• Title/Summary/Keyword: Defect liability

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Developing a Quality Risk Assessment Model for Product Liability Law (제조물 책임(PL)법 대응을 위한 품질 리스크 진단 모델 개발)

  • Oh, Hyung Sool
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.40 no.3
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    • pp.27-37
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    • 2017
  • As the global uncertainty of manufacturing has increased and the quality problem has become global, the recall has become a fatal risk that determines the durability of the company. In addition, as the convergence of PSS (product-service system) product becomes common due to the development of IT convergence technology, if the function of any part of hardware or software does not operate normally, there will be a problem in the entire function of PSS product. In order to manage the quality of such PSS products in a stable manner, a new approaches is needed to analyze and manage the hardware and software parts at the same time. However, the Fishbone diagram, FTA, and FMEA, which are widely used to interpret the current quality problem, are not suitable for analyzing the quality problem by considering the hardware and software at the same time. In this paper, a quality risk assessment model combining FTA and FMEA based on defect rate to be assessed daily on site to manage quality and fishbone diagram used in group activity to solve defective problem. The proposed FTA-FMEA based risk assessment model considers the system structure characteristics of the defect factors in terms of the relationship between hardware and software, and further recognizes and manages them as risk. In order to evaluate the proposed model, we applied the functions of ITS (intelligent transportation system). It is expected that the proposed model will be more effective in assessing quality risks of PSS products because it evaluates the structural characteristics of products and causes of defects considering hardware and software together.

Consumer Importance-Performance Analysis on Writing Rules of Product User Guide Using IPA (IPA를 활용한 제품사용설명서의 작성원칙에 대한 소비자 중요도-만족도 분석)

  • Seo, JunHyeok;Bae, SungMin
    • Journal of Korean Society for Quality Management
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    • v.48 no.2
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    • pp.283-296
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    • 2020
  • Purpose: This study examined the importance and satisfaction of consumer's perception of the information delivery format of products and services required and recommended by KS A ISO / IEC Guide 13: 2003 and KS A ISO / IEC Guide 37: 2003. Methods: In this study, the importance and satisfaction of clarity, principles of information transfer, how to use expressions and technical terms, and technical terms, warning signs, and durability were investigated. Results: The t-test analysis of the importance and satisfaction of the Writing Rules of the product user guide showed that all items had statistically significant differences. The importance of the writing rules of the product user guide for the use of the product was in the order of warning signs (4.423), how to use expressions and technical terms (4.215), principles of information transfer (4.163), clarity (3.914), and finally durability (3.851). Conclusion: Among the 'explanation,' 'instruction' and 'warning' functions of the Product User Guide, the consumer uses the manual to identify the inherent dangers and misuse of the product. Besides, since the life of the product is prolonged, the Product User Guide also needs to improve the quality of the cover or paper so that it can use for a long time.

The Effect of the Writing Rules of Product User Guide on Consumer Accident Prevention (제품사용설명서의 작성원칙이 소비자의 제품사고예방에 미치는 영향)

  • Seo, JunHyeok;Bae, SungMin
    • Journal of Korean Society for Quality Management
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    • v.47 no.3
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    • pp.509-522
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    • 2019
  • Purpose: The purpose of this study is to analyze how the writing rules of the product user guide affect consumers' understanding of products and the prevention of product accidents. Methods: We surveyed consumers to see how the writing rules of the product user guide help consumers to understand products and prevent product accidents. Results: We derived the importance, necessity, usability, and readability of the principle of making product manuals through analysis of previous research. Usability is the writing rule of the product user guide that the consumer has the most influence on the understanding of product use and the product accident. Conclusion: It is necessary to make product user guide so that consumers can understand the function and safety of products by using video and various image media. Also, It is the obligation to explain all stages of the product and to communicate through the product user guide how to prevent the product accident step by step.

A Study on Improving Performance Bond System for Efficient Execution of Public Construction Works (효율적인 공사수행을 위한 공사이행보증제도 개선방안 연구)

  • Kim, Myeongsoo
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.4
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    • pp.21-29
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    • 2020
  • This study analyzed problems of operating performance bond for public works and derived some suggestions for improvement. The Contract Law for Government Owner requires to submit performance bond which guarantees performing the construction contractor pays back compensation money when the obligation is not executed. Currently, first bid eligibility for participation is exactly required for executing company of performance bond obligation, not considering volume, technical level, and special type of remaining works. In collaboration contract, if guarantee accident occurs, it is obliged for remaining collaboration contractors to be qualified to fulfill the whole contract. This study proposes following improvement plan to solve problems of current performance bone in public works. Firstly, qualification criteria must be deregulated exceptionally for selecting proper contractor, which executing performance bond obligation, considering progress and characteristics of remaining works. Secondly, In collaboration contract, the prerequisite of remaining contractors' should be deregulated as 'implementation requirement of the remaining works'from'implementation requirement of the whole work'. Finally, defect responsibility should be included in liabilities of performance bond by specifying that owner or guarantee agency bear them.

