• Title/Summary/Keyword: 손해

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A Liability for Damage caused by Drug (의약품 부작용과 손해배상)

  • Song, Jinsung
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.77-116
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    • 2020
  • The use of drugs that reflect the experiences and achievements of modern science has given human being the benefits of treating diseases and improving health conditions. However, in addition to the benefits of those, medicines have inherently inevitable adverse reactions. Many countries are taking measures such as market entry regulations or post-marketing surveillance to minimize damage caused by drug side effects, but the occurrence of side effects cannot be eliminated. Although the damage is force majeure, in some cases, the doctor who prescribed the drug or the pharmacist who administered the drug may have to compensate for the damage. The liability depends on whether the side effects were known in advance, the type of medicine, etc. On the other hand, in some cases, drug manufacturer may have to take liability for the side effect itself. As it is not easy for victims to be compensated for damages in those cases, many countries, including Korea, are setting to protect victims through the Product Liability Act. Drugs are also one of the product, so liability set by the Product Liability Act may apply. Even before the enactment and enforcement of the Product Liability Act, damage caused by drug has occurred. To resolve them, precedents have developed case law, which have many similarities with the Product Liability Act, but also have differences. Damage caused by drug manufactured prior to the enforcement of the Product Liability Act may occur in the future. In this context, the legal principles of the case laws will remain valid and be applied. This is an important reason to review the case law of precedents.

LIG Corporate Image Re-establishment through New Corporate Image Strategy (LIG손해보험의 새로운 기업브랜드 전략을 통한 기업이미지 재정립 )

  • Ahn, Kwangho;Yoo, Changjo;Kim, Donghoon
    • Asia Marketing Journal
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    • v.10 no.3
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    • pp.103-125
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    • 2008
  • After having changed its corporate brand from LG Fire & Marine Insurance to LIG Non-life Insurance in 2006, LIG Insurance has successfully built the corporate image as the leading insurance financial group by engaging in extensive corporate social responsibility activities. LIG, as 'a partner for sharing precious moments of life', intended to provide customers a new value of an insurance by building up the new corporate brand. It established three values to be shared internally. First was to instill a brand value orientation within the organization. Second, the firm identified the brand's value to be delivered to the customers. Third, they defined the image objective to be communicated to them. Based on these set of objectives, the company designed and implemented an integrated marketing communication(IMC) strategy over several years. The result was a successful transition to the new corporate brand name.

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FAIR-Based Loss Measurement Caused by Personal Information Breach of a Company (FAIR를 통한 개인정보 유출에 따른 기업의 손해금액 산출에 대한 연구)

  • Kim, Jeong-Gyu;Lee, Kyung-Ho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.1
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    • pp.129-145
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    • 2017
  • This study proposes a methodology to estimate the financial damages by personal information breach of a company and to analyse risk systematically through a case study of a company which experiences private information breach. Using FAIR(Factor Analysis of Information Risk) model, estimate the loss amount and to analyse risk objectively of a company by personal information breach. This study estimates adequacy and importance of corresponding factors applying AHP(Analytic Hierarchy Process) on each factors for assessing loss amount. By adopting proposed methodology in this study, the person in charge of actual work can assess and prove the loss amount though the latest risk estimation methodology. In addition, the person in charge can select the proper parameters for the corresponding company and can obtain the objective quantitative estimation. Hence it can be reported to the management by accurately assessing loss amount caused by personal information breach.

A Study on Scope of Damages resulted from Early Redelivery under Time Charter (정기용선계약에서 조기반선에 의한 손해배상의 범위에 관한 연구)

  • Han, Nak-Hyun
    • Journal of Korea Port Economic Association
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    • v.24 no.2
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    • pp.19-41
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    • 2008
  • The purpose of this study aims to explore scope of damages resulted from early redelivery under time charter with the Golden Victory case. In this case, disputes arose in relation to the quantum of damages recoverable by th owners. The owners contended that the second Gulf War was irrelevant to their claim, which was to be assessed at the difference between the charter rate and the lower market rate for the whole of the remaining four-year period of the charterparty. The charterers contended that since clause 33 would have entitled them to cancel the charter on the outbreak of the second Gulf War, two years after the repudiation, the owners' claim for damages only ran for those two years. There was no such rule as was contended for by the owners, and that the damages had to reflect the fact that, had there been no repudiatory breach, the charterparty would not have run its full term because the charterers would have cancelled the charter on the outbreak of the second Gulf War.

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Relative Efficiency and Productivity Change of the Korean Non-Life Insurance Firms (국내 손해보험회사의 상대적 효율성 및 생산성 변화)

  • Kang, Ho-Jung
    • The Journal of the Korea Contents Association
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    • v.9 no.5
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    • pp.224-229
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    • 2009
  • This study measures the relative efficiency and productivity change of the Korean Non-Life Insurance Firms using DEA model and Malmquist Index for 2004-2007. The main results of this study can by summarized as follows. First, in case of efficiency of CCR for 2004-2007, the number of efficient firms(CCR value is one) are one firm, one firm, one firm, one firm respectively. Second, in case of efficiency of BCC for 2004-2007, the number of efficient firms(BCC value is one) are five firms, five firms, six firms, six firms respectively. Third, In case of return to scale for 2004-2007, DRS are five firms, DRS are five firms, DRS are six firms, DRS are six firms respectively, Fourth, Malmquist Index representing productivity change for 2004-2007 are 0.99 in 2004-2005, 1.04 in 2005-2006, 1.06 in 2006-2007.

