• Title/Summary/Keyword: Exclusions

Search Result 33, Processing Time 0.027 seconds

A Comparative Study on the exclusions in 1982 and 2009 Institute Cargo Clauses (2009년 ICC와 1982년 ICC상의 면책위험 비교 연구)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.43
    • /
    • pp.275-295
    • /
    • 2009
  • After a long period of development and worldwide consultation, the London-based Joint Cargo Committee has revised the Institute Cargo Clauses (A), (B) & (C) and some ancillary Institute Clauses. The revision mainly include a clarification of the exclusions within the clauses, some modernization of the language of the clauses and new definitions of some terms. With these revisions, the coverage is widened to offer more protection to the assured. This may enable the widely used Institute Cargo Clauses to receive even greater worldwide acceptance. The following are the main changes in the new 2009 ICC compared with the 1982 ICC. 1. Insufficient or unsuitable Packing or Preparation(Clause 4.3): The revised clause is more favourable to the assured because under the revised clause this sub-clause is only applicable to (a) where packing or preparation is carried out by the assured or their employees or (b) packing or preparation takes place before the attachment of the risk. 2. Insolvency or Financial Default (Clause 4.6): The insolvency and financial default wording is incorporated in the revised clauses, making it more favourable to the assured. 3. Unseaworthiness (Clause 5): The revision is more favourable to the assured in that it limits the exclusion in relation to the unfitness of vehicles, vessels or containers to cases where the assured or their employees are privy to such unfitness. 4. Terrorism (Clause 7): A new definition of "terrorism" is introduced and the revised clause also widens the acts of an individual to encompass ideological and religious motives.

  • PDF

the Applying Differences of Excepted Perils in the Rotterdam Rules (로테르담 규칙하에서의 면책사유의 적용상 특징)

  • JO, Jong-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.71
    • /
    • pp.147-170
    • /
    • 2016
  • International maritime law conventions concerned with cargo liabilities have sought to achieve solutions which will be acceptable to a wide range of states. The Rotterdam Rules was approved by the UN Assembly on 11 December 2008. The Rotterdam Rules are intended to replace The Hague and Hamburg Rules. This paper is comparing The Rotterdam Rules with The Hague and Hamburg Rules for the carrier' liabilities and exceptions in order to find carrier' liability System, the burden of proof and exceptions in the International maritime Rules. The purpose of this paper is considering the carrier's principal recourse for defending himself inmost cargo claims. The first area analyze the transfer of carrier's fundamental Liability system in the International Rules. The second is the matter on the appointment of proof in order to establish liability or to be relieve of liability. And the third is the change of the carrier's possible exclusions from liability in the International maritime Rules. From the result of the said analysis, my paper suggests differences of the exclusions in the Rotterdam Rules comparing with the Hague and Hamburg Rules, and features of the Rotterdam Rules appling exceptions on the basis of the Hague and Hamburg Rules with regard to carrier's liability and burden of proof. The former is the inclusion of three exclusions, the deleted natural fault, and The provision making the carrier responsible for the acts of its servants or agents in the 'fire on the ship' of the Rotterdam Rules. The latter is deleting the principle of overriding obligation related to carrier's obligation of seaworthiness in the Rotterdam Rules, the burden of proof being diverted from the carrier to the carrier and the shipper in the cargo damage caused by two factors(one for which the carrier was liable and the other for which it was excusable) in the new rules.

  • PDF

A Study on Social Exclusion of Residents Livng in 'Da-Ka-Gu' Rental Housing and Permanent Rental Apartments (다가구매입임대주택과 영구임대주택 거주자의 사회적 배제 실태조사 연구)

