• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.479-482
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• 2007

The volume of Construction project is increasing now in Korea. The complexity and variety makes the project many problems. But there are few construction contract experts. This results in a lot of managerial conflicts. Specially Engineer/Designer confront gigantic risk related to their job. So, to classify and to identify the risk practical investigation about Engineer/Designer's job. Therefore, to avoid and to prevent the claims for Engineer/Designer, clarification of the scope of service, use of external claim expert, and introduction of professional liability insurance should be accomplished.

• Journal of the Korea Safety Management & Science
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• v.10 no.3
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• pp.29-33
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• 2008

According to statistics released by the Ministry of Labor for the past 6 years, work-related accidents in the construction industry have been on the continued increase, resulting in social and economic losses that are difficult to determine at an exact amount. However, the number will likely get much bigger if unreported cases are included, considering the fact that the aforementioned statistics are based soley on the applications filed with Korea Workers' Compensation and Welfare Service. The practice of businesses choosing not to report and dealing with industrial accidents in an unauthorized manner is defined as "concealment of industrial accident". The reason the employers tend to engage in the concealment practice even at their huge cost is a "pre-qualification" scheme for the applicants in the government procurement process. Under the pre-qualification scheme, the applicants with a high rate of industrial accidents receive a low grade and become less attractive candidates in the procurement process, thus losing an opportunity to win a contract. Such failure relates directly to the fate of business organizations, to survive or not. That is why they are making all-out efforts to obtain a high grade in the pre-qualification evaluation. With regard to the accident-concealment problem, the following can be mentioned as preventive measures: (1) To exclude a rate of industrial accidents from the pre-qualification scheme; (2) To strengthen the institution of imposing penalties on the occurrence of industrial accidents; (3) To introduce private insurance system to the current industrial accident compensation insurance; and (4) To give non-recognition treatment to industrial accidents that were not reported upon occurrence. In conclusion, the concealment problem can be resolved if the aforementioned measures are to be taken continuously along with corrective measures against institutional deficiencies.

• Journal of Families and Better Life
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• v.28 no.1
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• pp.51-67
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• 2010

This study looked into the current conditions in Korean and Japanese care management for the elderly, cases of consumer counseling in these countries, and the supporting institutions for Japanese users regarding the use of care management for the elderly. The number of recipients of care management for the elderly in both Korea and Japan is growing every year, and more Japanese users receive various services compared to Korean users. The results of an analysis on consumer counseling regarding the use of Korean and Japanese care management revealed, two types of complaints: counseling for the improvement of the institution and complaints related to the procurement of service. Regarding the insurance system, the complaints were mostly related to affirmation of a rating and the burden incurred by cost-sharing. Regarding the use of service, such key impairment cases were related to in-service medical accidents, illegal acts including caregiver contract violations and forced retirement, careless service by workers, and human rights violations of the elderly. Japan has developed governmental and, related-administrative and business services as well as a local governmental system to redress customer impairment issues as this pertains to service for better quality care management. In addition, they have enlarged the locally closed service, provided exact information about the services offered, and improved service appraisal techniques. The Japanese cases will serve as a good reference to improve the Korean system. In particular, the construction of a system that reduces customer losses and the availability of more counseling information are urgently required to improve the system in terms of customer experiences when they seek care management.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.12 no.3
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• pp.41-63
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• 2004

The area covered by product liability in broadest sense is so vast that an attempt to analyse all its impact on the aviation world risk. Every effort has been made to confine our review of subject a closely as possible to its influence on aircraft manufacturers, airlines and passengers, in spite of strong connections with other spheres of commercial. Product Liability in aviation is the liability of aircraft's manufacturer, processor or non-manufacturing seller for injury to the person or property of a buyer or third party caused by a product which has been sold. Here-in a product is aircraft, third party is passengers who suffered damage by defective design, defective construction, inadequate instructions for handling in aircraft. Whenever a product turns out to be defective after it has been sold, there are under Anglo-American law three remedies available against the aircraft's manufacturer (1) liability for negligence (2) breach of warranty (3) strict liability in tort. There are Under continental law Three remedies available against the aircraft's manufacturer (1) liability for defective warranty (2) liability for non-fulfillment of obligation (3) liability in tort. It is worth pointing out here an action for breach of warranty or for defective warranty, for non-fulfillment of obligation is available only to direct purchaser on the basis of his contract with the aircraft's manufacturer, which of course weakness its range and effectiveness. An action for tort offers the advantage of being available also to third parties who have acquired the defective product at a later stage. In tort, obligations are constituted not only by contract, but also by stature and common law. In conclusion, There in no difference in principle of law. In conclusion I would like to make few suggestions regarding the product liability for aircraft's manufacturer. Firstly, current general product liability code does not specify whether government offices(e.g. FAA) inspector conducted the inspection and auditory certificate can qualify as conclusive legal evidence. These need to be clarified. Secondly, because Korea is gaining potential of becoming aircraft's manufacturer through co-manufacturing and subcontracting-manufacturing with the US and independent production, there needs legislation that can harmonize the protection of both aircraft's manufacturers and their injured parties. Since Korea is in primary stage of aviation industry, considerate policy cannot be overlooked for its protection and promotion. Thirdly, because aircraft manufacturers are risking restitution like air-carriers whose scope of restitution have widened to strict and unlimited liability, there needs importation of mandatory liability insurance and national warranty into the product liability for aircraft's manufacturers. Fourthly, there needs domestic legislation of air transportation law that clearly regulates overall legal relationship in air transportation such as carrier & aircraft manufacturer's liability, and aviation insurance.

• Journal of the Korea Institute of Building Construction
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• v.12 no.1
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• pp.42-53
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• 2012

Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.