• Title/Summary/Keyword: 피해보상

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Legal Issues on the Designated Driver and Designated Driver Crime (대리운전의 법적 문제와 대리운전 범죄에 관한 소고)

  • Lee, cheol-ho
    • Proceedings of the Korea Contents Association Conference
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    • 2012.05a
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    • pp.81-82
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    • 2012
  • 대리운전업은 서비스업으로 세무서에 신고만 하면 사업자 등록을 하고 사업을 할 수 있고, 설사 신고를 하지 않고 영업을 하더라도 규제할 방법이 마땅치 않아 진입장벽이 없는 상태이며 대리운전업에 대한 규제법은 전무한 상태이다. 이들이 법적 관리로부터 방치되어 있는 결과 대리운전행위의 사회적 편익에도 불구하고 요금시비 등 서비스의 질, 생계형 운전미숙자의 진입, 주로 야간에 다수의 낮선 차량을 운전하여야 하고 겸업이 47.3%에 이르러, 과중한 노동으로 인한 피로누적, 주의력 산만, 과속경쟁 등 대리운전의 속성상 교통사고 발생위험, 사고발생시 피해보상책임, 절도나 성폭력행위와 같은 범죄유발 등 여러 가지 문제가 끊이지 않고 있다. 관련업계나 일부 단체에서는 대리운전업 종사자가 15만 명을 넘어섰다고 주장하며 당당한 직업으로 인정해 달라고 요구하고 있고, 근로형태나 조건 등 사업자 내부의 문제도 제기된다. 본고(本稿)에서는 대리운전으로 발생하는 범죄의 현황과 대책을 개괄적으로 조망하고자 한다.

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The Liabilities of Shipowners and Compensation for Marine Pollution Damage by Oil (유류에 의한 해양오염 피해에 대한 선주책임 및 보상제도)

  • 박명섭
    • The Journal of Fisheries Business Administration
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    • v.25 no.2
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    • pp.59-87
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    • 1994
  • While overall input of oil into the sea has actually declined over the years 1975-92, major spills have regularly occurred in certain locations which have had serious effects upon local environments and hence caused public outcry. The purpose of this paper is to suggest the scheme for maximizing the compensation for oil pollution, which can be adopted in Korea, by analysing the mandatory 1969 Civil Liability Convention(CLC), the 1971 Fund Convention and two voluntary schemes (TOVALOP andCRISTAL). The paper examines the major subjects which are as follows : major pollution incidents and international response, the present situation of oil pollution in Korea, the role of flag of convenience tankers in oil pollution, the mode of oil pollution damages and tanker owner's liability, international compensation system fer oil pollution, Korean compensation system for oil pollution damage, and its problems to be tackled.

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Conclusion of Conventions on Compensation for Damage Caused by Aircraft in Flight to Third Parties (항공운항 시 제3자 피해 배상 관련 협약 채택 -그 혁신적 내용과 배경 고찰-)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.35-58
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    • 2009
  • A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

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A Study on the Large-Scale Power Blackout Management System in the Level of National Crisis Management (대규모 정전상태에 대비한 국가위기관리 방향에 관한 연구)

  • Cho, Kwang-Rae;Joo, Il-Yeob
    • Korean Security Journal
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    • no.10
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    • pp.387-407
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    • 2005
  • Thanks to the developments of IT technologies, such critical infrastructures as fundamental structures of energies, material circulations, monetary circulations, and living necessaries are intertwined as well as mutually dependent. In this respect, the fact that national infrastructures are closely related to IT infrastructures implies not only expected benefits to provide diverse information-based services, but also anticipated costs to bring about new dangers. However, in spite of these threats, traditional researchers have not put enough interests in these indirect danger, which yield the damages in broad areas through paralyzing risk management systems, although they have investigated such direct threats as nuclear accidents, conflagrations, traffic troubles, and gasoline accidents. Considering that the tendency to depend on electricity, so-called electrification, which is caused by automation and informationalization, is intensified in all parts of society, the breakout problem as a factor to inhibit securities in information-oriented society is significant. Thus, the problems of large-scale power blackout should be treated as national crises. Also, preparation systems for large-scale power blackout have to be provided quickly. In this paper, with analyzing various cases of large-scale power blackout and investigation the causes of them, researches on the blackout management systems of Korea are to be present, on the basis of national crisis management states which are comprised of protection (mitigating and preparing), responding, and recovering(rewarding).

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The Relationship between the Behavioral Characteristics of Elderly and Fatal Pedestrian Accidents (고령보행자의 행동특성과 보행사망사고의 관계)

  • Ju Seok Oh;In Seok Kim;Soon Chul Lee
    • Korean Journal of Culture and Social Issue
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    • v.16 no.1
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    • pp.1-18
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    • 2010
  • This study examines the characteristics of traffic accidents involving elderly pedestrians by analyzing relevant data vis-à-vis fatal pedestrian accidents and proposes solutions to reduce such accidents. We analyzed 3,853 cases of fatal accidents involving elderly pedestrians and 1,786 cases involving younger pedestrian (these cases reflect accidents that occurred from 2005 to 2008). The results show that accidents involving the elderly occur more frequently in rural areas than urban areas, especially in autumn; this condition applies even in situations where the elderly exhibit compensation behaviors such as walking on safer roads. We found that elderly pedestrians exhibit a defective behavior in crossing roads, especially in complicated road conditions where intersections and turning/reversing vehicles represent a menacing threat. These characteristics could be explained by the degenerated physical/mental ability of the elderly and by psychological factors such as reduced level of self-confidence.

