• Title/Summary/Keyword: Compensation of Damage

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Visual and Physiological Characteristic Changes of Five Tree Species Exposed to SO2

  • Kwon, Ki-Won;Choi, Jeong-Ho;Woo, Su-Young;Lee, Jae-Cheon;Lee, Jeong Ho
    • Journal of Korean Society of Forest Science
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    • v.95 no.2
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    • pp.216-219
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    • 2006
  • After long exposure to low-density $SO_2$ the five tree species showed different changes in their visible damage: Ailanthus altissima showed no visible damage; Acanthopanax sessiliflorus, Populus alba ${\times}$ Populus glandulosa, and Platanus orientalis showed typical damage of yellow spots on their leaves; and Liriodendron tulipifera showed serious damage on the end of leaf tip. The photosynthesis rate of Liriodendron tulipifera and Acanthopanax sessiliflorus was usually lower than the control group: Ailanthus altissima, Populus alba ${\times}$ Populus glandulosa, and Platanus orientalis showed no difference from the control group, while Acanthopanax sessiliflorus and Liriodendron tulipifera showed large changes. In regard to the light compensation points, Ailanthus altissima showed similar values, Populus alba ${\times}$ Populus glandulosa and Platanus orientalis exposed to $SO_2$, showed 3 to $5{\mu}mol{\cdot}m^{-2}{\cdot}s^{-1}$ higher values than the control group, and Acanthopanax sessiliflorus and Liriodendron tulipifera exposed to $SO_2$ showed approximately twice higher light compensation points.

A Study on the Analysis of Disaster Type for School Facilities and the Application Propriety of In-kind Compensation (학교 시설물의 재난유형 분석 및 현물보상 적용에 관한 연구)

  • Lee, Byoung Ho;Oh, Tae Keun;Cho, Sung Woo
    • Journal of the Korean Society of Safety
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    • v.33 no.5
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    • pp.177-185
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    • 2018
  • The school space is a place for learning activities and community activities, and it is used as a shelter for various disasters. Recently, the frequency and magnitude of damages of school facilities due to various disasters are increasing, and similar accidents occur repeatedly every year, causing enormous damage to school classes. Furthermore, damage to school facilities will require considerable time and safety confirmation measures to restore disaster and normalize the class. In this regards, based on the questionnaire survey on the difficulties and improvement measures of the disaster recovery work of the school safety manager, we propose the application of in-kind compensation for damage to school facilities to ensure rapid disaster recovery, simplification of administrative procedures, and quality of restoration work.

Alternative Policy and Actual State on Compensation for Fisheries Damage by Oil Pollution (유류 오염에 의한 어업피해 보상 실태와 대응 방안)

  • Jang, Duck-Jong
    • 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.

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A Study on Damage caused by Space Activity (우주활동으로 인한 손해배상에 관한 법적 고찰)

  • Cho, Hong-Je;Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.103-122
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    • 2012
  • Nowadays, advanced countries and international community in which provide many services and profits due to rapid progress space science and technology whereas there is rising possibility of damage by collision of space object and increase of space debris. I will propose the concept and range of damage in the basis of review of space treaty and space liability convention as form of international order to fair and complete compensate to victim of accident and hazardous space activity. And, I will try to discuss possibility of compensation on personal damage and mental damage, scope of material damage, possibility of compensation about environmental contamination, issue of satellite data sending, place of damage, and so on. Also, I would like to propose establishment of space tribunal and regional cooperative agency.

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A Study of Major Issues in the Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc. (의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률(안)의 주요 쟁점에 관한 고찰)

  • Park, Joon-Su
    • The Korean Journal of Health Service Management
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    • v.4 no.2
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    • pp.107-117
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    • 2010
  • In this paper, the researcher looked into major issues in the "Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc." which was proposed by the Health & Welfare Committee, the National Assembly of the Republic of Korea, and which was pending with the Legislation & Judiciary Committee. Then the researcher pointed out worrisome problems therein and presented suggestion" to improve problematic situations. First of all, the researcher examined the following items which are major points in the aforementioned Act: 1) Establishment of Korea Medical Dispute Mediation and Arbitration Center, 2) Procedures for mediation and arbitration of medical disputes, 3) Establishment of Medical Injury Compensation Association, 4) Introduction of proxy payment for damages, 5) Compensation for no-fault medical accidents, 6) A system concerned with special cases on criminal punishment. Next, the researcher closely reviewed the following possible issues: 1) Limit of arbitrary mediation, 2) Postponement of the system concerned with special case on criminal punishment, 3) Examination of reasons for rejection, 4) Function and role of the Appraisal department, 5) A possibility of being reduced to an evidence collection procedure for lawsuit, 6) A possibility of no-fault compensation rather than injury compensation, 7) Operational issues related proxy payment for damages. Lastly, the researcher presented suggestions on how to improve each problematic issue.

