• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.73
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• pp.65-90
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• 2017

The rule of warranty in English insurance law was established in the second part of the $18^{th}$ century by Lord Mansfield, who laid the foundations of the modern English law of insurance contract and developed very different rule of insurance law, especially in the field of warranty. At the time of Lord Mansfield, warranty, that is, the promise given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed since the age of Lord Mansfield. English and Scottish Commissions proposed very dramatic reform of law in the field of warranty law to reflect the changes of legal environment through the Insurance Act 2016. This article intends to consider the legal implications through the comparative analysis between the new regime of warranty in the Insurance Act 2015 and MIA 1906. The major changes in the Insurance Act 2015 are summarized as following. First, Basis of the contract clauses in non-consumer insurance contracts should be of no effect and representations should not be capable of being converted into warranties by means of a policy term or statement on the proposal form. This requirement should not be capable of being avoided by the use of a contract term and the arrangement of contracting out by parties should be of no effect. Secondly, The existing remedy for breach of warranty, that is, automatic discharge of the insurer's liability, should be removed. Instead, the insurer's libility should be suspended from the point of breach of warranty and reattach if and when a breach of warranty has been remedies. Thirdly, A breach of warranty should genally be regarded as remedied where the insured ceases to be in breach of it. In the other hand, for time-specific warranties which apply at or by an ascertainable time, a breach should be regarded as remedies, if the risk to which the warranty relates later, becomes essentially the same as that originally contemplated by the parties. Fourthly, where a term of an insurance contract relates to a particular kind of loss, or loss at a particular location/time, the breach of that term should only give the remedy in relation to loss of that particular kind of loss, or at a particular location/time. Finally, whether a term of an insurance contrat relates to loss of a particular kind of at a particular location/time should be determined objectively, based on whether compliance with that ther would tend to reduce the risk of the occurrence of that category of loss.

• The Journal of the Korea Contents Association
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• v.16 no.11
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• pp.281-307
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• 2016

The goal of this study was to verify that effectiveness of transformational leadership in impacting work engagement with the psychological contract breach among members of the organization and organizational anomie as mediating factors. The mediating effect of psychological contract breach and organizational anomie on the relationship between transformational leadership and work engagement was explored using a theoretical approach based on Social Exchange Theory, Social Information Processing Model and Job Demands- Resources Model. To avoid common method bias, the dependent variable was surveyed using employee peer review. 277 surveys were collected from 18 companies in diverse industries including manufacturing, distribution, and finance. The results of the analysis showed that transformational leadership has a significant positive effect on employees' work engagement, while having a significant negative effect on psychological contract breach and organizational anomie. In addition, psychological contract breach and organizational anomie were found to act as partial mediators in the relationship between transformational leadership and employees' work engagement. Overall, this study showed that if leaders at organizations can assist employees to overcome negative factors such as psychological contract breach and organizational anomie through transformational leadership, it is possible to improve employees' work engagement.

• Proceedings of the Korean Nuclear Society Conference
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• 1997.05a
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• pp.184-189
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• 1997

A prompt fission gas release model incorporating the resistance to gas flow in the gap was developed and the effects of gap resistance and failure location on prompt fission gas release from the cladding breach were assessed. The process of prompt fission gas release from the plenum and gap into the coolant was modeled in accordance with three major phenomena: (1) transient gas flow in the gap, (2) the growth of the fission gas bubble while it is still attached to the breach, and (3) the detachment of the fission gas bubble from the breach and mixing with the coolant. The cumulative mass release fraction by the present model was calculated for the case of Young-Gwang 3 & 4 nuclear fuel rod as a typical example. The results showed that the release behavior of prompt fission gas with time was different from the frictionless model which has frequently been used in a simplified approach, and that the location of cladding failure was another key factor for the prompt fission gas release process due to the resistance in the gap.

• Journal of Korea Port Economic Association
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• v.19 no.1
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• pp.89-112
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• 2003

In this article, 1'd like to analyse the principal distinctions between the duty of disclosure and warranty which are based on the same legal principles, utmost good faith(uberrima fides). Although the duty of disclosure and warranty have a same legal principle to protect insurance contract, they have several difference in appliance actually. Through these comparative analysis, 1 want to reveal the character of warranty which is unfamiliar to us under our commercial law. Warranty has some peculiarity, these are (a)A warranty does not have to be material to the risk, (b)A warranty must be exactly complied with, (c)It is impossible to defence for a breach of warranty, the breach of warranty is irremediable, and A casual connection between breach and loss needs not be shone, (d)A breach of a warranty may be waived by insurer. Sometimes in Korea like those stringent principles of warranty make Korean's small fishing or shipping company suffer from difficult because of insistence of discharge from liability by insurer. So I expect that all of them acknowledge the character of warranty and can make them protect their insurance money by themselves.

• Journal of Korea Water Resources Association
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• v.44 no.6
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• pp.461-470
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• 2011

Abrupt and gradual levee breach analyses on the flat domain were implemented by laboratory experiments and numerical simulations. To avoid the reflective wave from the side wall the experiment was performed in a large domain surrounded by waterway. A numerical model was developed for solving the two-dimensional gradual levee breach flow. The results of the numerical simulation developed in this study showed good agreement with those of the experimental data. However, even if the numerical schemes effectively replicated the trends of the observed water depth for the first shock, there were little differences for the second shock. In addition, even though the model considered the Smagorinsky horizontal eddy viscosity, the location and height of the hydraulic jump in the numerical simulation were not fairly well agree with experimental measurements. This shows the shallow water equation solver has a limitation which does not exactly reproduce the energy dissipation from the hydraulic jump. Further study might be required, considering the energy dissipation due to the hydraulic jump or transition flow from reflective wave.