Domestic and Foreign literature review of Dental Accidents and Malpractice claims (치과의료사고 및 분쟁에 대한 국내·외 문헌고찰)

  • Kim, Myeng Ki;Cho, Han A;Lee, Jin-han
    • The Journal of the Korean dental association
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    • v.53 no.2
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    • pp.82-95
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    • 2015
  • Background: Interest in medical malpractice claims and accidents is a day-to-day social issue to general public as well as medical personnel. Related laws and regulations already have been established, and institutions based on the laws and regulations also have been founded. However, in our dental community, interest and response to the issue seem insufficient. Methods: We searched four medical literature databases that are mainly cited in the medical community. Keywords including 'dental malpractice claims', 'patient safety' and 'medical accident' were used for the search. Among the selected literatures, we chose specific ones separately whose content is authentic and easily approachable. Results: Medical malpractice claims and accidents tend to increase around the world. As the cost or the difficulty level of surgery increases, the dispute rate also increases, which appears even more apparent in developed countries. Preventive measures to prevent the disputes and accidents are not significantly different. Three critical of them include relationship of doctor with patient, the informed consent and medical record. Conclusion: Tools for accident occurrence or communication improvement have been introduced. All of those cost time and money. However, education or professional request of liability insurance companies, self-education and provision of guidelines can be immediately implemented. To implement those, dentists' promotion at the regional or national level is imperative. rhBMP-2 is widely used at sinus augmentation, alveolar bone defect, and socket preservation.

Research about Integrated System construction design of ISO 9001;2000, KS and Product Safety Management by PL(Product Liability) law practice (PL법 실행에 따른 ISO 9001;2000과 KS 및 제품 안전경영(PSM) 통합시스템 구축의 설계에 관한 연구)

  • 유왕진
    • Journal of Korean Society for Quality Management
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    • v.31 no.4
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    • pp.184-193
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    • 2003
  • PL has been developed centering around England and America. Recently many countries are introducing PL system changing the world a single economic bloc based on the rapid development of Technology and Economy. This paper is studied with related literatures and theses, organizational consulting cases within the framework of the firm as the central operating bodies of PL system. In the past, Some papers about System Integration which was operated as a same Certificate System and enacted in a single organization, was studied and presented. But most of papers was a theoretical study related model and conception. In this situation Government supports PSMS of a single system at government expense to 100­200 companies for improving organizational confrontation ability of PL this year. This paper proposed a design and effect of Integration system model based on the analysis of ISO 9001:2000, KS, PSMS and ISO 14001. The integrated system has the following three distinctions. Firstly, KS is a national establishment, national leading certification and forcing standard. Secondly, ISO 9001:2000 and ISO 14001 are an international organization's establishment, non­official certification and optional standard. Finally, PSMS isn't a national law and forcing matter. And it isn't the concept of certification but the operational system by itself. Also if a lawsuit by defect is happened, it is very dangerous. This paper, which is integrated by four management systems and has many consulting cases, is the first in this department and is different from others. Also If people has the basic knowledge about management system, they can directly connect it to the organizational system according to this paper's guidance. It is very good result in this study because the law of PL is executed now.

Improvement of Elevator Management System after Completion (준공 이후 승강기 관리체계 개선에 관한 연구)

  • Cho, Young-Jun
    • Journal of the Korea Institute of Building Construction
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    • v.16 no.5
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    • pp.455-461
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    • 2016
  • To operate a large structure or a high-rise building, elevator is essential. Nevertheless, elevator breakdowns or accidents have been consistently reported. When the accidents are not serious, the records are not reported and cumulated in the Korea Elevator Safety Agency. Additionally, in case of replacement or repair of the parts of elevator, conflicts about the person responsible for the expense of the replacement or repair are frequently occurred. However the record of accidents is not decreasing and the conflict about the fund of elevator repair is serious. So, it is needed to reduce the elevator accidents or malfunction, the operation stop of the elevator, the conflict between building owners and users. Therefore, in this study, the elevator maintenance procedures during defect liability period, the notification procedure in case of breakdown or accident elevator, the direction of elevator maintenance contracts, the direction of the elevator inspection were suggested.

Main Differences of Warranties under Marine Insurance Contract - with Comparisons between U.K., U.S. and Korea - (국제무역 계약상 해상보험의 담보에 대한 주요 차이점 -영국, 미국, 한국의 비교)

  • Pak, Myong-Sop;Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.111-180
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    • 2009
  • According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

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A Study on the Improvement of Defect Management through Judicial Precedents of Landscape Construction Defect (조경공사 하자판례 분석을 통한 하자처리 개선방안 연구)

  • Jung, Myeung-Muk;Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.1
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    • pp.81-91
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    • 2012
  • The purpose of this study was to analyze judicial precedents related on landscape construction defects(JPLCD) and suggested the improvement plan for dealing with it. The results are as the following: 1. Landscape construction defects litigations have been increased so far since 2000 and the duration of original trial was approximately 603 days, while appeal trials took up to 550 days. Therefore, the analysis revealed that settlement of disputes were lengthy and wasteful to consumers and constructors. 2. Judgement's cost accepted by the judge was only 53.6% of appraisal's cost appraised by appraiser, therefore it revealed appraiser overestimated the repair cost of landscape construction defects. 3. According to work classification categorized by Landscape Construction Standard Specification(2008) of the Korean Institute of Landscape Architecture, landscape planting amounted to 75% of JPLCD and plaintiff(consumers)'s prevailing rate of it reached 77% to be a serious burden to constructors. 4. According to JPLCD categorized by the type of dispute, defects caused by consumer's negligence for maintenance amounted to 29% and defendant(constructors)'s prevailing rate of it reached 64% to be the main responsibility of consumers. Further study will be required to make the judge standard of landscape construction defects through legal and technical research.

Neurotechnologies and civil law issues (뇌신경과학 연구 및 기술에 대한 민사법적 대응)

  • SooJeong Kim
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.147-196
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    • 2023
  • Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.