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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Temperature Effect on Impedance-based Damage Monitoring of Steel-Bolt Connection using Wireless Impedance Sensor Node (무선 임피던스 센서노드를 이용한 강-볼트 접합부의 임피던스기반 손상모니터링에 미치는 온도 영향)

  • Hong, Dong-Soo;Kim, Jeong-Tae
    • Journal of Ocean Engineering and Technology
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    • v.26 no.1
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    • pp.27-33
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    • 2012
  • This paper presents the effect of temperature on the impedance-based damage monitoring of steel-bolt connections using wireless impedance sensor nodes. In order to achieve the objective, the following approaches are implemented. First, a temperature-compensated damage monitoring scheme that includes a temperature compensation model and damage detection method is described. The temperature compensation model is designed by analyzing the linear regressions between the temperatures and impedance signatures. The correlation coefficient of the impedance signatures is selected as the damage index to monitor the damage occurrence in the target structures. Second, a wireless impedance sensor node is described for the design of the hardware components and embedded software. Finally, the performance of the temperature-compensated impedance-based damage monitoring scheme is evaluated for detecting a loose bolt in the steel-bolt connections on a lab-scale steel girder under various temperatures.

Estimating Economic Loss due to Wildlife Damage to Agriculture and Forestry Production Near Protected Areas: Case of Mountain Villages in Gurye-gun, Korea (보호지역 인근 야생동물에 의한 농작물과 임산물 피해액 추정: 구례군 6개 산촌마을의 사례)

  • Park, So-Hee;YOUN, Yeo-Chang
    • Journal of Korean Society of Forest Science
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    • v.108 no.4
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    • pp.618-627
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    • 2019
  • An increase in damage to crops and facilities caused by wildlife such as wild boar causes serious social and economic problems to the rural economy in Korea. This study aims to estimate the economic losses incurred to rural households in mountain villages near protected areas in Korea due to the damage to agricultural and forestry production by wildlife. The case of mountain villages located in Toji-myeon, Gurye-gun near the Jirisan National Park was studied as an example. Data were collected by interviewing 84 households across six mountain villages in April and June 2016. The results indicate that the economic losses due to wildlife damage in 2015 were estimated to be 1.65 million KRW per household, which is a total of 138.63 million KRW for the 84 households. Among local products, the most damaged products were chestnut, fern-brake, wild pear, peach, and potato, whereas the most damaged products per production area were sweet potato, peach, corn, and potato. The potential economic losses caused by wildlife damage to agricultural and forestry production in whole Gurye-gun area was estimated to be around 4.0 billion KRW in 2015. However, the municipal government budget for the compensation of wildlife damage was only 0.9 percent of the potential rural economic losses caused by wildlife damage in 2015. The results of our study suggest that the compensation scheme for wildlife damage is inadequate in the respect of social justice. Considering the low financial capacity of the municipalities in mountain areas, the central government should take a progressive responsibility by allocating more financial resources for compensation of economic losses of rural households due to wildlife damage. The equitable and effective governance of wildlife conservation is required for sustainable development of rural communities near protected areas.

A Comparative Study on International Compensation System for Marine Environment Damage (해양환경손해 국제배상제도에 관한 비교연구)

  • Cho, Dong-Oh
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.8 no.2
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    • pp.29-37
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    • 2002
  • Since the case of ″Ohio u. The United States, Department of the Interior″, claims for marine environment damage caused by oil pollution have been Increased in the United States. Also European countries have suggested in the Executive Committee of 10pc Fund that 10pc Fund should accept claims for marine environment and several claims for marine environment damage were made to 10pc Fund, but all of which were rejected. In this study, compensation system for marine environment damage caused by oil pollution in the United States and the 10pc Fund were comparatively analyzed and several policy recommendations were suggested.

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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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