• Journal of Advanced Navigation Technology
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• v.21 no.3
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• pp.230-242
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• 2017

A significant rise in product-liability cost is expected due to the newly passed product liability amendment Bill approved during the assembly plenary session on March 30, 2017. Korean government legal service(KGLS) filed a damage suit against Korea aerospace industries, Ltd.(KAI) and Hanwha Techwin Co., Ltd., the manufactures of the KUH-1 Surion helicopter crashed. KGLS alleged claims under the product liability Act, the warrant liability Act and the non-performance of contract act. The accountability limits of military aircraft manufacturers was a highly divisive issue among related scholars and legal practitioners. The bottom line was that military aircraft manufacturers had no product-liability insurance available. The United States courts have, therefore, developed the government contractor defense(GCD) and it was recognized by the U.S. Supreme Court in Boyle v. United Technologies corporation(1988). product liability insurances for military aircraft manufacturers are excessively expensive and it cannot be added onto the military procurement cost accounting. However, having an aircraft accident without one can be ruinously expensive. Therefore, the manufacturers should promptly set up appropriate risk management measures. This thesis will first review the advance GCD theory, and then find a way to either reform government contract related regulations.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.139-175
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• 2017

The Assembly plenary session on December 3, 2017 passed a Product Liability Amendment bill that introduced clauses concerning consumer burden of proof and punitive damage reimbursement. More specifically, these newly approved provisions will reduce the burden of proof placed on consumers and levy triple punitive damage on suppliers. Significant increases in the number of product-liability lawsuit and the number of related insurance contracts are expected. Since military aircraft are designed for operational purpose(seeking greater combat effectiveness over greater safety) and used in high-risk environment, it is practically impossible to obtain an affordable product-liability insurance, Without having any backup plan, military aircraft manufacturers directly face all sort of liability risks under Product Liability Act, Warrant Liability Act and Non-Performance of Contract Act. The U.S. experienced similar problems when they first implemented their product-liability law in 1970s. There had been a big dispute among legal practitioner, insurance professionals and scholars concerning military aircraft manufacturer's liability. In order to settle the issue, the U.S. Supreme Court has established a new precedent of Government Contractor Defense(GCD). The U.S. government also included an indemnity clause for military aircraft manufacturers in their FMS Contract with the Korean government. Likewise, Korean military aircraft manufacturers should 1) clearly understand their current position that they cannot afford expensive product-liability insurance and the cost is not accounted in the military procurement calculation, 2) estimate potential liability risks with the ongoing overseas export expansion in mind, 3) set up appropriate risk management measures through regulatory reform and policy development.

• Journal of Korean Society for Quality Management
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• v.46 no.2
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• pp.193-210
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• 2018

Purpose: The purpose of this study is to escape from the existing defense quality policy focused on government-led quality assurance for mass-produced items and to secure quality reliability of weapon systems through a defense quality policy paradigm shift based on designing a verification systems anchored on reliability through the enhancement of military supply quality control in the development stage, the enhancement of quality responsibility of the manufacturing contractor and other methods. Methods: For the shift to the quality-based defense quality policy, the status and the problems of the status quo are analyzed and the direction of future defense quality policy is suggested based on literature review of the concept of reliability and reliability in the field of defense, on case studies of global corporations and their quality policies, on the background on quality assurance in defense, and on case studies of quality policies in other government organizations, Results: Based on the case studies of quality policies in global corporations and other government agencies, the importance of preventive quality control from the early development stages, quality control based on the reliability of the materials and parts, and shift of the quality policy to a certification system to achieve these objectives were highlighted. Conclusion: To secure reliability of weapon system quality, the quality policy must be shifted to a system focused on reliability-based design and verification and there is a further need to enhance the operational efficiency and capacity of DTaQ based on studies and evaluation of weapon system reliability.

