• Journal of the Korea Institute of Building Construction
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• v.13 no.2
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• pp.102-111
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• 2013

During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

• Korea Trade Review
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• v.43 no.4
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• pp.51-68
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• 2018

This study examined the scope of damages resulting from types of loss under the CISG and the PICC(2016). The CISG and PICC stipulate the rights of aggrieved parties to recover losses under the full compensation principle, but the PICC features more specific provisions regarding damages compared to the CISG. Therefore the PICC might provide practical insight resolving problems concerning damages under the CISG. There are direct and incidental losses, consequential losses, lost profit, and loss of chance that can be claimed by aggrieved parties under the CISG or the PICC but the scope of claimable losses differs by cases. For example, even though there are no specific clauses in the CISG or the PICC, some losses might include based on the requisite of damage under CISG or PICC. Therefore, it is important to know standards in which losses are covered by these agreements. In conclusion, related parties who engage in international trade should understand the requisite and limitation of damages, and need to clearly define specific losses that might not be governed under the CISG or the PICC.

• The Journal of Fisheries Business Administration
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• v.22 no.2
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• pp.53-74
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• 1991

Interest on ocean environment has increased with the development of industrialized activities. Public marine resorces are defined broadly to include fish stocks, beaches, marine waters, recreational fishing, biota, waterfowls, shorebirds, seabirds and marine mammals But, it is not easy to analyze compensation for injury to publicly owned marine resources because the claimants do not exist clearly and the economic methodology of damage on public goods is not developed fully. This paper introduces basic idea of welfare economic theory and environmental legislation to the research question : How the economics and law can be applied to the case of damage on publicly owned marine resource. The paper discusses the concepts of willingness to pay (WTP) and willingness to accept (WTA). It is accepted generally that WTA is correct concept of welfare change in the case of damaged public goods. Four methods (compensating variation, equivalent variation, compensating surplus, equivalent surplus of measuring welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes caused by environmental damage. Vartia (1983) showed CV could be measured from the ordinary demand function using the differential equations. This paper also provides an overview of the emerging U.S. and Korea legal system for compensation for natural resource damages, with particular emphasis on U.S. legal system under Comprehensive Environmen-tal Response Compensation and Liability Act (CERCLA). These regulations are to include two different types of standardized procedures for assessing natural resources injury : Type A or simplified assessment techniques for small releases ; and Type B protocols that would include detailed and extensive assessment methodologies for major releases. Type A procedures are specified by Natural Resources Damage Assessment Model for Coastal and Marine Environment (NRDAM/CME) of the U.S. CERCLA provides a legal 'legitimization for the use of economic-based nonmarket valuation in the courts and have introduced appropriate and accurate nonmarket valuation methods based on willingness to-pay for damage assessment. By briefly reviewing economic theory and environmental legislation, we hope to help provide a better understanding of the compensation process and the economics of publicly owned marine resources in the U.S. and to integrate the economics and law of natural resources valuation into a single comprehensive package in Korea.

• Environmental and Resource Economics Review
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• v.22 no.3
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• pp.411-435
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• 2013

Since catastrophe from explosion of Hukushima nuclear power plant, concerns over possibility of exposure to radioactive matter has been disseminating all over the world and frequent accidents of domestic nuclear power plants also has been amplifying throughout the nation. In the past, major focus was made on compensation for local residents who live nearby nuclear power plants, but focal point of this study is on wage premium of workers who are employed in R&D of nuclear power plants. It is difficult to derive socially desirable result if private sectors are responsible for compensation on workers who suffer from physical damages due to the exposure to radioactive matter. Because victims should verify the damages that occur in the working places. This study conducted a survey on which job would prefer the respondents who are engaged with the nuclear R&D projects as exposure levels to radioactive matter, security of job, location of firms, and work intensity differ. As a result, exposure to radioactive matter was the most important attribute in choosing alternative jobs followed by job security, work intensity and job location. Annual willingness to pay for reduction of exposure to radioactive matter was estimated as 7730~7770 thousand KRW depending on different econometric models. Therefore, Korean government should prepare institutional foundation in order that appropriate compensation should be made on workers who are engaged in R&D projects on nuclear power plants if they have damages from the exposure to radioactive matter.

• The Journal of Fisheries Business Administration
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• v.45 no.1
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• pp.1-16
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• 2014

The study attempts to show that the theory of critical environmental variation quantum(CEVQ) has a sound logical basis and empirical support. It is well known that the theory of critical environmental variation quantum is derived from the theory of biological probability distibution function and the central limit theorem(CLT) in statistics. The study uses the case study of fisheries damages compensation caused br the public marine construction undertaken in the area do Anjeong Bay in the city of Tongyeong for empirical test of theory of CEVQ. The results shows that the CEVQ theory perfoms a good job in measuring quantatively fjsheries damages caused by outflow of cold water due to the operation of LNG company since 2002. Therefore the study proves that the CEVQ theory is a good theory having internal consistency and empirical applicability.

