• Title/Summary/Keyword: Damage compensation

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A Case Study on Damage for Detention in Voyage Charter: Focused on the Judgment in Korea (항해용선계약에서 체박손해금에 관한 사례연구: 국내 판결을 중심으로)

  • Yang-Kee Lee;Ki-Young Lee;Jin-Soo Kim
    • Korea Trade Review
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    • v.45 no.4
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    • pp.125-136
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    • 2020
  • Freight charges are one of the major clauses in the voyage charter. However, in case of unexpected delays at loading and discharging ports, the owner of the ship would not be willing to cover the various costs he should bear by paying the freight receives from the charterer. Therefore, the shipowner, whose time and the ship would be both considered to be an expense, would try to reduce the laytime as least as possible when signing the charter party and to receive compensation such as demurrage and damage for detention from the charterer, just waiting for the agreed laytime to pass. In this study, we review the differences between demurrage and damage for detention and examine the acknowledgeable circumstances through the actual cases. Since the shipowner and the charterer do not often agree on the damage for detention from the respective contract, it is necessary to examine each. Besides, the shipowner and the charterer must acquaint the damage for detention and specify in a contract, to compensate for the actual loss of the shipowner.

A Study on Improving Architect Property Insurance for Safety Accidents of Building (건축물 안전사고에 대비한 건축사 손해보험 개선 연구)

  • Kim, Myeongsoo
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.1
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    • pp.32-40
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    • 2019
  • This study analyzed operating condition and the problems of damage compensation insunace (property insurance) for qualified architect and derived some suggsetions for improvement. The Certified Architects Act requires all building design and construction supervision to buy property insurance. This study proposes following suggestions to solve problems of current architect property insurance. Firstly, we need to increase the insurance purchasing rate of damage compensation insurance for qualified architect. It is necessary to clearly specify the matters concerning the submission of insurance policies by the architects, which is currently carried out by the Minister's official letter, in the form of official announcement. Secondly, proper insured amount should be adjusted. In order to insured substantial compensation capacity, total amount of insurance should be enlarged. Thirdly, the insurance period should be extended to one year after completion of building to allow compensation for accidents due to design negligence. Generally, the design defect can mostly be identified within one year after completion. Fourthly, insurance coverage should be extended. In the long run, it is essential to enlarge the scope of the security not only to property damage but also to human losses. Finally, an accident record sharing system should be established among insurance companies, so that proper insurance premiums or discounts can be made based on the system.

A Study on Voice Quality and Speed Upgrade for Internet phone System (인터넷폰 시스템의 음질 및 속도향상연구)

  • 임종설;김성호;조남인;오춘석
    • Journal of the Korea Computer Industry Society
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    • v.3 no.5
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    • pp.631-640
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    • 2002
  • The internet phones that are currently available in use adopt packet exchange system, transferring through various routes and lacking sufficient band width with a result that there is an accompanied delay for packet transmission since the traffic is increased, accordingly affecting a lot in sound quality and speed. Two solutions for such troubles are suggested in this study to improve sound quality of internet phones. Firstly, we minimize the delay and damage regarding packet size based on traffic size by using the data algorithm from variable packets in order to supplement decreased sound quality due to the delay and damage of sound data. The second suggestion is to employ a method of Jitter compensation by giving an appropriate initial delay time with regenerating buffers to bypass troubles from Jitter, From employing the Jitter compensation method, we found that there is a sound quality improvement due to the less stoppage phenomenon.

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Life Cycle Costing: Maintenance and Repair Costs of Hospital Facilities Using Monte Carlo Simulation

  • Kim, Tae-Hui;Choi, Jong-Soo;Park, Young Jun;Son, Kiyoung
    • Journal of the Korea Institute of Building Construction
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    • v.13 no.6
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    • pp.541-548
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    • 2013
  • During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

A Study on Establishment of Mitigation Technique of Deterioration for Environmental-friendly Dam Construction in Rural Area - A focus of the Plant Ecosystem - (농촌지역내 친환경적인 댐 조성을 위한 훼손저감기법 적용 연구 - 식물생태계를 중심으로 -)