• Journal of the Korean Society of Industry Convergence
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• v.26 no.5
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• pp.855-866
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• 2023

With the rapid advancement and sophistication of defense weapon systems, the government, military, and the defense industry have conducted various innovative attempts to improve the efficiency of post-logistics support(PLS). The Ministry of Defense has mandated RAM-C(Reliability, Availability, and Maintainability-Cost) analysis as a requirement according to revised Total Life Cycle System Management Code of Practice in May 2022. Especially, for the project budget forecast of new PBL(Performance Based Logistics) business contacts, RAM-C is recognized as an obligatory factor. However, relevant entities have not officially provided guidelines or manuals for RAM-C analysis, and each defense contractor conducts RAM-C analysis with different standards and methods to win PBL-related business contract. Hence, this study aims to contribute to the generalization of the analysis procedure by presenting a cost analysis case based on RAM-C for the supply of military depot maintenance PBL project. This study presents formulas and procedures to determine requirements of military depot maintenance PBL project for repair parts supply. Moreover, a sensitivity analysis was conducted to find the optimal cost/utilization ratio. During the process, a correlation was found between supply delay and total cost of ownership as well as between cost variability and utilization rate. The analysis results are expected to provide an important basis for the conceptualization of the cost analysis for the supply of military depot maintenance PBL project and are capable of proposing the optimal utilization rate in relation to cost.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.14 no.1
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• pp.242-250
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• 2010

EVMS(Earned Value Management System) is a project management method for analysis of current state of project and estimation of future state by the periodic tracking of schedule and value that activated by the project manager of government and contractor. Some countries, such as U.S.A and Austria, require the use of an EVMS for all major defense R&D project and many cases have proved that EVMS ensures that cost, schedule, and technical aspects of the contract are truly integrated and estimated, and actual progress of the project can be identified. However, the recent implementation of EVMS on Korean defense R&D project has shown number of challenges. In this paper, we defind the cancept of EVMS and analyzed EVMS implementation m order to conduct their problem.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.169-189
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• 2006

In 2007, KSLV(Korea Small Launching Vehicle) that we made at Goheung National Space Center is going to launch and promotes of our space exploration systematically and 'Space Exploration Promotion Act' was enter into force. 'Space Exploration Promotion Act' article 3, section 1, as is prescribing "Korean government keeps the space treaties contracted with other countries and international organizations and pursues after peaceful uses of outer space." The representative international treaties are Outer Space Treaty (1967) and Liability Convention (1972) etc. In Liability convention article 2, "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 important content of the art. 2 is the responsible entity is the 'State' not the 'Company'. According by Korean Space Exploration Act art. 14, person who launches space objects according to art. 8 and art. 11 must bear the liability for damages owing to space accidents of the space objects. Could Korean government apply the Products Liability Act which is enter into force from July 1, 2002 to space launching person? And what is the contact type between Korea Aerospace Research Institute(KARl) and Russia manufacturer. Is that a Co-Development contract or Licence Product contract? And there is no exemption clause to waive the Russia manufacturer's liability which we could find it from other similar contract condition. If there is no exemption clause to the Russia manufacturer, could we apply the Korean Products Liability Act to Russia one? The most important legal point is whether we could apply the Korean Products Liability Act to the main component company. According by the art. 17 of the contract between KARl and the company, KARl already apply the Products Liability Act to the main component company. For reference, we need to examine the Appalachian Insurance co. v. McDonnell Douglas case, this case is that long distance electricity communication satellite of Western Union Telegraph company possessions fails on track entry. In Western Union's insurance company supplied to Western Union with insurance of $ 105 millions, which has the satellite regard as entirely damage. Five insurance companies -Appalachian insurance company, Commonwealth insurance company, Industrial Indemnity, Mutual Marine Office, Northbrook Excess & Surplus insurance company- went to court against McDonnell Douglases, Morton Thiokol and Hitco company to inquire for fault and strict liability of product. By the Appalachian Insurance co. v. McDonnell Douglas case, KARl should waiver the main component's product liability burden. And we could study the possibility of the adapt 'Government Contractor Defense' theory to the main component company.