• Information Systems Review
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• v.7 no.1
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• pp.275-295
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• 2005

Changes in business environment caused by globalization of the world economy and the beginning of the knowledge society forced hospitals to equip with tools for the enhanced competitiveness. In other words, hospitals must aim three targets such as acquisition of advanced medical skills and equipments, improvement of service level for patients, and achievement of superior managerial performance simultaneously. This study has been done to suggest a way to reduce the possibility of hospital bill claim reduction as an alternative for the achievement of superior managerial performance. If the reduction rate of hospital bill claim is high, it will put negative impact on the hospital's revenue stream and hospital's reliability. Thus, if they want to stay competitive, hospitals need to device ways to cut the reduction rate as much as possible. In this study, a prototype system has been developed and implemented to check the possibility to cut the reduction rate through deep analysis of causes of reduction. The prototype first developed utilizing data mining techniques and the relation rules algorithm. Then the prototype was tested its performance using the D hospital's live data.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.51-70
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• 2015

The Rotterdam Rules are not phrased in favour of FOB seller's legal status. Whether it will be wise under the Rotterdam Rules to trade on the basis of cash against M/R largely depends on the interpretation of various provisions of the Rotterdam Rules. To protect his interests the M/R holder and his assigns must have a right of delivery of the cargo at the port of destination. The M/R holder and his assigns must be entitled to the bill of lading or at least be able to prevent the carrier from issuing the bill of lading to the shipper. Besides, any additional right of instruction on the part of the shipper must be blocked. Article 35 of the Rules entitles only the shipper to the bill of lading while 47 entitles only the holder of the bill of lading to delivery. When no bill of lading has been issued Article 45 grants to the shipper a right of instruction whereby the shipper is allowed to advise the carrier as to the name and the address of the consignee. I have suggested that by lack of a specific provision to the contrary the Rotterdam Rules have to be considered to be embedded in the system of law as a whole. From the Common Law it follows that a M/R holder, as owner of the cargo, can ask for delivery of the cargo. As owner of the cargo a M/R holder can also claim the bill of lading, if he does so in time, because it must be implied in the contract of carriage that the carrier must deliver the bill of lading to the owner of the goods. It is for the same reason that a M/R holder can prevent the carrier from issuing the bill of lading to any third party but the M/R holder and from taking instructions from the shipper as to name and address of a consignee other than the M/R holder.

• International Commerce and Information Review
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• v.8 no.4
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• pp.147-156
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• 2006

In all cargo cases one of the first things the person handling the claim must do is decide who is potentially liable as a carrier of the goods. This issue arises because bills of lading often do not identify the carrier. The "carrier" could be the shipowner or the charterer or both. The issue of the identity of the "carrier" is a question of fact. The question to ask in each case is who undertook or agreed to carry and deliver the goods. The answer to this question will largely depend on the facts. The shipowner is almost always liable as a carrier under Common law provided there is no demise charter of the ship. The more recent case law, however, suggests that in the usual situation both the charterer and shipowner will be liable. Accordingly, both the owner and charterer should be put on notice of any claim and, in the event an extension of suit time is required, the extension should be obtained from both. An alternative method by which the charterer can avoid liability is to insert and 'Identity of Carrier' clause in the bill of lading.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.137-157
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• 2002

The clauses of bill of lading(B/L) consist of the terms of contract for the carriage of goods by sea because of clauses of B/L by the mutual agreement of contracting parties. There are some exempted cause of deviation clause in B/L for specific reasons. Then deviation clauses are influenced by Rules of international carriage of goods by sea, because the international rules become the governing law of contract for the carriage of goods by sea. The problem of deviation clauses in B/L is stipulated as follows. "It shall be prerequisite to the Merchant' claim for damages on account of deviation that the merchant's insurance shall first have been cancelled on account of alleged deviation. No deviation shall oust the right to limit liability or damages, and the Carrier shall always be entitled to the full benefit of all privileges, rights and immunities contained in this Bill of Lading and incorporated tariffs." This stipulation should be adjusted according to the confirmed cases, otherwise it will be invalid according to the Hague Rules and Hamburg rules. The sphere of a reasonable deviation in the deviation clause should be interpreted in the connection with the designed voyage and the commercial object of contract for the carriage of goods by sea and the deviation become valid unless the policy, the general object of international rules or the true intention of contracting parties has violated.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.29-46
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• 2007

The fraud exception rule allows for the issuing bank to dishonor the claim if it the documents and transactions bear fraud though the documents presented are complied with the terms and conditions of the letter of credit. A question arises whether the fraud exception rule can apply to innocent beneficiary when fraud is made by 3rd party. United City Merchants v. Royal Bank of Canada showed a good example how to handle in case of innocent beneficiary. At this case House of Lord found that innocent beneficiary deserves payment applying nullity exception rule. I believe that the nullity exception rule is employed for the benefit of innocent beneficiary as far as the issuer and applicant get no actual damage by the 3rd party's fraudulent action which is shown on documents.

• 한국IT서비스학회:학술대회논문집
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• 2009.05a
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• pp.357-360
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• 2009

본 연구는 데이터마이닝 기법을 이용하여 건강보험청구료에 있어서 이상정도가 심한 요양기관을 탐지하고, 실제 의료영역에 적용하기 위한 시스템 개발을 목적으로 한다. 현재 건강보험 심사평가원의 이상탐지시스템은 평가대상이 되는 항목을 개별적으로 평가하고, 탐지된 기관의 선정 이유에 대한 근거제시가 부족한 단점을 가지고 있다. 따라서 본 연구에서는 항목을 종합적으로 평가할 수 있는 정량적 지표를 설계하고, 항목들의 상대적 중요도를 파악할 수 있도록 항목들에 대한 가중치 부여한다. 또한 지표에서 얻어진 값으로 등급을 구분하고, 의사결정나무기법(decision tree)를 이용하여 해석력을 높이는 방법을 제시한다.

