적정하게 추정된 안전성 내에서 경영 성과를 이루는 최적 기간에 대해 실물옵션평가(Real Option Valuation) 분석을 한다. 그 결과 금융겸업을 통한 혁신 성과는 은행 주체로 비 은행금융기관과 겸영하는 경우 이상적으로 잘 보여지며, 증권 주체로 보험업을 겸업하는 경우는 ROA 와 자기자본비율 면에서는 혁신적이나 안전성 면에서는 저해된다는 결과를 알아내었다. 그리고 이 같은 안전성의 위험은 증권업을 실행하는데 요구되는 수준의 안전성을 유지하는 경우 3 년간의 투자기간 후에는 혁신사업으로 발전할 수 있는 발판을 마련하게 된다고 추정하였다.

• Journal of radiological science and technology
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• v.30 no.4
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• pp.305-311
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• 2007

Contrast medium is a useful drug for radiological examinations and usability of it gradually increases while it has some inevitable adverse reaction and it is difficult to predict the occurrence and the degree of adverse reactions. Although the patient consented permission for the use of contrast media, the hospital could not be exempted from the responsibility for the adverse contrast media reaction. During radiological contrast media examination, the radiologist and the contrast media producer have the duty of precaution, prediction and avoid adverse results. In addition, they have reliabi lity of patient remedy for neglecting the duty. Since contrast medium are manufactured or processed as movable properties, the manufacturers are bound to the product liability if damages occur due to the defects in pharmaceuticals. In consideration of the characteristics of product liability, it is necessary to demand high degree of duty of care and diligence from producer or to reduce patient's burden of proof in a product liability lawsuit. For securing compensation ability and liability implementation, products compensation liability insurance is required for contrast medium manufacturers. In conclusion, contrast medium producer has legal liability for adverse reactions and the contract concluded with producer and hospital including legal liability will reduce liability of hospital and radiologist, patient.

• The Korean Journal of Financial Management
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• v.14 no.3
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• pp.113-135
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• 1997

본 논문의 목적은 미국 손해보험회사간의 합병을 대상으로 하여 합병전과 후 기업의 X-효율성을 실증분석과 모의분석 방법을 이용해서 검증하고 합병의 잠재적인 X-효율성 효과를 분석하고자 하였다. X-효율성의 증진정도를 파악하기 위해서 횡단면적인 비용함수를 먼저 추정하였는데 비용함수 추정시 생산물이 제로(0)인 경우를 포함하기 위하여 혼용초월 로그비용함수(hybrid translog cost function)를 사용하였다. 그리고 Berger(1992)의 비분포방법(distribution free approach)를 사용하여 기업의 합병전,후 X-효율성을 추정하였다. 1986년부터 1990년 사이에 수평합병한 미국 손보사를 대상으로 피합병기업(merged firms)과 합병기업(merging firms)간의 X-효율성 차이를 검증하였으나 합병전 합병기업이 더 효율적이라는 통계적 증거는 없었다. 두 번째로 합병기업은 합병후 효율성이 증진하였느냐는 가설도 검증하였으나 이 가설을 지지할 만한 통계적 증거는 미약하였다. 가상합병을 통한 모의분석에서는 합병후 상당한 X-효율성 증진이 있을 것이라는 통계적으로 유의한 결과를 얻었으나 합병후 규모효율성의 중진에 대해서는 통계적 유의성이 없었다. 이는 합병의 최대 효익이 규모효율성 증대가 아닌 X-효율성 증대라는 Shaffer(1993)나 Berger and Humphrey(1993)의 연구결과와 일치한다. 실증분석 결과와 모의분석 결과를 비교하면 전자에서는 합병후 X-효율성의 증가효과가 거의 없었으나 후자에서는 합병후 상당한 X-효율성 증가가 있을 것으로 나타났다. 이는 실제 미국 손보사의 합병에서 과도한 합병프리미엄 지급, 규제에 의한 중복비용 둥으로 단기적으로 볼 때 합병사가 부담하는 합병비용이 합병에 의한 효익보다 컸을 것이라는 것을 시사한다.