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Composition and Policy Direction of Compensation Insurance Against Customer Information Infringements in Financial Transactions (금융거래 고객정보 침해사고 보상보험의 구성 및 정책방향)

  • Kim, Jong Hwan;Lim, Jong In
    • The Journal of Society for e-Business Studies
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    • v.19 no.3
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    • pp.1-21
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    • 2014
  • Personal information is a requisite for financial transactions as well as a core asset of financial companies. However, as a side effect of the information society, personal information infringements have emerged as significant social risks, causing realized loss to individuals and companies. This study analyzes results of financial and emotional loss in terms of consumer loss and also presents usefulness of insurance in order to minimize such actual damages as a means of risk transfer. In addition, this study investigates components and premium calculation principles of compensation insurance against personal information invasion and finally presents policies to activate these insurance product. As a method of risk management, insurance not only is a useful tool to guarantee consumer protection and companies' financial soundness simultaneously but also provides a basis of quantitative measurement of IT risks.

A Feasibility Study on Joining "The Supplementary Fund Protocol" (2003 추가기금협약 가입에 대한 경제적 타당성 분석)

  • Cho, Dong-Oh;Mok, Jin-Yong;Baek, Kwang-Shik
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.15 no.3
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    • pp.213-216
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    • 2009
  • Since adopting 1969 CLC and 1971 FC, IMO increased maximum amount of compensation by adopting protocols of 1969 CLC and 1971 FC. Recently IMO adopted 2003 Supplementary Fund by which the compensation limits increased dramatically to 750 million SDR. Korea government has only entered 1992CLC/FC. However, since the Hebei Spirit incident in 2007, there have been strong claims that Korea government should enter 2003 Supplementary Fund. In this article, feasibility study was carried out to help Korea government decide whether or not entering the Convention. The quantitative analysis has been carried out using data of the past oil spill accidents and contribution fee to IOPC Fund and showed that the benefit was much bigger than costs. The qualitative analysis in relation to resources fix compensation to victims, benefits of consignee, and the status of Korea in IMO also showed that Korea should ratify the 2003 SF.

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A empirical study on the Employee's Workplace Satisfaction for Insurance Claim adjusting company (손해사정회사 종업원의 직장만족 결정요인 연구)

  • Kim, Jaetae;Yoo, kyungjin;Choi, Youngjin;Kim, Jongwon
    • Journal of the Society of Disaster Information
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    • v.11 no.2
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    • pp.245-252
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    • 2015
  • Employee's workplace satisfaction of claim adjusting company, who assesses the loss of catastrophe, have a direct influence on the loss evaluation job. Eventually their satisfaction would affect the compensation satisfaction of victims, therefore it is one of important factors for victims's compensation satisfaction. This paper analyzes empirically the determinants of employee's satisfaction to their firm for a claim adjusting company. As a result of the empirical research, it is found that the statistically significant determinant are the psychological factor, the organizational factor, and the individual factor. Among the significant factors, the psychological factor has the biggest positive factor. And the organizational factor and the individual factor is next with similar positive measurement. But the cognitive factor is not statistically significant. A claim adjusting company may use the research result for the improvement of employee's workplace satisfaction.

제조물책임법(製造物責任法) 도입(導入)의 경제적(經濟的) 효과(效果)와 입법방향(立法方向)

  • Sin, Gwang-Sik;Gu, Bon-Cheon
    • KDI Journal of Economic Policy
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    • v.18 no.3_4
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    • pp.3-61
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    • 1996
  • 소비자 보호 및 효율적 자원배분, 기업의 안전증진 유인제공, 제도의 국제적 조화를 위하여 제조물책임법(製造物責任法) 제정의 필요성이 제기되고 있다. 현재 제조물로 인한 사고는 민법(民法)에 의하여 보상받고 있으나 그 입증책임이 과중하고, 현재 우리나라 생산물배상책임보험(生産物賠償責任保險)이 전체 손해보험에서 차지하는 비중은 0.1%에 불과(미국 10%)하여 그 비용이 아직 미미하므로 제조물책임법제(製造物責任法制) 도입의 안전증진효과가 경제적 손실보다 클 것으로 예상된다. 법제정시의 기본방향은 소비자에게 단순히 보상을 제공하는 법제가 아닌, 기업의 책임과 제품결함이 밀접히 연관되어 배상(賠償) 및 사고억제(事故抑制)의 유인과 효과를 극대화하는 것이어야 한다. 추정규정의 도입은 소비자(消費者) 피해구제(被害救濟)를 용이하게 하지만, 디자인 및 경고결함(警告缺陷)과 결합되면 제조자가 제품사고의 모든 가능성에 대해 완벽한 정보를 가지지 않는 한 제조자의 책임이 되어 제조물책임(製造物責任)의 불확실성(不確實性)을 높이고, 결과적으로 기업에게 절대책임(絶對責任)을 부과하게 되어 제품개발과 혁신을 위축시키는 등의 부정적(否定的) 영향을 초래할 위험이 크다. 따라서 결함의 추정은 인정하지 않아야 하며, 제품개발 및 혁신을 도모하기 위해 개발위험항변(開發危險抗辯)은 인정되어야 한다. 손해배상액(損害賠償額) 상한(上限)을 두지 않는 것이 경제적으로 효율적이고 연대책임을 인정하여 유통업자의 안전제고유인(安全提高誘因)도 강화하는 것이 효과적이다. 중소기업을 포함한 모든 기업에게 입법후 1년 정도의 준비기간(準備期間)을 주는 것이 바람직할 듯하며, 배상책임보험(賠償責任保險)은 의무화하지 않는 것이 경제적으로 효율적이다. 기계, 전자, 운송용기기, 건설, 화학, 식 의약품, 가스제품, 완구, 운동용구 등이 영향을 크게 받을 것으로 예상되지만 법제이용(法制利用)의 편의가 개선되기 전에는 소송의 증가는 미미하리라 예상된다.

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