• 해양환경안전학회지
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• 제23권5호
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• pp.455-461
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• 2017

2007년 12월 7일 발생한 허베이 스피리트호 유류오염사고는 약 $12,547k{\ell}$의 원유를 유출하였으며, 한반도 서해안 약 370km의 오염을 발생시켰다. 이 사고는 우리나라에서 발생한 유류오염사고 중 최악의 유출사고로 기록되고 있으며, 해양 생태계와 인근 주민에 막대한 피해를 야기하였다. 사고 이후 10년 가까이 지난 현재 사고에 대한 보상과 복원이 진행되고 있으나, 사고의 영향이 완전히 해소되진 않고 있다. 본 연구에서는 허베이 스피리트 유류오염사고를 두가지 측면에서 분석하였다. 먼저 사고 당시의 기록에 근거하여 사고의 근본 원인을 분석하고, 사고의 재발 방지를 위한 법적 제도적 개선 방안을 제시하였다. 또한, 사고로 인한 피해 복구와 주민 피해 보상 과정을 검토하고, 피해 복구와 보상과정의 현황과 이로 인한 영향을 분석하였다. 특히 피해 복구와 보상과 관련해서는 손해배상의 수준, 법적 인정 사례, 피해 보상 영향 등을 검토하였으며, 이를 통해 사고의 피해와 복구 과정에서 나타난 사고 영향을 분석하였다. 아울러 이를 근거로 허베이 스피리트호 사고 피해와 복구의 사회경제적, 환경 생태학적 타당성을 포괄적으로 검토하였다.

• 해양환경안전학회지
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• 제11권1호
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• pp.61-70
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• 2005

해난사고에 의한 유류오염 피해가 발생할 경우 가장 큰 영향을 받는 분야는 해양 생태계 파괴에 따른 어업 피해라고 할 수 있는데, 지금까지 국내 유류오염사고에 대한 국제기금의 어업피해 보상율은 피해 청구액 대비 $20\%$내외로 인접국이나 유럽 국가에 비해 현저히 낮은 보상 수준에 머물고 있다. 이처럼 국제 기금의 피해 보상율이 낮은 이유는 국내 어업 여건상 국제기금에서 요구하는 오염 피해 입증 자료를 확보하기가 쉽지 않기 때문으로 향후에도 국내 어업의 여건이 획기적으로 변화하지 않을 경우, 현행 제도로는 현실적인 피해 보상이 실현되기가 어렵다는 것이 지금까지 유류오염사고 피해보상 결과에서 나타나고 있다. 본 연구는 최근 IMO에서 채택한 대형 유류오염사고에 대한 피해보상방안으로, 보상기준은 기존의 협약을 그대로 적용시키되 유류오염 피해보상한도 금액만을 크게 확대시킨 C8%협약 가입에 따른 실익을 파악하고자 지금까지 국내 유류오염사고에 대한 국제기금의 피해보상 실태와 최근 대법원의 판결로 최종 완료된 제5금동호 오염사고에 대한 피해보상 판결내용을 분석하여 유류오염피해 보상체제 보완의 필요성을 고찰하였다.

• Asia pacific journal of information systems
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• 제28권3호
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• pp.154-166
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• 2018

As the number of online privacy incidents are increasing, lawsuits related with personal information infringements have been also growing as well. However, there are large differences between a plaintiff and a defendant to determine the amount of payment for damages from the incident. After the verdict was made, a plaintiff is not satisfied with the amount of compensation, whereas a defendant usually tries to their best to reduce the payment amount. This is because the value for personal information are hardly assessed exactly. In addition, there is no criteria for calculating the price of the information itself. Since the development of information technology enables the firms could collect and use any piece of information to identify a particular individual, the range of personal information has been also broadening. Based on these phenomenon, this study tries to grouping the types of personal information and exploring the perceived value of types of information. Therefore, this study could provide a foundation for narrowing the gap of the value of personal information between the firm and the defendant. Through AHP (Analytic Hierarchy Process), this study finds out that people usually value more on biometrics information, medical records, and criminal records whereas weigh less for email address and date of birth.

• 의료법학
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• 제12권1호
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• pp.177-225
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• 2011

Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.

• 항공우주정책ㆍ법학회지
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• 제1권
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.