• Proceedings of the Korea Port Economic Association Conference
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• 2003.07a
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• pp.271-294
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• 2003

In this article, 1'd like to analyse the principal distinctions between the duty of disclosure and warranty which are based on the same legal principles, utmost good faith(uberrima fides). Although the duty of disclosure and warranty have a same legal principle to protect insurance contract, they have several difference in appliance actually. Through these comparative analysis, I want to reveal the character of warranty which is unfamiliar to us under our commercial law. Warranty has some peculiarity, these are (a)A warranty does not have to be material to the risk, (b)A warranty must be exactly complied with, (c)It is impossible to defence for a breach of warranty, the breach of warranty is irremediable, and A casual connection between breach and loss needs not be shone, (d)A breach of a warranty may be waived by insurer. Sometimes in Korea like those stringent principles of warranty make Korean's small fishing or shipping company suffer from difficult because of insistence of discharge from liability by insurer. So I expect that all of them acknowledge the character of warranty and can make them protect their insurance money by themselves.

• Korea Trade Review
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• v.45 no.3
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• pp.133-146
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• 2020

In the UK's the insurance law 2015, a remedy for breach of warranty in marine insurance was introduced. Also, if the insured proves that breach of warranty in marine insurance does not affect damages, the insurer pays the insurance money to the insured. The UK's marine insurance law has served as the governing law that has been the standard for the marine insurance industry for a long time. Korea and China were heavily influenced by the UK maritime insurance law. Therefore, this study analyzed the cases of breach of warranty in marine insurance in Korea and China. Through this, the insurer avoid the insurance contract for an accident that occurred after the breach of warranty. this result will be different under the new revised insurance law system. With the revision to The Insurance Act 2015, one of the biggest change in the insurance system is that it is possible to remedy of the violations of warranty. However, such a revision of the law requires considerable attention as it also changes the interpretation and judgment of the courts. Accordingly, a practical response of the insurance industry is required. It is necessary to prepare for possible disputes in practice.

• Journal of Korean Society of Water and Wastewater
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• v.28 no.2
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• pp.171-179
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• 2014

In this study, a novel method was proposed to test the integrity of water treatment system specifically equipped with membrane filtration process. We applied the silica particles coated with a fluorescent agent (rhodamine B isothiocyanate) as a surrogate to detect a membrane process integrity and evaluate the reliability of effluent quality in the system. Additionally, a series of experiments was conducted to evaluate the sensitivity of the method through the laboratory scale experiment. The laboratory scale experiments showed that the feasibility of application of proposed method to detect a breach or damaged part on the membrane surface. However, the sensitivity on predicting the area of a breach was significantly influenced by the testing conditions such as a concentration of surrogate, filtration flux, and detection time. The lowest error of predicting the area of breach was 3.5% at the testing condition of surrogate concentration of 80 mg/L injected with flux of $20L/m^2/hr$ for 10 minutes of detection time for the breach having the actual area of $7.069mm^2$. However, the error of estimation was increased at the small breach with area less than $0.785mm^2$. A future study will be conducted to estimate a damaged area with more accuracy and precision.

• Journal of Korean Neurosurgical Society
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• v.63 no.6
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• pp.777-783
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• 2020

Objective : To compare the accuracy and breach rates of freehand (FH) versus navigated (NV) pedicle screws in the thoracic and lumbar spine in patients with metastatic spinal tumors. Methods : A retrospective review of adult patients who underwent pedicle screw fixation in the thoracic or lumbar spine for metastatic spinal tumors between 2012 and 2018 was conducted. Breaches were assessed based on the Gertzbein and Robbins classification and only screws placed >4 mm outside of the pedicle wall (lateral or medial) were considered breached. Results : A total of 62 patients received 547 pedicle screws (average 8 per patient) - 34 patients received 298 pedicle screws in the FH group and 28 patients received 249 screws in the NV group. There were 40/547 breaches, corresponding to a breach and accuracy rate of 7.3% and 92.7%, respectively. The breach rate was 9.7% in the FH group and 4.4% in the NV group (chi-squared test, p=0.017); this corresponded to an accuracy rate of 90.3% and 95.6%, respectively. Only one patient from the overall cohort (in the FH group) required revision surgery due to a medial breach abutting the spinal cord (1.6% of all patients; 2.9% of FH patients); no patient suffered organ, vessel, or neurological injury from screw breaches. Conclusion : Navigated pedicle screw placement in patients with metastatic spinal tumors has a significantly higher radiographic accuracy compared to the FH technique. However, the revision surgery was low and no patient suffered from clinically-relevant breach. Navigation also offers the advantage of real-time localization of spinal tumors and aids in targeting and resection of these lesions.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.28 no.1
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• pp.199-213
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• 2018

Since 2008, large-scale personal information breach incidents have occurred frequently. Even though national education, policy, and laws have been enacted and implemented to resolve the issue, personal information breaches still occur. Currently, individuals cannot confirm detailed information about what personal information has been affected, and they cannot respond to the breaches. Therefore, it is desirable to develop various methods for preventing and responding to personal information infringement caused by breach and leakage incidents and move to privacy protection behaviors. The purpose of this study is to create understanding of personal information security and information breach, to present services that can prevent breaches of personal information, to investigate the necessity of and analyze the potential public demand for such services, and to provide direction for future privacy-related information services.