• Title/Summary/Keyword: Damage compensation

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Tasks to Improve the Legal System in Response to Deployment of Connected Autonomous Vehicles (자율협력주행 상용화촉진을 위한 법제개선 과제)

  • Cho, Yonghyuk;Kim, SunA
    • Journal of Auto-vehicle Safety Association
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    • v.13 no.4
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    • pp.81-91
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    • 2021
  • Last year, the Autonomous Vehicle Act was enacted to respond to deployment of autonomous vehicles. But the Act stipulates the operation of autonomous vehicle pilot zones, In addition, in order to analyze autonomous vehicle accidents and establish a reasonable damage compensation system, the Automobile Damage Compensation Guarantee Act was revised. But, It is necessary to seek plans for institutional development such as detailed concepts of self-driving cars and driving, a security certification system for securing safety of autonomous cooperative driving, and enhancement of the effectiveness of special cases related to personal information processing. I would like to seek ways to improve the legal system to respond reasonably to the deployment of autonomous vehicles.

Study on the Insurance and Liability for Damage caused by Space Objects (우주사고와 손해배상)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.9-35
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    • 2004
  • A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The compensation which the launching State shall be liable to pay for damage under "the Convention on International Liability for Damage caused by Space Objects" shall be determined in accordance with international law and the principles of justice and equity, in order to provide such reparation in respect of the damage as will restore the person, natural or juridical, State or international organisation on whose behalf the claim is presented to the condition which would have existed if the damage had not occurred. In the event of damage being caused elsewhere than on the surface of the earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, and of damage thereby being caused to a third State or to its natural or juridical persons, the first two States shall be jointly and severally liable to the third State, to the extent indicated by the following: If the damage has been caused to the third State on the surface of the earth or to aircraft in flight, their liability to the third State shall be absolute; If the damage has been caused to a space object of the third State or to persons or property on board that space object elsewhere than on the surface of the earth, their liability to the third State shall be based on the fault of either of the first two States or on the fault of persons for whom either is responsible. The Insurance requirements are satisfied for a launch or return authorised by a launch permit if the holder of the permit or authorisation is insured against any liability that the holder might incur to pay compensation for any damage to third parties that the launch or return causes; and the Commonwealth is insured against any liability that Commonwealth might incur, under the Liability Convention or otherwise under international law, to pay compensation for such damage. The liability for Damage caused by Space Objects should be regulated in detail in Korea.

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Advances and challenges in impedance-based structural health monitoring

  • Huynh, Thanh-Canh;Dang, Ngoc-Loi;Kim, Jeong-Tae
    • Structural Monitoring and Maintenance
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    • v.4 no.4
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    • pp.301-329
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    • 2017
  • Impedance-based damage detection method has been known as an innovative tool with various successful implementations for structural health monitoring of civil structures. To monitor the local critical area of a structure, the impedance-based method utilizes the high-frequency impedance responses sensed by piezoelectric sensors as the local dynamic features. In this paper, current advances and future challenges of the impedance-based structural health monitoring are presented. Firstly, theoretical background of the impedance-based method is outlined. Next, an overview is given to recent advances in the wireless impedance sensor nodes, the interfacial impedance sensing devices, and the temperature-effect compensation algorithms. Various research works on these topics are reviewed to share up-to-date information on research activities and implementations of the impedance-based technique. Finally, future research challenges of the technique are discussed including the applicability of wireless sensing technology, the predetermination of effective frequency bands, the sensing region of impedance responses, the robust compensation of noise and temperature effects, the quantification of damage severity, and long-term durability of sensors.