Estimation of Car Insurance Loss Ratio Using the Peaks over Threshold Method (POT방법론을 이용한 자동차보험 손해율 추정)

  • Kim, S.Y.;Song, J.
    • The Korean Journal of Applied Statistics
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    • v.25 no.1
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    • pp.101-114
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    • 2012
  • In car insurance, the loss ratio is the ratio of total losses paid out in claims divided by the total earned premiums. In order to minimize the loss to the insurance company, estimating extreme quantiles of loss ratio distribution is necessary because the loss ratio has essential prot and loss information. Like other types of insurance related datasets, the distribution of the loss ratio has heavy-tailed distribution. The Peaks over Threshold(POT) and the Hill estimator are commonly used to estimate extreme quantiles for heavy-tailed distribution. This article compares and analyzes the performances of various kinds of parameter estimating methods by using a simulation and the real loss ratio of car insurance data. In addition, we estimate extreme quantiles using the Hill estimator. As a result, the simulation and the loss ratio data applications demonstrate that the POT method estimates quantiles more accurately than the Hill estimation method in most cases. Moreover, MLE, Zhang, NLS-2 methods show the best performances among the methods of the GPD parameters estimation.

Face/non-face channel fit comparison of life insurance company and non-life insurance company using social network analysis (소셜네트워크 분석을 활용한 생보사와 손보사의 대면/비대면 채널의 적합성 비교)

  • Chun, Heuiju;Leem, Byunghak
    • Journal of the Korean Data and Information Science Society
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    • v.25 no.6
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    • pp.1207-1219
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    • 2014
  • In this study, 1) we compare face channel and non-face channel of life insurance company and non-life insurance company with insurance employs' suitability opinion about channel type, channel property, channel evaluation items requiring when selling insurance products, 2) we construct two social networks for life insurance companies and non-life insurance companies and find/compare two networks' properties, and then want to suggest any direction about sale channel strategy. As the result of comparing social networks of life insurance company and non-life insurance company created by insurance selling channel fit evaluation, employs of life insurance companies have more common opinion than those of non-life insurance companies and so can have more same directional channel strategy. However, property insurance companies need to manage their own channel strategy based on their own circumstance.

Level of Dependence on Separate Account in the Non-life Insurance Companies and Firm Value (손해보험회사의 특별계정 의존도와 기업가치)

  • Cho, Seokhee
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.1
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    • pp.417-425
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    • 2020
  • In this paper, value relevance of the level of dependence on separate accounts in non-life-insurance companies is studied. As noted by Shim et al. (2015), the separate accounts of insurance companies consist of contracts with different attributes from the general accounts, so it is likely that firm value will vary depending on the insurer's dependence on the separate accounts. Thus, in this paper, an empirical analysis has been conducted using quarterly financial data and stock price data from domestic listed non-life-insurance companies from 2011 to 2018. The analysis shows that variables representing the level of dependence on separate accounts have a significant negative relevance to firm value. These results may suggest that changes in the proportion of a non-life-insurer's separate accounts may result in a change to its firm value under the same net assets and net income scales in aggregate accounts. This study provides management implications for the operation of separate accounts from the perspective of maximizing firm value. In addition, this study suggests that disclosure system improvement would be necessary to more directly report the operational performance of the separate accounts.

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 Legislative System of Air Carrier's Liability in case of Delay of Passengers or Baggage (여객 및 수하물의 연착으로 인한 항공운송인의 손해배상책임제도에 관한 연구)

  • Kim, Ji-Hoon
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.107-142
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    • 2012
  • An aircraft has been one of the most important transportation means and disputes due to damage caused by delay of the aircraft happen many times out of ones related to the air transport. In 2011, the Air Transport Act in Commercial Law was established to regulate national air transport and the legislative system of air carrier's liability to handle delay of passengers or baggage was legislated here. Although there are some clauses related to the legislative system of air carrier's liability, they are very important because they deal with disputes due to damage caused by delay of the aircraft. The Air Transport Act in Commercial Law has a good point of adopting the global standard of 1999 Montreal Convention, but it has also a bad point of having the problems of 1999 Montreal Convention. There are some contents to be modified in the Air Transport Act in Commercial Law. First, the definition of 'Delay of Aircraft' needs to be enacted because it is important to materialize air carrier's liability due to damage caused by delay. Second, it is necessary to modify the clause in which air carrier's liability due to damage caused by delay of passengers is divided into two things, one is in case of national air transport and the other is in case of international air transport, and the limited amount of air carrier's liability in national air transport is eight times less than the latter because they are not so helpful to air carriers but too disadvantageous to aircraft passengers. Third, it is also necessary to amend the clause in which the limited amount of air carrier's liability due to damage caused by loss damage or delay of baggage has been legislated same without classifying the case into loss damage and delay, because they are generally different from each other in terms of extent of damage, therefore the limited amount of air carrier's liability by delay of baggage should be classified into in case of loss damage and in case of delay. It is desired that the Air Transport Act in Commercial Law including the clauses related to air carrier's liability by aircraft damage be developed continually by sufficient study and discussion about the necessity of amending it such as the one mentioned above.

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