• Journal of Korean Society of Forest Science
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• v.15 no.1
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• pp.1-38
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• 1972

1. Objective of the Study The objective of the study was to make fundamental suggestions for drawing a forest insurance system applicable in Korea by investigating forest insurance systems undertaken in foreign countries, analyzing the forest hazards occurred in entire forests of Korea in the past, and hearing the opinions of people engaged in forestry. 2. Methods of the Study First, reference studies on insurance at large as well as on forest insurance were intensively made to draw the characteristics of forest insurance practiced in main forestry countries, Second, the investigations of forest hazards in Korea for the past ten years were made with the help of the Office of Forestry. Third, the questionnaires concerning forest insurance were prepared and delivered at random to 533 personnel who are working at different administrative offices of forestry, forest stations, forest cooperatives, colleges and universities, research institutes, and fire insurance companies. Fourth, fifty three representative forest owners in the area of three forest types (coniferous, hardwood, and mixed forest), a representative region in Kyonggi Province out of fourteen collective forest development programs in Korea, were directly interviewed with the writer. 3. Results of the Study The rate of response to the questionnaire was 74.40% as shown in the table 3, and the results of the questionaire were as follows: (% in the parenthes shows the rates of response; shortages in amount to 100% were due to the facts of excluding the rates of response of minor respondents). 1) Necessity of forest insurance The respondents expressed their opinions that forest insurance must be undertaken to assure forest financing (5.65%); for receiving the reimbursement of replanting costs in case of damages done (35.87%); and to protect silvicultural investments (46.74%). 2) Law of forest insurance Few respondents showed their views in favor of applying the general insurance regulations to forest insurance practice (9.35%), but the majority of respondents were in favor of passing a special forest insurance law in the light of forest characteristics (88.26%). 3) Sorts of institutes to undertake forest insurance A few respondents believed that insurance companies at large could take care of forest insurance (17.42%); forest owner's mutual associations would manage the forest insurance more effectively (23.53%); but the more than half of the respondents were in favor of establishing public or national forest insurance institutes (56.18%). 4) Kinds of risks to be undertaken in forest insurance It would be desirable that the risks to be undertaken in forest insurance be limited: To forest fire hazards only (23.38%); to forest fire hazards plus damages made by weather (14.32%); to forest fire hazards, weather damages, and insect damages (60.68%). 5) Objectives to be insured It was responded that the objectives to be included in forest insurance should be limited: (1) To artificial coniferous forest only (13.47%); (2) to both coniferous and broad-leaved artificial forests (23.74%); (3) but the more than half of the respondents showed their desire that all the forests regardless of species and the methods of establishment should be insured (61.64%). 6) Range of risks in age of trees to be included in forest insurance The opinions of the respondents showed that it might be enough to insure the trees less than ten years of age (15.23%); but it would be more desirous of taking up forest trees under twenty years of age (32.95%); nevertheless, a large number of respondents were in favor of underwriting all the forest trees less than fourty years of age (46.37%). 7) Term of a forest insurance contract Quite a few respondents favored a contract made on one year basis (31.74%), but the more than half of the respondents favored the contract made on five year bases (58.68%). 8) Limitation in a forest insurance contract The respondents indicated that it would be desirable in a forest insurance contract to exclude forests less than five hectars (20.78%), but more than half of the respondents expressed their opinions that forests above a minimum volume or number of trees per unit area should be included in a forest insurance contract regardless of the area of forest lands (63.77%). 9) Methods of contract Some responded that it would be good to let the forest owners choose their forests in making a forest insurance contract (32.13%); others inclined to think that it would be desirable to include all the forests that owners hold whenerver they decide to make a forest insurance contract (33.48%); the rest responded in favor of forcing the owners to buy insurance policy if they own the forests that were established with subsidy or own highly vauable growing stock (31.92%) 10) Rate of premium The responses were divided into three categories: (1) The rate of primium is to be decided according to the regional degree of risks(27.72%); (2) to be decided by taking consideration both regional degree of risks and insurable values(31.59%); (3) and to be decided according to the rate of risks for the entire country and the insurable values (39.55%). 11) Payment of Premium Although a few respondents wished to make a payment of premium at once for a short term forest insurance contract, and an annual payment for a long term contract (13.80%); the majority of the respondents wished to pay the premium annually regardless of the term of contract, by employing a high rate of premium on a short term contract, but a low rate on a long term contract (83.71%). 