• Title/Summary/Keyword: 안전사고 보상 범위

Search Result 6, Processing Time 0.021 seconds

Perceptions of Parents and Directors on Safety, Injury Prevention, and Compensation at Child-care Centers (보육시설 안전사고 예방과 보상에 대한 부모와 보육시설장의 인식)

  • Kim, Hye-Gum
    • Korean Journal of Child Studies
    • /
    • v.30 no.4
    • /
    • pp.1-14
    • /
    • 2009
  • This research examined perceptions of parents and directors of child-care centers about safety, injury prevention, and range and level of compensation. Subjects were 285 parents and 297 directors of child-care centersin Kyunggi Province.Data were analyzed by t-test. Results showed differences between perceptions of parents and directors : parents considered the content and frequency of safety education to be more important; directors considered preparation for safety and safety management of equipment for injury prevention to be more important. Parents thought that range of compensation should include travel to and from the child-care center; directors thought that range of compensation should include sudden infant death. There was no difference between parents and directors regarding amount, subject, and process of compensation.

  • PDF

Status of Safety Accidents in Schools and Approach to Improve - Focused on School Safety and Insurance Association - (학교안전사고의 현황과 개선방안 - 학교안전공제회를 중심으로 -)

  • Jeong, Jeong-ile
    • Convergence Security Journal
    • /
    • v.16 no.1
    • /
    • pp.23-32
    • /
    • 2016
  • The more a society becomes complicated and diversified along with the economic development, the more diverse l earning types the educational activities had beyond the existing educational approaches to cope with the complicated and diversified society. In particular, field studies and opportunity to use the dangerous educational appliances have been increasing in order to cope with the desires of education consumers requiring diversity and the individuality of students has been strengthened. In accordance with the trends above, the school accidents have been gradually increasing in recent days. Thus, this paper aims to propose the suggestions to teachers in real education fields by investigating the problems in compensation system of School Safety and Insurance Association against which the victim s of any school safety accidents firstly claim for the damages, the problems in the present system of the Association and how to improve the system in terms of the payment scope of the Association.

The legal responsibility of the unmanned aircraft operators and insurance (무인항공기 운영자의 법적책임과 보험)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.33 no.2
    • /
    • pp.367-418
    • /
    • 2018
  • Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.35 no.1
    • /
    • pp.63-101
    • /
    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

An Overview and Implication of Apology Law and Disclosure Law in U.S.A. (미국의 사과법 및 디스클로져법의 의의와 그 시사점)

  • Lee, Won;Park, Ji Yong;Jang, Seung-Gyeong
    • The Korean Society of Law and Medicine
    • /
    • v.19 no.1
    • /
    • pp.81-111
    • /
    • 2018
  • Recently in Korea, public interest about patient safety has increased because patient safety incidents occurred continuously. In addition, as the way of coping with medical personnel and medical institutions after occurrence of patient safety incident became controversial, the necessity of introducing apology law and disclosure law was raised. We analyzed the contents of apology law and disclosure law in U.S.A and critically examined the legislative movements in Korea. First, the Apology law requires that a medical personnel provide apology, consolation, sympathy to the patient for discomfort, pain, damage or death, and that the expression of apology shall be inadmissible as evidence of an admission of liability in civil action or administrative proceeding. The Apology law is divided into 'full apology law' and 'partial apology law' depending on whether mistake, error, fault, liability, and legal liability shall be inadmissible. Meanwhile, Disclosure law enforces or voluntarily enforces the law to communicate with the patient regarding the disclosure of the incident, the cause of incident, the compensation plan, and the measures to prevent the recurrence in the adverse incident that serious harm to the patient. In Korea, the concern about patient safety incidents has been amplified, and as the importance of communication between the medical personnel and patient has been recognized, the revision bill for the "Patient Safety Act", which adopted the U.S.A apology or disclosure law, was submitted to the National Assembly. The purpose of this study was to critically review the contents of the revised legislation based on the analysis of the apology law and disclosure law in U.S.A. and to provide implications for future legislative direction.

The Legal and the Official Management System Status of the Agricultural Disease, Injury, and Accidents of Korean (한국 농업인 업무상 재해에 대한 법적 행정적 지원체계 고찰)

  • Lee, Kyung-Suk;Choi, Jeong-Wha;Kim, Hyo-Cher;Kang, Tae-Sun
    • Journal of agricultural medicine and community health
    • /
    • v.31 no.3
    • /
    • pp.219-236
    • /
    • 2006
  • Objectives: To develop a model of a official management system for agricultural disease, injury and accidents, We analyzed current Korean status and management system about occupational injury and accident of farmers. Methods: For national management systems of industry safety and health and current status of occupational injuries and accidents of farmers, related literature such as books, theses, articles, and web documents were collected and analyzed. Results and Conclusion: The regulations of protecting occupational injury and accidents of farmers are suggested as follows: (1)insurance and compensation act for occupational injury and accident of farmers, (2)setting standards of occupational injuries and accidents of farmers, (3)mandating the usage of safety devices for agricultural vehicles and equipments, (4)reporting occupational injuries and accidents that occur among farmers, (5)registering pesticides and assessing safety usage, (6)implementing safety training, (7)supporting personal protective equipments and agricultural safe facilities etc.

  • PDF