• Title/Summary/Keyword: Compensation of Damage

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Some Consideration on the Study of ICAO for the Rome Convention Amendment and the Necessity of Domestic Legislation (로마조약의 개정과 국내입법의 필요성에 관한 소고)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.3-32
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    • 2008
  • In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

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A Study on the Appropriate Estimation Method of Oil Pollution Damage for Mariculture Fisheries (유류오염에 의한 양식생물의 적정피해사정방안에 관한 연구)

  • Kang, Young-Joo;Kim, Ki-Soo
    • The Journal of Fisheries Business Administration
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    • v.42 no.1
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    • pp.19-35
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    • 2011
  • This paper tries to show the appropriate estimation method of oil pollution damage for mariculture fisheries. The International Oil Pollution Fund 1992(also known as the IOPC Fund 1992) has made up the Claims Manual to assist claimants by giving a general overview of the Fund's obligation to pay compensation. Section III of the Manual provides more specific information to assist claimants in presenting their claims concerning about economic losses in the fisheries, mariculture and fish processing sectors. The paper tries to suggest reform proposals for current etimation method of damages of maricluture fisheries contaminated by oil spillover using the population biology of living resources charaterized with age distribution.

Changes and Challenges in the Concept of Industrial Accident Insurance in Korea (산업재해 인정 형태 변화와 보상체계 합리화 연구)

  • Kim, Jin-Soo;Ra, Ji-Hun;Lee, Seong-Young
    • Korean Journal of Social Welfare
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    • v.59 no.3
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    • pp.59-73
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    • 2007
  • The compensation system in industrial accident insurance is systemized with "either receiving all or no benefits at all" according to "admited or denied as an industrial accident". Therefore, they are centered on the decision as "industrial accident" or "non-industrial accident", but judging between the two is very complicated, and has inherent conflicting factors. In the early stage of industrialization, industrial accident compensation was based on the indemnity liability for employer's faults. In order to be compensated any damage, the injured worker should prove that the accident was not due to his or her faults. However it was very difficult for injured worker or his or her family to prove the employer's faults, so it was almost impossible to get compensation. Thereafter industrialization progress and improvement of workers' political status lead to conversion from principle of liability with employer's faults to principle of liability without employer's faults. In addition to that, coverage of industrial accident compensation was also expanded. This improvement strengthened the benefit payment principle of "All or Nothing". Even though the "All or Nothing" principle provokes tremendous criticism, the reason why it's difficult for industrialized countries to adopt partial compensation system, is that partial compensation system worsens the administrative hardship, therefore industrialized countries overcome the restrictions of the "All or Nothing" principle with making balance in provisions for any risk to some extent. However, in Korea because the general compensation system for covering medical cost and income loss from accidents, is not equipped, it could be possible to cause acute conflicts with regard to coverage of industrial accidents. Therefore it is required to improve the industrial accident insurance with the acceptance of the significance and logic of discriminated compensation, and create the integrated compensation system in the long run.

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A Study on the Improvement of Compensation Regime for Oil Pollution Accident in Korea (유류오염사고 피해보상제도 개선방향에 관한 연구)

  • Na, Eun-Young
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.12 no.2
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    • pp.104-110
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    • 2009
  • This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

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A Study on the Indemnity System of Fishery Damage by Natural Disasters (자연재해로 인한 어업피해 전보방안에 관한 연구)

  • Kim, In-Yu
    • Journal of Fisheries and Marine Sciences Education
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    • v.26 no.5
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    • pp.1044-1057
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    • 2014
  • This study has seen about a indemnity system of fishery damage by natural disasters such as a problem and improvement methods of government aid system and system on accident insurance for cultured fishery products. Recently, in the situation that the demage of aquaculture industry caused by frequent typhoon resulted from global warming and abnormal changed of weather is nasty, the accident insurance for cultured fishery products is necessary to show its true quality and to protect fishers against natural disasters owing to the limitation of government's aid for them. However, The objects of accident insurance for cultured fishery products which is progress on, is too short to apply, so that it is absolutely insufficient to fulfill the demands of culturing fishermen. Therefore, It could be a certain preparation to magnify the range of object items of it and to convert the trial industry being adjusted to limited area into full scale industry to adjust over all nationally. Furthermore, This insurance is complicated and strict to join rather than other insurances. As it can be seen by examples that got in trouble, despite culturing fishermen applied to join the insurance, they took all demage because the insurance was not realized. So, It is hard to say that causes impute the responsibility of it to the authority of insurance, not culturing fishery. They should simplify the registration process, limit the period each registration process and consider a countermeasure to complete it. Concerning compensation for the loss, agriculture part is easier to investigate the loss due to remained dead crop damaged by natural disaster, meanwhile, in fishing part, especially in case of cultivation of fish, it is difficult to investigate the loss and demage because crops are blown all together with typhoon when it comes plus the facilities of them are also very old. Consequently to solve the problem needs more positive attitude as it is policy insurance.