12) Institutes in charge of forest insurance business A few respondents showed their desire that forest insurance be taken care of at the government forest administrative offices (18.75%); others at insurance companies (35.76%); but the rest, the largest number of the respondents, favored forest associations in the county. They also wanted to pay a certain rate of premium to the forest associations that issue the insurance (44.22%). 13) Limitation on indemnity for damages done In limitation on indemnity for damages done, the respondents showed a quite different views. Some desired compesation to cover replanting costs when young stands suffered damages and to be paid at the rate of eighty percent to the losses received when matured timber stands suffered damages(29.70%); others desired to receive compensation of the actual total loss valued at present market prices (31.07%); but the rest responded in favor of compensation at the present value figured out by applying a certain rate of prolongation factors to the establishment costs(36.99%). 14) Raising of funds for forest insurance A few respondents hoped to raise the fund for forest insurance by setting aside certain amount of money from the indemnity paid (15.65%); others wished to raise the fund by levying new forest land taxes(33.79%); but the rest expressed their hope to raise the fund by reserving certain amount of money from the surplus money that was saved due to the non-risks (44.81%). 15) Causes of fires The main causes of forest fires 6gured out by the respondents experience turned out to be (1) an accidental fire, (2) cigarettes, (3) shifting cultivation. The reponses were coincided with the forest fire analysis made by the Office of Forestry. 16) Fire prevention The respondents suggested that the most important and practical three kinds of forest fire prevention measures would be (1) providing a fire-break, (2) keeping passers-by out during the drought seasons, (3) enlightenment through mass communication systems. 4. Suggestions The writer wishes to present some suggestions that seemed helpful in drawing up a forest insurance system by reviewing the findings in the questionaire analysis and the results of investigations on forest insurance undertaken in foreign countries. 1) A forest insurance system designed to compensate the loss figured out on the basis of replanting cost when young forest stands suffered damages, and to strengthen credit rating by relieving of risks of damages, must be put in practice as soon as possible with the enactment of a specifically drawn forest insurance law. And the committee of forest insurance should be organized to make a full study of forest insurance system. 2) Two kinds of forest insurance organizations furnishing forest insurance, publicly-owned insurance organizations and privately-owned, are desirable in order to handle forest risks properly. The privately-owned forest insurance organizations should take up forest fire insurance only, and the publicly-owned ought to write insurance for forest fires and insect damages. 3) The privately-owned organizations furnishing forest insurance are desired to take up all the forest stands older than twenty years; whereas, the publicly-owned should sell forest insurance on artificially planted stands younger than twenty years with emphasis on compensating replanting costs of forest stands when they suffer damages. 4) Small forest stands, less than one hectare holding volume or stocked at smaller than standard per unit area are not to be included in a forest insurance writing, and the minimum term of insuring should not be longer than one year in the privately-owned forest insurance organizations although insuring period could be extended more than one year; whereas, consecutive five year term of insurance periods should be set as a mimimum period of insuring forest in the publicly-owned forest insurance organizations. 5) The forest owners should be free in selecting their forests in insuring; whereas, forest owners of the stands that were established with subsidy should be required to insure their forests at publicly-owned forest insurance organizations. 6) Annual insurance premiums for both publicly-owned and privately-owned forest insurance organizations ought to be figured out in proportion to the amount of insurance in accordance with the degree of risks which are grouped into three categories on the basis of the rate of risks throughout the country. 7) Annual premium should be paid at the beginning of forest insurance contract, but reduction must be made if the insuring periods extend longer than a minimum period of forest insurance set by the law. 8) The compensation for damages, the reimbursement, should be figured out on the basis of the ratio between the amount of insurance and insurable value. In the publicly-owned forest insurance system, the standard amount of insurance should be set on the basis of establishment costs in order to prevent over-compensation. 9) Forest insurance business is to be taken care of at the window of insurance com pnies when forest owners buy the privately-owned forest insurance, but the business of writing the publicly-owned forest insurance should be done through the forest cooperatives and certain portions of the premium be reimbursed to the forest cooperatives. 10) Forest insurance funds ought to be reserved by levying a property tax on forest lands. 11) In order to prevent forest damages, the forest owners should be required to report forest hazards immediately to the forest insurance organizations and the latter should bear the responsibility of taking preventive measures.