• International Commerce and Information Review
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• v.17 no.2
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• pp.173-197
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• 2015

The development of IT expanded the scale of e-commerce, and grew large Internet shopping malls. As having raised the consumers' interest in overseas direct purchase(ODP) recently, the number and purchasing amount of ODP are constantly increasing. However, consumers need to pay attention to the potential problems which might happen by consumer's damage and conflict, as increasing the consumption through ODP. Because consumer's damages on utilizing ODP happen to the reason such as the trust problem between business and consumer due to the way which traded non face to face, non-compliance of goods delivery, returns, and refunds, and information asymmetry of items, a large number of consumer's damages in a wide range are much more likely to occur nowadays. The purpose of this study is to analyze the current state of ODP, and propose consumer damage's reduction and policy of the government through pre or post scheme for consumer damage's relief and consumer protection. As the compensation for consumer damages is actually inadequate, this study proposed a feasible alternative to the adoption of e-commerce insurance for both aggressive compensation and protection for consumer's damages and risk transfer and sustainable development of e-commerce.

• Structural Engineering and Mechanics
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• v.58 no.6
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• pp.1127-1143
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• 2016

The pounding phenomenon in adjacent structures happens in severing earthquakes that can cause great damages. Connecting neighboring structures with active and semi-active control devices is an effective method to avoid mutual colliding between neighboring buildings. One of the most important issues in control systems is applying online control force. There will be a time delay if the prose of producing control force does not perform on time. This paper proposed a time-delay compensation method in coupled structures control, with semi-active Magnetorheological (MR) damper. This method based on Newmark's integration is adopted to mitigate the time-delay effect. In this study, Lyapunov's direct approach is employed to compute demanded voltage for MR dampers. Using Lyapunov's direct algorithm guarantees the system stability to design a controller based on feedback. Because of the strong nonlinearity of MR dampers, the equation of motion of coupled structures becomes an involved equation, and it is impossible to solve it with the common time step methods. In present paper modified Newmark-Beta integration based on the instantaneous optimal control algorithm, used to solve the involved equation. In this method, the response of a coupled system estimated base on optimal control force. Two MDOF structures with different degrees of freedom are finally considered as a numeric example. The numerical results show, the Newmark compensation is an efficient method to decrease the negative effect of time delay in coupled systems; furthermore, instantaneous optimal control algorithm can estimate the response of structures suitable.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2001.11a
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• pp.93-98
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• 2001

If the construction delays are occurred during the project execution, the contractual parties should inquire the delay causes and the contractual obligation. Due to the compensation of damages, the interested parties and the contractual parties are placed on the adverse situation. For reasonable of the claim and dispute, the contractual parties are needed the objective and systematic procedure method to analyze the delay. The purpose of this study is to propose a formal process model considering the case of construction delay-claims.

• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.1 s.22
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• pp.61-70
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• 2005

The most likely influenced by the oil pollution at the sea is the fisheries industry, because if the destruction if the marine ecological system The rate if compensation for damage from IOPC Fund due to the incident if oil pollution is more or less $20\%$, which is remarkably lower than those cf our adjacent nations or European nations. The reason such a low rate cf compensation is that it is not easy to take evidences if changed caused by oil pollution requested by IOPC Fund due to the environments if our fisheries. Therefore unless the environments if our fisheries is changed completely, it is very difficult to get actual compensation for damages under the existing system, considering the results if the oil pollution damage compensation claim cases up to now. In this study tried to identify the actual benefits of 03FC convention that raises the upper limit if the compensation while keeping the criterion for compensation And proposed to supplement the compensation system of damage caused by oil pollution with analyzing the actual status if compensation from. IOPC Fund for the our oil pollution incidents and the judgment if Supreme Court on the case if oil. pollution acident in Keumdong No.5.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.139-163
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• 2008

The Collective Dispute Mediation was introduced to Korea with complement the Verbandsklage which was said to be poor at monetary compensation for consumers' damages. and The Collective Dispute Mediation also seems very likely to the class action, but one can resolve the dispute before filing a law suit under the Collective Dispute Mediation. The validity of the Collective Dispute Mediation is the same as the "settlement in court". After reaching the Collective Dispute Mediation, one may have a right to ask the compulsory execution. Under the Collective Dispute Mediation the damaged party must take part directly in the dispute, because the Collective Dispute Mediation is also included in the dispute resolution. Therefore a problem that how can the damaged consumer, who do not directly take part in the dispute process, get the remedy alternatively may arise. However, this problem is solved by Compensation Plan Letter which is described in the "Framework Act on Consumer". By the Compensation Plan Letter, the person who do not directly take part in the dispute process can be remedied ex post facto(Article 68). This thesis is study on The Function and Task of Collective Dispute Mediation in the Framework Act on Consumer in our state.