• Journal of Korea Trade
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• 제24권2호
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• pp.1-14
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• 2020

Purpose - The purpose of this paper is to analyze the reformed duty of fair presentation provisions and related caselaw of the Insurance Act 2015 to gain a clearer understanding of the differences between the Act and the preceding legislation. Design/methodology - The authors analyzed caselaw from South Korea and China that involved breaches of the duty of disclosure. Cases highlighting differences between the duties of disclosure and fair presentation were selected. Findings - Changes in the practice of marine insurance laws are expected from the application of the reformed duty of presentation provisions. In particular, the rights of the insured are expected to increase, resulting in the fairer conduct of insurance contracts. Due to the fact that the Insurance Act 2015 has only recently taken effect, the provisions of existing caselaw have not yet been applied. This has limited the authors' scope of analysis. Originality/value - This paper describes the implications of the duty of fair presentation by analyzing caselaw from South Korea and China that involves the duty of disclosure. To the best of the authors' knowledge, this is the first paper that investigates the reformed duty of fair presentation provisions of the Insurance Act 2015 in the context of the legislation's implications for trade practices.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제72권
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• pp.57-80
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• 2016

Since 2006, the Law Commission and Scottish Law Commission have been engaged in a major review of insurance contract law, finally leading to the legislation of Insurance Act 2015. According to the enforcement of the Insurance Act 2015 on 12 August 2016, ss 18~20 of the Marine Insurance Act 1906(MIA 1906) were repealed and substituted by the new concept of fair presentation. This article intends to analyze the legal implications through the comparative research between the duty of fair presentation in Insurance Act 2015 and ss 18~20 of MIA 1906. The major changes in Insurance Act 2015 are designed to (1) encourage active engagement by the insurer rather than passive underwriting, asking questions of the insured if the desired information is not provided at the stage of proposal; (2) encourage policyholders to structure and signpost their presentation in an clear and accessible way, and prevent data dumps; (3) give guidance as to how the insured should prepare a fair presentation, by undertaking a reasonable search of available information and giving examples of what circumstances might be material; (4) clarify whose knowledge in the insured's organization is attributed to the insured for the purposes of disclosure; (5) clarify the exceptions to the duty of disclosure, including circumstances "which are known or presumed to be known to the insurer"; and (6) replace the remedy of avoidance in all circumstances with more proportionate remedies. This is a default regime, which may be altered by agreement between the parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제71권
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• pp.171-194
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• 2016

In the UK, the legal principle for the duty of disclosure established in Carter v Boehm case was codified in the Marine Insurance Act 1906("MIA"). The duty of disclosure under the MIA is the pre-contractual duty by the insured and therefore, the insured should disclose the every material circumstance that would influence a prudent insurer's judgement. If the insured violates the duty of disclosure, the insurer is entitled to avoid the insurance contract, regardless of whether there was the deliberate or reckless breach, which is unfavorable to the insured. The Law Commission reviewed the duty of disclosure under the MIA in detail and provided the Insurance Act 2015 for the purpose of enhancing the interests of the insured. The Insurance Act 2015("Act"),while the basic legal structure of the duty of disclosure under the MIA still remains, amends it in respect of non-consumer insurance and furthermore, integrate the duty of disclosure and the duty not to misrepresent into the duty of fair presentation of risk. And according to the Act, the insurer is required to more actively communicate with the insured before entering the contract with the result that, if the insured fails to disclose the material circumstance but provides the sufficient information to put the insurer on notice, the insurer should further inquire for the purpose of the insured's revealing the material circumstance. In addition, the Act details the insured's constructive knowledge of material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 한국항해항만학회 2015년도 추계학술대회
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• pp.227-229
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• 2015

Training students to use a Marine VHF presents challenges because materials are either out of date or cost prohibitive. It is also difficult to teach in a "real world" setting. This presentation gives a few ideas of how to give practical training and a fair testing method.

• Management & Information Systems Review
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• 제34권1호
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• pp.143-162
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• 2015

The purpose of this study was to investigate the structure relationship through the empirical analysis between the factors that affect the perception of the consumer for the fair trade products. Most of the previous research on consumer reactions associated with fair trade products are limited to certain situations that are characterized as exploratory look. Specifically, this study suitability as a key factor associated with consumer awareness of the fair trade products through review of the literature, reliability, consumption values, attitudes and purchase intention presentation, and was to examine the effect relationship. Although most of the theories are employed through empirical analysis, the relationship between reliability and purchase intention (H5), there was no statistically significant effect relationship. The results of this study are expected to provide significant implications in the establishment of the company's marketing strategy to sell fair trade products with the comprehensive understanding of the consumer recognition of the fair trade products.

• International conference on construction engineering and project management
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• The 9th International Conference on Construction Engineering and Project Management
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• pp.1240-1240
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• 2022

Construction projects are fraught with risks from cost or other overruns to accidents along with other issues. This is true whether the relevant organization is an owner, general contractor, CM, specialty-trade contractor, or other entity. When cost issues or other issues confront arise, how should an organization proceed whether attempting to gain additional compensation in terms of cost/other damages or protecting the same against such claims if they do not appear to be warranted? Enter construction cost forensics. This presentation will focus on strategies/techniques with construction cost forensics in these areas in order to be successful. Covered techniques include those to develop and analyze claims including fundamental construction cost analysis techniques. When an unexpected event disrupts a construction project, using sound analytical methods to identify the cause and quantify the extent of the issue will be important for negotiating a fair result or for obtaining a successful outcome in arbitration or litigation. Key examples of uncovering issues via construction cost forensics will be covered in this presentation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제69권
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• pp.407-426
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• 2016