  • Kim, Mi-Hee;Noh, Se-Hee
    • Journal of the Korean housing association
    • /
    • v.22 no.5
    • /
    • pp.91-100
    • /
    • 2011
  • The purpose of this study was to investigate the social exclusion of 'Da-Ka-Gu' rental housing and permanent rental apartments and to provide basic source of their socio-demographic characteristics and actual conditions of social exclusion. Self-administered questionnaires and interviews were carried out with 212 dwellers in 'Da-Ka-Gu' rental housing and permanent rental apartments in the city of Gwangju from July to October of 2010. The main findings are: 1. The social exclusion of physical deficiency dimension composed of income and employment has been found to be the most serious level, compared to all the other dimensions. 2. The social exclusion from health has been found to be the highest level in the dimension of the approach to social rights. The next highest level has been found to be the social exclusions from residential areas and education and service areas. 3. The level of social exclusions from the areas of family relations and social relations, which are in the dimension of social participation, has been found to be next highest to the level of physical deficiency dimension. 4. The level of exclusion from cultural and normative integration has not been found to be of significant difference between the two types of residence in this study. This study of the actual conditions of social exclusion among residents living in 'Da-Ka-Gu' rental housing and permanent rental apartments suggests the necessity and some practical implications for policy measures of social integration for the residents of lowincome housing.

A Study on Excluding from CISG Article 4 and the Application of Domestic Law-Focusing on Analysis of the Contract Law of Korea and China (CISG 제4조에서 적용배제사안과 국내법의 적용 - 한·중계약법 비교를 중심으로 -)

  • Cho, Hyunsook
    • International Commerce and Information Review
    • /
    • v.19 no.3
    • /
    • pp.215-235
    • /
    • 2017
  • The United Nations Convention on Contract for the International Sale of Goods(CISG) is legislated for unified of international sale of goods, but does not cover all concerns related to that. Arilce 4 provides the exclusions of CISG. These exclusions might be govern by a domestic law. This paper analyses what are excluding under CISG Article 4, and then provides the Korean and Chinese domestic regulations related to them. At first, whether some issues are excluding based on the interpretation of CISG Article 4 depends on the agreement of parties concerned. An issue that a national law applies even might be invalid if it does not follow the general principles of CISG. In Conclusion, CISG does not cover the validity of the contract and the property in the goods sold under CISG Article 4. a company who trades with Chines company should understand the differences of both countries' regulations about the validity of the contract and the effect of property transfer and be careful to decide a govern law to avoid unnecessary disputes about these issues even though their contract is govern by CISG.

  • PDF

A Cross-national Study of Social Exclusion - with Special References to Korea and European Countries - (한국의 사회적 배제 성격에 대한 연구 - 유럽연합 회원국과의 비교를 중심으로 -)

  • Moon, Jin-Young
    • Korean Journal of Social Welfare
    • /
    • v.62 no.2
    • /
    • pp.87-107
    • /
    • 2010
  • This paper purports to compare the differences and similarities of social exclusions in Korea with those in the European countries, notably Germany, France, Sweden, Finland, Ireland and U.K. For this purpose, chapter two examines political and social origins of social exclusion as an alternative concept to poverty or unemployment. Chapter three discusses social exclusion paradigms of Silver(1994) in reference to welfare regime theories of Esping-Andersen(1990). Subsequently chapter four, using two artificial social exclusion indicators by principal component analysis, defines the basic nature of social exclusion of Korea in comparison with those of the six European countries. Chapter five duly concludes that social exclusions in Korea are very similar to those of liberal countries (Ireland and U.K.) in that income indicators (poverty and inequality) of Korea are much worse, whereas unemployment rate is relatively low.

  • PDF

A short education session increases the accuracy of estimated food records in young Korean women during a controlled-feeding study

