• Title/Summary/Keyword: 자가보험

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A Study on the Problems and Resolutions of Provisions in Korean Commercial Law related to the Aircraft Operator's Liability of Compensation for Damages to the Third Party (항공기운항자의 지상 제3자 손해배상책임에 관한 상법 항공운송편 규정의 문제점 및 개선방안)

  • Kim, Ji-Hoon
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.3-54
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    • 2014
  • The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.

Association of Health-related Behaviors with Socio-demographic Characteristics (건강증진과 관련된 행태에 영향을 미치는 인구사회학적 특성)

  • Roh, Won-Hwan;Kim, Seok-Beom Gib;Kang, Pock-Soo
    • Journal of agricultural medicine and community health
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    • v.23 no.2
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    • pp.157-174
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    • 1998
  • A survey was conducted to study the influence of socia-demographic factors on health-related behaviors. from June 1 to July 31, 1996. The study population was 1,903 adults in Kyongju City. A questionnaire method was used to collect data. Health-related behaviors included 24 items for men and 26 items for women. The followings are summaries of findings : The compliance of health promotion activities was higher when the age was older in men, when married, when having no religion and when the education level was higher than the other groups. And it was significantly higher when the income was lower in men and higher in women, in the residents living in apartment, in white collar workers, in the chronic ill people and when the body weight was lower than the other groups. Notable differences were found in the composition of health behavior factors for socio-demographic characteristics. Men used more tobacco, coffee and tea, salt and alcohol than women. However, the practice rates of regular exercise and physical examination were higher in men than women. On the other hand, the practice rates of fruit/vegetable intake, milk drinking and regular tooth brushing were higher in women than men. When the age was old, the amount of fruit/vegetable intake, the frequency of physician visit and health check-up, and regularity of meal were increased. When the income was high, the use rate of seat-belts, the amount of coffee, milk, fruit/vegetable and red meat intake were increased. The frequency of regular exercise. tooth brushing, health check-up, pap test and breast self examination were higher in the rich than the poor. When the education level was high, the frequency of regular exercise and tooth brushing, and the use rate of seat belts were increased, and the amount of alcohol consumption and salt intake were decreased. These findings suggest that socio-demographic factors are significantly associated with the patterns of health behaviors. In conclusion public health programs and individual counseling efforts should be multifaceted and behavior-specific to encourage to practice healthy life-style.

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