• Title/Summary/Keyword: 입증의 책임

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Study on Problems and Its Improvements of Legislation for Shop Key Money (상가권리금 법제화의 문제점과 개선방안 연구)

  • No, Han-Jang
    • The Journal of the Korea Contents Association
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    • v.15 no.11
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    • pp.410-421
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    • 2015
  • The purpose of this study is to review the contents of the legislation(2015.5.12.) for shop key money concretely and to find an effective way in making an improvement of practical protection in the process of tenant's shop key money collection. From this point of view, this study tries to make some legislative suggestions as follows. First of all, the code of conflicting definition between 'shop key money' and 'shop key money contract' in the amended Commercial Building Lease Protection Act need to be harmonized with each other because they are likely to face potential problems in the protection of tenant's shop key money collction as well as risks for confusion. In the second place, it requires to strengthen the protection of tenant's shop key money collection by approval of direct opposing power of shop key money itself on condition that it satisfies a certain prerequisites. In addition, the ambiguous codes related to the landlord's disturbance should be distinctly arranged and the distribution principle of demonstration about landlord's disturbance on tenant's shop key money collection also should be made clear. Finally, the standard level of shop key money by region, business district, and category of business should be set and announced by Ministry of Land and Transport.

A Study on the Problem of Insurance Terms Choice in the Marine Cargo Insurance Contract (해상적하보험계약(海上積荷保驗契約)에 있어서 보험조건선택(保險條件選擇)의 문제점(問題點)에 관한 고찰(考察))

  • Ra, Gong-Wu;Han, Sang-Hyun
    • Korean Business Review
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    • v.11
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    • pp.415-437
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    • 1998
  • On choosing insurance terms it would be a reasonable choice to choose insurance terms in proportion to how much risk is to be with considering of how much risk is exactly to be in a cargo's owner of his or hers as there are conditions such as a character of cargo, a packing condition, a loading ship, a shipping section, and a premium. But when we see on the present state of the statistical insurance table, the effects are entirely different from it stated above and these serious problems are of both the problem to prove who is on duty and the problem to cover how much the indemnity are to be. When we see a shipper as the insured, in the last 3 years that all risks has been more than 95 percent is to prove the reason mentioned above and there would be an intention for the shipper to transfer a claim for the indemnity to the insurer to evade from the complexity. Also when we see how much both I.C.C and New I.C.C is used, New I.C.C has been used less two times than I.C.C, that is due to the restriction of the scale of covering the indemnity. So both the introduction of trade clause as to insured in the same line of business and the positive application, taking into account of the principle of proving who is on duty and the scale of covering the indemnity, are to be accomplished.

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The Effects of Experience Activities for Kitchen Garden Cultivation on Children's Inquiry Skills and Dietary Attitudes (텃밭가꾸기 체험활동이 유아의 탐구능력과 식생활 태도에 미치는 영향)

  • Kang, Young-Sik
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.15 no.6
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    • pp.3460-3468
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    • 2014
  • This study examined the effects of the experience activities for kitchen garden cultivation on children's inquiry skills and dietary attitudes. To achieve this, an experiment was conducted on a total of 43 kindergarten children in a class of 4- and 5-year-olds, who were classified into an experimental group of 35 children (20 male children, 15 female children) and control group of 20 children (8 male children, 12 female children), in Daejeon Metropolitan City. This study showed that children's experience of kitchen garden cultivation helps improve their inquiry skills and dietary attitudes. The results proved their experience activities for kitchen garden cultivation to be useful for improving their inquiry skills and dietary attitudes. Consequently, their experience activities and inquiry learning of participant observation using a natural subject like kitchen garden cultivation can be encouraged to improve the awareness, which can improve their dietary attitudes as the responsibility of their family, and their distorted dietary habits and attitudes. In other words, these results highlight the interdisciplinary and educational usefulness in that their inquiry learning can expect a high educational effect.

Research on Consumer Protection of Carrier Billing Services (통신과금서비스 소비자 보호 방안 연구)

  • Yoo, Soon-Duck;Kim, Jong-Ihl
    • Journal of Digital Convergence
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    • v.13 no.3
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    • pp.1-10
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    • 2015
  • Carrier billing services market is growing according to the technical development. This study investigated the limiting factor in carrier billing services and suggested the improvement factor for it using the Delphi Method. The amount money to use in carrier billing charges should be provided in their credit based and the accumulated payment using a text message is displayed and also telecommunications carriers and carrier billing firms are the least responsible for consumer harm. It also provides administrative responsibility for communications carriers and billing services company for non recognition and payment. The service provider to prove negligence not proven by consumer and telecommunications billing service delinquency rate is applied at a rate such as a credit card and it also should integrate retail payment and service fee. This study will contribute to the communication billing services market growth through improved communication billing service. Further research is needed to continue the study of the factors that emerged from communication and billing services due to emerging technologies and services.