  • Lee, Soo-Dong;Kang, Hyun-Kyung
    • Journal of Korean Society of Rural Planning
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    • v.16 no.2
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    • pp.31-45
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    • 2010
  • Building a dam that is not considering the environmental impact and human social impact can cause the loss of entire ecospheres such as fragmentary green network, disturbance of plants ecosystem, the destruction of social and cultural indigenous resources, therefore, it can occur the environment change and distortion of ecosystem. The purpose of this study is that presenting the methods of ecosystem maintenance and ecosystem damage compensation about for environmentally direct impact i.e. the ecosystem change in the intended place for building a dam. According to the planning progress, the study was proceeded to planning site examine, assessment, conception plan. As the results of examine and assessment, it must be necessary to offered the maintenance and damage compensation if the site where include the 1st degree of biotope area, the 2nd degree of biotope and the 8th degree of green naturality area were damaged by being submerged and constructing road. In addition, according to the conception plan, we suggest the mitigation proposals such as plant communities transplant, planning of connecting green network against for influencing direct impact ecosystem that is destroying plant communities, damaging inhabitants, noise pollution, water pollution, etc.

Ship collision in Chinese Maritime Law: Legislation and Judicial Practice

  • Qi, Jiancuo
    • Journal of Navigation and Port Research
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    • v.46 no.2
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    • pp.99-109
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    • 2022
  • A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.

Development of Categorization System for Efficient Calculation of Damage Cost according to Strong Wind (강풍 피해에 따른 피해비용의 효율적인 산정을 위한 분류체계 개발)

  • Song, Chang Young;Lee, Jong Hoon
    • Journal of the Korean Society of Safety
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    • v.31 no.2
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    • pp.127-132
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    • 2016
  • In this study, the plan to construct a disaster information categorization system that can be objectively and efficiently performed was suggested in order to perform disaster management task systematically. Recently, the damage of natural disasters is gradually growing larger and faster, increasing the economic loss. Especially, as for the domestic storm damage, the damage from strong wind was found to be greater than the damage from torrential rain. Also, strong wind was found to be inflicting a great damage on human life, property and agricultural crops, so the necessity to study damage restoration from strong wind is increasing. Nevertheless, the damage items categorized in the domestic disaster year book are often comprehensive or unclear in criteria, and thus fail to reflect items or matters due to actual disaster damage. It is difficult to aggregate damage accurately such that it does not correspond to the national compensation scope or the damage amount is calculated according to subjective judgment of the investigator in charge. As such, if the disaster information management is inadequate by not applying accurate categorization criteria from damage amount calculation, there can be an issue with fairness when paying the damage support aid. Therefore, this study suggested a categorization plan for objective and efficient execution of disaster information management task in order to resolve such issues. It is expected that quick and efficient execution would be possible in disaster information management and task procedure domestically by constructing systematic categorization system related to disaster information.

Conservation of Rivers and National Reimbursement Responsibility (하천관리와 국가배상책임)

  • Kim, Dong-Bok
    • Proceedings of the Korea Contents Association Conference
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    • 2006.05a
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    • pp.322-326
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    • 2006
  • There are the road of the artificial government property and rivers of the natural government property in representative Public Facilities applied National Reimbursement Law. Art.5. Doctrine on Responsibility of Public Facilities. Recently damage of a people has frequently been occurring caused by the flood of rivers and the flood disaster, and a people tends to request national reimbursement regarded it not as a natural disaster but as a man-made disaster. Especially the flood repeatedly occurred by the flood of rivers and destructive of the embankment of rivers, and it is also occurring in repairing rivers. Therefore a nation have to take responsibility of compensation for damage because of defect of conservation of rivers, and pay attention to improving the facilities of conservation and at the same time expand the range of responsibility. Thus the range of this study limits the national reimbursement of conservation of rivers among National Reimbursement Law. Art.5. Compensation for Damages on Defect about an Establishment and Management of public Facilities. Within this range, the objection of this study is to seek controversial issues and solutions, which belong with national reimbursement responsibility about conservation of rivers, as every principle of law and precedent coming under natural government property about compensation for damages caused by defect of conservation of rivers is analyzed and examined.

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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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