A Study on the Substantial impact of US high rate tariff policy on the Korean companies -Based on analysis of Article 301 of the US Trade Law -

  • Nam, Seon Mo
    • International Journal of Advanced Culture Technology
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    • v.7 no.4
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    • pp.63-68
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    • 2019
  • Recently, the United States and China have declared a 25% retaliatory tariff for the partner country products of 50 billion dollar scale. "Trade war" is getting full swing. Such conflicts between economic powers may spread to Japan like the domino phenomenon following the EU (European Union) and become bigger in the global trade war. As a result, Korea has an economic system with a high degree of external dependence, and there is an expert's analysis that it will become the largest victim of the global trade war. If the WTO Dispute Settlement Authority approves this US 301 retaliation measure in the same way as the past case (US-EU hormone-treated beef imports), the United States will not import any Chinese imported products Chinese products) can be imposed. If the US launches a special 301 or super 301, which is stronger than the regular 301, then China is very likely to enforce US retaliation against it, and the trade war between the two countries could become a reality. This phenomenon is likely to have a negative impact on Korean companies. In particular, Korea, which is highly reliant on intermediate goods exports to China, is expected to suffer a great deal of damage. Therefore, Korea needs flexible response at home and abroad, it is necessary to enhance the autonomy of companies and protect export industries. Adjusting corporate tax rate as well as domestic industry height will be one way. The long-term (21 months) trade war between the United States and China has resulted in economic uncertainty. The resulting damage must be compensated. It is necessary to prepare the compensation through the economic council between countries. In the future, the punitive damage compensation system should be introduced.

Average Correction for Compensation of Differential Column Shortening in High-rise Buildings (이동 평균법을 이용한 고층 건물의 부등축소량 보정 기법)

  • Park, Sung-Woo;Choi, Se-Woon;Park, Hyo-Seon
    • Journal of the Computational Structural Engineering Institute of Korea
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    • v.23 no.4
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    • pp.395-401
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    • 2010
  • The vertical members of structures are shortened as time goes on. Because structures have been high-rising and atypical there should be different axial loads among vertical members and it causes differential column shortenings. The differential column shortening add stresses to connections, make slab tilt, and damage to non-structural components. To reduce these influences compensation is need. The rational compensation means the exact expectation of amounts of column shortenings and the reasonable corrections. The expectation of column shortenings are more exact as researched, however, there is little research about the compensation. This paper presents the average correction method and the constraints for differential column shortenings considering errors due to the construction precision. The relations between constraints and the number of correction groups give an objective criterion for decision of constraints.

A Study on Full Bridge and Half Bridge Mode Transition Method of LLC Resonant Converter for Wide Input and Output Voltage Condition (넓은 입출력 전압을 위한 LLC 공진형 컨버터의 풀 브리지-하프 브리지 모드 변환 기법 연구)

  • Choe, Min-Yeong;Baek, Seung-Woo;Kim, Hag-Wone;Cho, Kwan-Yuhl;Kang, Jeong-Won
    • The Transactions of the Korean Institute of Power Electronics
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    • v.27 no.4
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    • pp.356-366
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    • 2022
  • This paper presents a mode transition method that applies frequency compensation technique of an LLC resonant converter for stable mode transition. LLC resonant converters used in various applications require high efficiency and high power density. However, because of circuit property, a wider voltage gain range equates to a greater circuit loss, so maintaining high efficiency at all voltage gain ranges is difficult. In this case, full bridge-half bridge mode transition method can be used, which maintains high efficiency even in a wide voltage gain range. However, this method causes damage to the circuit through overcurrent by the mode transition. This study analyzes the cause of the problem and proposes a mode transition method that applies frequency compensation technique to solve the problem. The proposed method verifies the stable transition through simulation analysis and experimental results.

Reliability Test Assessment Technique for Pressure Compensation Type Hydraulic Pump (압력보상형 유압펌프 신뢰성 시험평가 기술)

  • Jung, Dong-Soo
    • Journal of Applied Reliability
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    • v.11 no.4
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    • pp.371-385
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    • 2011
  • Because consumer mostly utilizes company test standard, supplier spends burden of expenses on building test equipments and managing expert manpower to fulfill consumer's various tests. Therefore, it is urgent to standardize test assessment which has a bond of sympathy between consumer and supplier and evaluates reliability of their products. This study develops reliability assessment standard which is composed of 12 test items considering international and domestic test standards, company internal test standards of consumer companies and field conditions. Also this study introduces overall technical procedure on accelerated test with no failure which is used for the main technology of reliability assessment. To verify effectiveness of reliability assessment, the test results are herein analyzed through building the test equipments and performing the test items.

Prediction, Field Measurement and Compensation of Column Shortening in Tall Building (초고층건물의 기둥축소량 예측, 계측 및 보정)

  • 조석희;김한수;김도균
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2003.05a
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    • pp.143-146
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    • 2003
  • Tall Buildings have been popular in recent years. Tall buildings require special consideration to design and construction due to their structural features. Column shortening is one of the important technologies to be considered in. The long-term deformations of concrete cause vertical shortening on cores and columns, trigger deformations on cladding, partitions and finishes, and damage their serviceability. This also affects structural stability by inducing unexpected stress to the structural members such as outrigger. The main objective of this paper is to re-evaluate column shortening according to revised field information and to compare the analysis results with the actual field measurement. Mok-Dong Hyperion, a 69-story apartment building which is currently under construction, was chosen for the case study.

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