Damage detction and characterization using EMI technique under varying axial load

  • Lim, Yee Yan;Soh, Chee Kiong
    • Smart Structures and Systems
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    • v.11 no.4
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    • pp.349-364
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    • 2013
  • Recently, researchers in the field of structural health monitoring (SHM) have been rigorously striving to replace the conventional NDE techniques with the smart material based SHM techniques, employing smart materials such as piezoelectric materials. For instance, the electromechanical impedance (EMI) technique employing piezo-impedance (lead zirconate titanate, PZT) transducer is known for its sensitivity in detecting local damage. For practical applications, various external factors such as fluctuations of temperature and loading, affecting the effectiveness of the EMI technique ought to be understood and compensated. This paper aims at investigating the damage monitoring capability of EMI technique in the presence of axial stress with fixed boundary condition. A compensation technique using effective frequency shift (EFS) by cross-correlation analysis was incorporated to compensate the effect of loading and boundary stiffening. Experimental tests were conducted by inducing damages on lab-sized aluminium beams in the presence of tensile and compressive forces. Two types of damages, crack propagation and bolts loosening were simulated. With EFS for compensation, both cross-correlation coefficient (CC) index and reduction in peak frequency were found to be efficient in characterizing damages in the presence of varying axial loading.

Considerations for the 2009 Montreal Two New Air Law Conventions (Unlawful Interference and General Risk Conventions) by ICAO (국제민간항공기구에 의한 2009년 몬트리올 2개의 새로운 항공법조약 (불법방해 및 일반위험조약)에 대한 고찰)

  • Kim, Doo-Hwan
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.17 no.4
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    • pp.94-106
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    • 2009
  • 오늘날 항공기사고는 우리나라뿐만 아니라 세계도처에서 때때로 발생되고 있다. 특히 항공기에 대한 갑작스러운 테로 공격 또는 일반 항공사고에 기인된 항공기의 추락 및 물건의 낙하로 인하여 지상에 있는 제3자에게 손해를 입히는 경우가 간혹 발생되고 있다. 이와 같은 항공사건에 있어 가해자(항공기 운항자)는 피해자(지상 제3자 등)에 대하여 불법행위책임을 부담하게 되는데 이러한 사건들을 해결하기 위하여 1952년의 개정로마조약과 1978년의 몬트리올의정서 등이 있음으로 본 논문에서는 이들 조약의 성립경위 및 주요내용과 개정이유 등을 간략하게 설명하였다. 특히 2001년 9월 11일에 뉴욕에서 발생된 이른바 항공기 납치에 의한 동시다발 테러 사건의 피해는 4대의 항공기에 탑승한 승객 및 승무원 266명이 전원 사망하였고 워싱턴에 있는 미국 방성청사에서의 사망 및 실종이 125명, 세계무역센터에서의 사망 및 실종이 약5,000여명에 달하는 막대한 피해가 발생되었다. 9/11참사사건은 지상에 있는 제3자의 인적 및 물적 손해가 거액에 달하였음으로 이에 따라 영국의 로이드보험 등 세계보험업계가 크게 손실을 입게 되어 항공보험을 기피하는 현상이 생겨나 법적인 문제점이 제기되었다. 국제민간항공기구(ICAO)에서는 9/11사태 이후 이와 같은 테로 사건의 법적대응책과 자구책을 마련하기 위하여 약 8년간의 심의 끝에 항공기에 대한 테로 공격(불법방해 행위)과 1952년 개정로마조약의 현대화(일반위험) 등 새로운 2개 조약을 2009년 5월 2일에 성립시켜 공표하였다. 상기 새로운 2개의 조약 중 첫째 조약은 항공기의 불법방해 행위에 기인된 제3자에 대한 손해 배상에 관한 조약(Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft: 일명 불법방해조약이라고 호칭함: Unlawful Interference Convention)이고 둘째 조약은 항공기에 기인된 제3자에 대한 손해배상에 관한조약 (Convention on Compensation for Damage Caused by Aircraft to Third Parties: 일명 일반위험 조약이라고 호칭함: General Risk Convention) 이다. 본 논문에서는 이 새로운 2개 조약에 대한 ICAO가 주관한 성립경위와 주요 내용 및 필자의 논평을 제시하였고 이들 조약에 대하여 한국의 조속한 비준을 촉구하는 바이다.