A Study on Cybersecurity Regulation for Financial Sector: Policy Suggestion based on New York's Cybersecurity Regulation (23 NYCRR 500) (국내 금융 사이버보안 규제의 국제경쟁력 제고를 위한 연구: 미(美) 뉴욕 주 금융 사이버보안 규정 (23 NYCRR 500)을 중심으로)

  • Kim, Docheol;Kim, Inseok
    • The Journal of Society for e-Business Studies
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    • v.23 no.4
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    • pp.87-107
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    • 2018
  • In March 2017, the State of New York became the first state to implement regulation specific to cybersecurity for financial institutions. Unlike previous regulations regarding information security, it has set a minimum requirements to establish cybersecurity program based on risk assessment results, protect Nonpublic Information, designate of CISO, and report to regulatory entity. This paper presents a need for a new cybersecurity policy in Korea by examining newly adopted cybersecurity regulation in the United States. Finally, the paper identify policy suggestions based on the United States's approach as they have successfully implemented the program.

A Construction Safety Management Information Model using the Concept of Design for Safety (Design for Safety 개념을 활용한 건설안전관리정보모형)

  • Hong Sung-Ho
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2004.11a
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    • pp.109-116
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    • 2004
  • The DfS(Design for Safety) concept is expected to be widely used to promote pro-active construction safety management. It will open up tremendous opportunities for tile owner, designer, and constructor to prevent accidents in construction projects. Construction safety management using the DfS concept is regarded as the most difficult job for the owner, designer and contractor to undertake, because an information model using the DfS concept is not utilized as a tool to support pro-active construction safety management. Therefore, there has been a growing need toward an information model during the design process ai recent practice of construction safety management have emphasized the significance of the pre-construction phase of projects. The objective of this study is to develop the construction safety information model being composed of conceptual, logical, and computerized information models as the tool that helps owner, designer and contractor find out and communicate as well as understand the hazardous nature of the construction projects during the design process.

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Analysis of Fire-Related State Compensation Cases (화재와 관련된 국가배상 사례의 분석)

  • Lee, Eui-Pyeong
    • Fire Science and Engineering
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    • v.33 no.5
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    • pp.109-117
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    • 2019
  • When those who have caused a fire have no ability to compensate fire victims, the victims tend to charge fire agencies for state compensation to receive damage relief. This study analyzed two state compensation cases related to fires. The findings suggest that if there is a causal relationship between fire damage and mistakes committed by fire officials that are associated with fire prevention or special fire inspections, courts usually decide that fire agencies should compensate fire victims. Despite the introduction of a new article in the Framework Act on Fire-Fighting Services on December 26, 2017, titled "Exemption from Responsibility for Fire-Fighting Activities", exemptions are only available if inevitability of the activity has been proven. However, unlike rescue or first aid activity, inevitability is difficult to prove when it comes to fire inspection activity. Therefore, it is expected that state compensation suits related to fires will not decrease.

Disability Underwriting (신체장해 언더라이팅에 관한 연구)