The Marine Insurance Act 1906 (MIA 1906) has been a successful piece of legislation, having rarely been amended and having established, or served as an influence in the development of, the basis of marine insurance legislation in several countries. However, it has been recognised that some parts of the MIA 1906 have begun to show their antiquated nature, especially where established principles which were once thought to reflect undoubted propositions of law are now being openly criticised. Since 2006, the Law Commission and Scottish Law Commission (the 'Law Commissions') have been engaged in a major review of insurance contract law, finally leading to the Insurance Act 2015. The Insurance Act 2015 received Royal Assent on 12 February 2015, and was based primarily on the joint recommendations of the Law Commissions. The 2015 Act made substantial changes to several main areas of marine insurance law & practice: (i) the replacement of the pre-contractual duty of disclosure with a duty to make a "fair presentation of the risk"; (ii) the abolition of the "insurance warranty" under the Marine Insurance Act 1906, s.33, and provision of a new default remedy of suspension of liability until the breach is cured; (iii) partial codification of the fraudulent claims rule in insurance contract law, etc. The Act did not provide for any new statutory duty for insurers to investigate or pay claims in a timely fashion, although this may be revisited in the next Parliament. Moreover, the Law Commissions have reopened their consideration of the doctrine of insurable interest. The 2015Actmay not then signal the end of the legislative programme in this area.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 한국소음진동공학회 2005년도 춘계학술대회논문집
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• pp.517-520
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• 2005

Noise mapping covers the whole mapping process from the collection of raw data, storage and retrieval of the data for computation/modeling, to the presentation of information related to outdoor sound levels, sound exposure, noise effects or numbers of affected person. This presentation can be in either a graphical or numerical form. In Europe, the Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise is now being implemented in the EU Member States. Here, The first maps for major areas are required by mid 2007, and action plans required one year later. These activities are repeated at five yearly intervals and all defined areas are incorporated in the following round of deadlines starting in 2012. The above are minimum requirements and some countries are expected to go further and faster. In this study, present status of domestic and international noise maps has been introduced to implemente the Korean noise map standard. This will help to get more convenient and, more fair result, and produce correct map at domestic level.

• Journal of Korean Physical Therapy Science
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• 제3권3호
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• pp.65-70
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• 1996

Torticollis is a deformity of the neck that shows tilting of the head toward the affected side and rotation of the chin toward the opposite side. In many cases with this condition, unilateral tightness of the sternocleidomastoid muscle is found frequently with fibrous tumor. The analysis of 43 cases of congenital muscular torticollis and result of their physical therapy are reported. The research was from Jan. 1, 1990 to Dec. 31, 1995 at Ulsan Dong Kang Hospital. The results obtained were as follows. 1. There were 30 males(69.8%) and 13 females(30.2%). Age distribution of patients showed below 2 month 20 cases(46.5%), above 1 year 7 cases(16.3%), $5{\sim}6/11{\sim}12$ months 4 cases(9.3%), and $7{\sim}8$ month 2 cases(4.6%). 2. 25 cases(58.1 %) were on the right and 18 cases(41.9%) on the left side. Torticollis was mild to moderately severe in mild 22 cases(51.1 %), moderate 18 cases (41.9 %) and severe 3 cases(7%). 3. There were normal spontaneous delivery in 36 cases(83.7%), Cesaean section in 4 cases (9.3%) and breech presentation in 3 cases(7%). Sequence of birth, the 1st born babys were 30 cases(69.8%) and the 2nd born babys were 13 cases(30.2%). 4. Above fair result of physiotherapy were 36 cases(83.7%). 5. Of the 43 cases with fellow up, above fair 32 cases(74.4%) and poor 11 cases(25.6%) showed. As conclusion, passive stretch exercise of sternocleidomastoid muscle with early torticollis diagnosis seems more successful in recovery than no exercise.

• The Journal of Korean Academy of Orthopedic Manual Physical Therapy
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• 제2권1호
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• pp.51-56
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• 1996

Torticollis is a deformity of the neck that shows tilting of the head toward the affected side and rotation of the chin toward the opposite side. In many cases with this condition, unilateral tightness of the sternocleidomastoid muscle is found frequently with fibrous tumor. The analysis of 43 cases of congenital muscular torticollis and result of their physical therapy are reported. The research was from Jan. 1, 1990 to Dec. 31, 1995 at Ulsan Dong Kang Hospital. The results obtained were as follows. 1. There were 30 males(69.8%) and 13 females(30.2%). Age distribution of patients showed below 2 month 20 cases(46.5%), above 1 year 7 cases(16.3%), 5~6/11~12 months 4 cases(9.3%), and 7~8 month 2 cases(4.6%). 2. 25 cases(58.1%) were on the right and 18 cases(41.9%) on the left side. Torticollis was mild to moderately severe in mild 22 cases(51.1%), moderate 18 cases (41.9%) and severe 3 cases(7%). 3. There were normal spontaneous delivery in 36 cases(83.7%), Cesaean section in 4 cases(9.3%) and breech presentation in 3 cases(7%). Sequence of birth, the 1st born babys were 30 cases(69.8%) and the 2nd born babys were 13 cases(30.2%). 4. Above fair result of physiotherapy were 36 cases(83.7%). 5. Of the 43 cases with fellow up, above fair 32 cases(74,4%) and poor 11 cases(25.6%) showed. As conclusion, passive stretch exercise of sternocleidomastoid muscle with early torticollis diagnosis seems more successful in recovery than no exercise.