• Journal of the Korean Society of Food Science and Nutrition
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• v.33 no.2
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• pp.305-310
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• 2004

The present study was aimed at investigating effects of chicory inulin and three kinds of oligosaccharides on lipid metabolism in rats fed a high-cholesterol diet. Nine Sprague-Dawley male rats weighing, about 190g were given one of five experimental diets, which were basal cholesterol diet (Control) isomaltooligosaccharide diet (IMO), Iructooligosaccharide diet (FO), chicory inulooligosaccharide diet (CIO) and chicory inulin diet (CI) for 5 weeks. In the oligosaccharide and inulin diets, 6% was added at the expense of sucrose. Rats were pair-fed to the intake of FO group which consumed the least amount, and their feces were collected during the last 4 days. Body weight gain was lower in Fo and CI groups compared with the Control group. Plasma glucose levels of FO and CIO groups were lower and plasma triglyceride concentrations of FO, CIO, and CI groups were lower than those of IMO group. Plasma cholesterol concentration did not differ among groups. Relative liver weight was lower in CIO group. Hepatic triglyceride and cholesterol did not differ among. groups. Fecal excretion of neutral steroid and bile acid were not different among groups, but fecal triglyceride excretion was significantly increased in FO and CI groups compared with the Control group. In conclusion, supplementation of oligosaccharides and chicory inulin at 6% of diets showed no significant hypolipidemic effect in rats fed a high cholesterol diet.

• Journal of Korea Port Economic Association
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• v.22 no.4
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• pp.1-17
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• 2006

In the Bill of Lading of The Irbenskiy Proliv is not subject to the Hague-Visby Rules in accordance with paragraphs (A) and/or (E) of cl.1 or to the Hague Rules in accordance with paragraphs (B) and/or (D) of cl.1. The Irbenskiy Proliv is very rare case that is effective to exempt the carrier as literal words of Bill of Lading. The action concerns cargoes of perishable goods shipped from Brazil to Japan, under Bills of Lading each of which contained an extensive carrier's exemption clause. A preliminary issue was ordered to be determined on the question whether c1.4 is effective to exempt the ralliers from any potential liability for the claims in this case. The court held that there is no reason to reject c1.4 as part of each of the contracts contained in or evidenced by the bills of lading; and it protects the carrier where damage to the goods shipped results from such causes. It is therefore effective to exempt the carriers from any potential liability for those claims.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.155-190
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• 2015

The court sentenced meaningful decisions related to the medical service in 2014. The court assumed the negligence of medical staff in the accident if being broken while using the medical equipment for not an original purpose at the time of surgery and ruled that the compensation for damage can be recognized in recognition of the causal relationship between the explanation duty violation and side effect's happening when unproven surgery on safety is implemented regarding the duty of explanation, that in the case of cosmetic surgery, the subject on the duty of explanation needs to be expanded compared to the general medical practice and that the duty of explanation cannot be accepted for the range that cannot be expectable. Also, the court has provided the requirement and limitation of self-determination exercise in case of the crash between patient's self-determination and doctor's duty of care and has ruled that as automobile insurance contract is a contract with the insurance company to pay regarding liability for car accidents, treating patients and taking the insurance money is not illegal activity even for the unlicensed hospital violating the medical law while established. The judgment stating the opinion that medical practitioners cannot be punished according to the medical law prohibiting the receiving of rebate in case that medical practitioners did not receive benefit while the medical institution itself gained an unfair economic benefit also stands out. And the court has ruled that even if the medical institution who received a business suspension is closed, the suspension is still effective in case that the same operator opens a new medical institution in the same place, ruled on the requirement to conduct a medical service outside of the medical institution that the doctor opened and ruled that the administrative penalty cannot be conducted prior to the conviction on charge of violating the medical law.