  • Kim, Seunghee;Lee, Bora;Park, Clara Yongjoo
    • Nutrition Research and Practice
    • /
    • v.15 no.5
    • /
    • pp.613-627
    • /
    • 2021
  • BACKGROUND/OBJECTIVES: Despite the widespread use of dietary assessment tools, the validity of food records has not been evaluated in Koreans. We assessed the accuracy of estimated food records and the effect of a short education session in young Korean women. SUBJECTS/METHODS: Thirty women (aged 18-23 yrs) each completed 3 food records during a controlled-feeding study. One educational session was provided on day 2 of the study. Food records were analyzed for the accuracy of food items and portion size estimation according to food group (grains; meat, fish, eggs, and beans; vegetables; fruit; dairy; and oils and sugars) and type of dish (rice, kimchi, soup, side dishes, spreads, beverages, and snacks). Reported food items were categorized as exact, close, or far matches, exclusions, or intrusions. Portion sizes were evaluated as accurate, similar, or inaccurate estimates, or missing. The means of days 2 and 3 were used to assess post-education results. Paired t-tests were performed to assess the effects of the education session. RESULTS: The mean percentages of exact matches, close matches, far matches, and exclusions on day 1 were 80.9%, 10.9%, 2.0%, and 6.2%, respectively, and mean intrusions observed were 0.1. The education session slightly increased the accuracy of recorded food items. The percentages of accurate, similar, and inaccurate estimates, and missing portion sizes were 11.7%, 19.8%, 12.2%, and 56.3%, respectively, at baseline. The percentage of missing portion size estimates decreased to 14.0% after the education session, resulting in an increase in the percentages of all other estimates. An increase was observed in the accuracy of reported portion sizes of vegetables, rice, and kimchi. CONCLUSIONS: In young Korean women, estimated food records are highly accurate for food items but not for portion size estimates without prior education. A short education session can improve the accuracy of portion size estimation.

A Study on the Section 55 of Marine Insurance Act, 1906(Cargo Exclusions) (영국해상보험법 제55조에 관한 연구)

  • Park, Sung-Cheul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.21
    • /
    • pp.41-54
    • /
    • 2003
  • The MIA 1906 is a very important rule for the practitioner in Korea since it is often selected as the governing law under the contract of cargo insurance. And we are using both the S.G policy and the new MAR policy. The new MAR policy has the basically different form of cover compared with the S.G policy. So we are a little confused whether some risks are covered or not under the selected clauses. The author considers which risks are covered or not under the specific clauses and compares the Institute cargo clauses with the MIA 1906.

  • PDF

A Study on the Interpretation of the Insurer's Liability of Indemnity under the Hull Insurance Clauses of the People's Insurance Company of China (중국선박보험약관에 있어서 보험자의 보상책임에 관한 고찰)

  • 홍성화;마염추
    • Journal of the Korean Institute of Navigation
    • /
    • v.25 no.4
    • /
    • pp.487-512
    • /
    • 2001
  • In 1986, the People's Insurance Company of China(hereinafter called PICC) Hull Insurance Clauses, which were amended on the basis of the version 1972, were put into effect. Since PICC is the biggest state-owned insurance company in China, its hull insurance clauses have been used nationwide. In the clauses are included the following contents: scope of cover, exclusions, period of insurance, automatical termination of insurance, duty of assured, claim and indemnity, treatment of disputes and so on. However, this study is only limited to the legal interpretation of the most important clauses relating to indemnity of the insurer. The writers attempt to supply some basic materials necessary for the establishment and enforcement of the Korean hull insurance clauses.

  • PDF

A Study on the Risk Management in the Electronic Commerce - Focus in Insurance System - (전자상거래 위험관리 방안에 관한 연구 - 보험제도를 중심으로 -)

  • La, Kong-Woo;Min, Tea-Hong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.27
    • /
    • pp.99-127
    • /
    • 2005
  • This research can be summarized as follows: a. It provides the means how to manage risks in the electronic commerce with a focus on the insurance by which to transfer the risks to the third person. b. Since there are few preceding studies on the insurance of electronic commerce, further studies on the insurance stipulations about coverage and exclusions are needed. c. The risks in the electronic commerce are critical to the businessmen and the insurance can protect them from the perils and activate the electronic commerce. d. Inter-governmental and inter-organizational cooperations are needed to enact the unified international insurance clause. Researches on the electronic insurance should be vitalized for more objective analysis. A positive study needs a close survey on the individual and the business concerned, the insurance company, and the policy authorities, which will make it possible to adjust the coverage and exclusion and assess an optimum insurance rate.

  • PDF