  • Kim, Yoo-Jin
    • The Journal of the Korean life insurance medical association
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    • v.25
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    • pp.79-102
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    • 2006
  • 1. 서론 o 연구배경 05년 4월에는 생손보 공통의 신체장해분류표 개정시행 및 표준약관개정이 있었으며 05년도까지는 어떤 형태로든지 장애인차별금지법안이 입법화될 것이라고 한다. 따라서 장애인의 보험이 거절되었을 경우 입증책임은 보험회사에 있게 될 것이다. 생명보험업계로서는 공 통 인수지침마련을 통해 민원소지 최소화를 위해 노력했으나 오히려 장애인차별이라는 비난을 받게 되었다. 이에 개정신체장해분류표에 대한 연구 및 언더라이팅적 시각에서의 개선방안 모색이 필요하게 되었다. o 연구방향 신체장해제도는 보험회사 뿐만 아니라 각종 법규 및 정부기관에서 다양하게 운영되고 있다. 이들에 대한 연구 및 특히 보험청약시에 주로 접하게 되는 복지장애(장애인복지법하(下))에 대해 주로 연구하여 이와 개정신체장해분류표를 비교분석 하도록 한다. 그리고 개정신체장해분류표에서 향후에 발생가능한 문제에 대해 업계경험을 토대로 개선점을 강구하도록 한다. 2. 신체장애등급의 이론적 배경 o 신체장애제도의 종류 o 국내법상의 신체장애제도 o 신체장애평가제도 근거법규 o 해외주요국의 신체장애평가제도 3. 우리나라의 장애보장제도 현황 o 국가장애등급과 생명보험 실제지급경험의 연구를 통해 신체장해비교를 통해 장애1급의 주요원인이 질병원인에 있으며 재해원인은 상대적으로 낮은 수준을 보이고 있다. 특히 질병장애의 경우 05년 3월까지 등록된 복지장애에서보다 생명 보험 지급경험에서 훨씬 높은 비율을 나타내고 있음이 05년$1{\sim}5$월 생명보험 장애1급 지급 건의 연구결과 나타났다. 문제는 복지장애와 생명보험약관상의 신체장애의 평가기준이 상이하여 등급간 정도와 신체장해물의 정도의 비교에 표준화된 이론적 근거나 tool이 없다는 것이다. 이에 대해 외국사의 경우에는 장애의 결과보다는 원인질병에 의거하여 그에 따른 후유장애로 나뉘어 인수지침을 두고 있다. o 우리나라의 신체장해 평가방법을 보면 각종 법규나 정부기관에서 사용하는 평가방법을 포함하여 대략 신체장애등급방식과 신체장해율 방식으로 나눌 수 있다. 복지장애는 독자적인 신체장애등급방식으로 장애를 평가하고 있으며 생명보험약관은 05넌4월개정시부터 손해보험의 장기보험에서 기(旣)시행중인 신체장해율방식을 쓰고 있으며 이는 미국의 A.M.A법에 근간을 두고 있다. 상호간의 판정기준이 상이한 상황에서 언더라이팅은 장애의 원인은 고려되지 않은 결과물에 해당되는 신체장해율표만 가지고 인수지침을 세우기 어려우므로 A.M.A법에 대한 연구가 필요할 것이다. 또한 손해보험경험에서 이미 문제로 대두되고 있는 한시장해와 기타 제도적 개선방향을 모색해야 할 것이다. 4. 결론 우리나라에서 운영되고 있는 장해는 원인에 대한 고려나 선천성과 후천성의 구별이 없이 운영되고 있다. 또한 신체장해 평가기준이 너무나 다양하게 운영되고 있어서 기초통계축적에도 어려움이 많다. 보험회사의 사회적 책임의 한계도 존재한다. 따라서 장해의 결과보다는 원인에 대한 연구가 더욱 필요할 것이며 이에 대한 국민의 관심 및 공감대형성이 필요할 것이다.

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A Study on the Improvement of Health Damage Relief Regulation due to Environmental Hazardous Factors (환경유해인자로 인한 건강피해 구제제도의 개선방안에 관한 고찰)

  • Baek, Woonsuk;Shim, Younggyoo
    • Journal of Environmental Policy
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    • v.12 no.1
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    • pp.75-100
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    • 2013
  • Health damages such as pneumoconiosis and kidney damage, caused by environmental hazardous factors are being reported in health impact assessment conducted on environmentally vulnerable areas, including cement factories and refineries. Current legal system for relieving the environmental victims is not effective enough because the environmental health act does not specify the environmental hazardous factors to be considered for the relief. The aim of this study is to examine the problems of the existing system by making empirical analysis on health damages and afflicted people as well as on cases when afflicted people were able to be covered by remedy system. The results show that, insufficiencies of the relief system are due to the following reasons: First, current Environmental Health Act does not act well as a remedy system. Second, due to its unique nature of environmental health damage, it is hard to identify and prove the cause of health damage and unlawful actions of violators in the process of environmental dispute conciliation and lawsuits against polluters. This paper suggests following solutions on above mentioned problems. First, in defining the range and definition of environmental diseases, negative system should be used alongside with the current positive system. Second, we suggest adding the nature of public law to relief system, in order to ease the legal burden of proof. Third, in case when it is hard to identify the polluters and one cannot expect reliefs for their damage, it is possible to elevate the effectiveness of the relief measure by expanding scope of the search for possible environmental hazardous factors that caused the health damage. It is urgent to improve the relief system so as to secure the environmental rights of Koreans.

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Who is responsible for the onus of proof on online fraud transactions? In perspectives of the eCommerce Law and Privacy Investment (온라인 거래에서 사고 발생시 누가 이의 입증책임을 질 것인가?)

  • Chun, Se-Hak;Cho, Woo-Je;Kim, Jae-Cheol
    • 한국경영정보학회:학술대회논문집
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    • 2007.06a
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    • pp.699-704
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    • 2007
  • In this study, we examine why there exist different legal systems in electronic commerce or online financial trading. When a fraud online transaction occurs and the online customer disputes the transaction, the online customer takes responsibility for the proof of her/his argument in many European countries while in the U.S., the burden of proof lays on the firm. This paper analyzes how these two different legal systems exist and how these can be applied to electronic commerce law. In particular, this paper intends to find the optimal level of e-commerce firms' investment on security and analyzes how security investments can be related to firm's profits and consumer's welfare depending on IT infrastructure and social trust environment. More on, this paper can be contributed to provide guidelines for regulatory framework on ecommerce online transactions and discuss social welfare implications.

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