• The Journal of Industrial Distribution & Business
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• v.8 no.6
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• pp.25-31
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• 2017

Purpose - This study examines car accidents that occurred in South Korea territory, and analyzes criminal liability of the offender and certain issues of driver's insurance, but a civil liability to the injured is excluded as civil liability belongs to auto insurance. Research design, data, and methodology - With carrying out this research, case study of driver's liability and literature review were adopted throughout. For this, car accidents that occurred in South Korean territory were examined and then criminal liability of the offender and certain issues of driver's insurance were analyzed. Results - From this case study on driver's liability it was found that the offender cannot receive insurance money from the insurer irrespective of the valid drive insurance, if there is no 'bill of agreement of criminal consensus'. This study suggests some ideas, offers suggestions of convenience and assistance of qualified claim staff to overcome a hurdle of drive insurance. Conclusions - As long as the accident is not a fraud and scam by the parties concerned, advance payment of agreement of criminal consensus is required to the insured, the policy holder within the limit of liability of driver insurance, on condition that the drive insurance is valid.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.6
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• pp.596-608
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• 2017

In 2002, the government arranged an institutional strategy to make it possible for a consumers to make a claim for damages caused by product defects against a business that produces and sells a product by enforcing the Product Liability Law(hereinafter referred to as 'PL'). On the other hand, due to the recent humidifier sterilizer accident, approximately 12 cases of related bills, such as a revised bill for the product liability law, have been proposed to the National Assembly at present in an effort to introduce the group action system and punitive compensation system for the purpose of the strengthening of the corporate product liability, and consumer damage relief. Ironically, as much as 62.6% of small & medium businesses, which are actual interested parties to this bill, are unaware of this. Many companies are responding to PL with the rationalization of document preparation & storage, clarification of responsibility relations with related business operators, and PL insurance policy purchase, or securing compensation funds as a means of Product Liability Defense(PLD), but the methods of preparation such as this leave much room for limits on the considerations of product design and product safety. This paper presents the individual management system model with more focus on product safety by looking into the clear concept of PL and the countermeasures against it, grasping the relevance between the PL system and individual management system, and integrating the PL response system in preparation for the PL. It is hoped that the result of this research objective will be evaluated as a rational countermeasure for small & medium businesses to respond effectively to the PL.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.103-132
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• 2009

In international sales of goods, the buyer must pay the price for the goods as required by the contract and CISG, The buyer's this obligation includes taking such steps and complying with such formalities as may be required under the contract, which includes providing the seller with relevant letter of credit through the issuing bank. Where the parties have not stipulated the time limit within which the credit should be opened, but there is an agreed date or period for shipment, the time limit for the L/C opening should be calculated back from the agreed date of shipment or the first date of shipment, while, in addition, the buyer should open the L/C sufficiently earlier than the shipment date in order for the seller to be able to know the L/C's opening before beginning to ship the goods. The L/C provided the buyer should conform to the contract of sale. Therefore, for example, when an unconfirmed L/C is provided violating the agreement or the L/C opened states that, under a FOB contract, a "freght prepaid" bill of lading shall be presented as a required document of the L/C, the buyer has failed to perform his obligation. If the buyer fails to perform his obligations to provide the letter of credit, the seller may require the buyer to perform that obligation; may fix an additional period of time of reasonable length for performance of the obligation; or, the seller may declare the contract avoided, if the failure amounts to a fundamental breach of contract, or if the buyer does not, within the additional period of time fixed by the seller, perform the obligation; and the seller claim damages. However, when a relevant L/C has been issued for the seller, as a rule, he cannot ask directly for the buyer to pay the price before avail himself of the L/C first.

• Journal of Preventive Medicine and Public Health
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• v.26 no.4 s.44
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• pp.614-627
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• 1993

It is well known that a physician's personal characteristic affects his practice pattern. Furthermore, a physician's specialty has powerful influences on his practice pattern. However, despite the fact that specialization has received the most attention for its influence on physician's service behavior, few studies have been conducted on the variations of contents and volume of physician's services. This study has intended to identify factors influencing the practice variations according to various physician characteristics. There are some other evidences that medical care providers are different in using of health services and resources in Korea. Four physician characteristics were selected for the analysis, two demographical factors, age and sex, and two practice factors, place of practice and medical specialty. Also, three indicators of service amount (total amount of insurance claim bill, number of visits per case, number of prescriptions per case) were selected. From the pool of insurance claims for ambulatory care received by the Korean National Federation of Medical Insurance(NFMI), 84,898 cases were randomly sampled. In the meantime using physician database of NFMI, 613 general practitioners (GP), 107 regular family physicians (FP), 483 'grandfather' family physicians(GFP), and 1,157 specialist practitioners(SP) were randomly sampled. Their different practice contents were compared concerning the specialty, age groups, sex, and practice sites (urban-rural) Specialist physicians tend to provide more costly care than do generalists. General practitioners and family physicians usually make fewer following visits and prescriptions. Age is also the important factor in determining the amount of services, which is highest at the physician's age group of 40's. Female doctors and urban practitioners use much more resources than their counterparts respectively. Research findings suggest that physician's characteristics particularly the specialty can affect practice patterns and resource utilizations. Other characteristics such as age and sex are not controllable but physician's specialty is relatively easily controllable during the entire phases of policy implementation. This is all the more true in the individual's initial decision of his specialty. Specialization therefore should receive policymaker's attention for its potential influence on medical care utilization and health care expenditure.