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A review on recent development of vibration-based structural robust damage detection

  • Li, Y.Y.;Chen, Y.
    • Structural Engineering and Mechanics
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    • v.45 no.2
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    • pp.159-168
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    • 2013
  • The effect of structural uncertainties or measurement errors on damage detection results makes the robustness become one of the most important features during identification. Due to the wide use of vibration signatures on damage detection, the development of vibration-based techniques has attracted a great interest. In this work, a review on vibration-based robust detection techniques is presented, in which the robustness is considerably improved through modeling error compensation, environmental variation reduction, denoising, or proper sensing system design. It is hoped that this study can give help on structural health monitoring or damage mitigation control.

The Derivation of a Model to Estimate Compensation for Damages in Chartered Fisheries by Using CVP Analysis (CVP 분석을 이용한 면허어업 손실보상액 평가 모형의 도출)

  • 정형찬
    • The Journal of Fisheries Business Administration
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    • v.31 no.2
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    • pp.133-153
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    • 2000
  • During the last several decades, Korea has been regarded as one of the fastest growing economies in the world. However, the small size of national land has not met the vigorous demand for land necessary to develop economic infra-structures such as large-scale harbors airports and highways. In order to satisfy the growing demand for land, the Korean government and industry have implemented the national land development programs to reclaim land from the sea fur the several decades. It is certain that these land development programs have resulted in a lot of property disputes between fishermen and public project administrators. This paper is to develop a quantitative model to estimate compensation for damages or restriction of charted fisheries resulting from large-scale public projects. In this paper, the compensation model is derived by using cost-volume-profit analysis framework because the compensation for charted fisheries basically depends on the factors such as the costs, production volume, profit of charted fisheries damaged or restricted by public projects. The model shows that the compensation for damages or restriction of charted fisheries is determined by the average annual profit, damage duration period, and the degree of fishery damages. In addition, the degree of fishery damages measured by the ratio of lost profit to annual average profit turns out to be determined by the following factors: annul profit, unit variable cost, decrease in production volume, the rate of increase in variable cost, and a change in fixed cost. Furthermore, this parer discusses the nam issues related to practices and regulation of the compensation for fishery damages in the current Fishery Act of Korea and suggests some appraisal methods which will be able to lead to theoretically correct and fair compensation for fisheries damages resulting from large-scale public projects.

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A Study on the Introduction of Liability Compensation Insurance to Prevent Medical Dispute (의료분쟁 예방을 위한 책임보상보험 도입에 관한 연구)

  • Kim, Kee-Hong
    • Journal of Arbitration Studies
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    • v.28 no.4
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    • pp.43-59
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    • 2018
  • This study aims to review various efforts required by medical institutions to prevent medical accidents in advance and to suggest the necessity of introducing liability insurance for medical accidents based on cases abroad and compulsory professional indemnity insurance at home. Over the past five years between 2013 and 2017, the number of inquiries regarding medical accidents and medical disputes has increased by 11.1 percent from 36,099 to 54,929, and the number of mediation and arbitration for medical disputes has increased by 14.3 percent from 1,304 to 2,225. Since some medical accidents even cause social problems, a compulsory insurance system for the liability of medical institutions for damages need to be introduced to promptly compensate the victims of medical accidents and to ensure compensation by medical personnel. In Korea, a system is in place to provide compensation for a client who suffers an accidental damage after receiving professional services, regardless of whether or not the professional service provider can provide compensation. In major foreign countries, a medical liability system is in place that is applied either by the principle of liability with fault, or the principle of liability without fault. In this study, the cases of compulsory insurance and semi-compulsory insurance in the US and Japan to which the principle of liability with fault is applied, as well as the case of New Zealand to which the principle of liability without fault is applied, were examined. It is necessary to urgently introduce the compulsory insurance system for the liability of compensation to prevent medical disputes and to compensate for the life and physical damages of the victims of medical accidents in domestic medical institutions. Doing so is expected to ensure fair compensation for the victims of medical malpractice and compensation by medical personnel, thereby improving medical practice.