• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.103-152
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• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.

• International conference on construction engineering and project management
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• 2013.01a
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• pp.151-157
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• 2013

Since the sub-prime mortgage crisis from the US in 2008, the Korean housing market has plummeted. However, the deposit prices of the Korean local lease contract, Chonsei, had been increasing. This increase of Chonsei prices can be a threat to low-income people, most of whom prefer to live in houses with a Chonsei contract. In the housing and Chonsei market, there are many stakeholders with their own interest, hence, simple thoughts about housing and Chonsei market, such as more house supply, will decrease house price, would not work in a real complex housing market. In this research, we suggests system dynamics conceptual model which consists of causal-loop-diagrams for the Chonsei market as well as the housing market. In conclusion, the Chonsei price has its own homeostasis characteristics and different price behavior with housing price in the short and long term period. We found that unless government does not have a structural causation mind in implementing policies in the real estate market, the government may not attain their intended effectiveness on both markets.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.24
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• pp.25-49
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• 2004

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the duty of disclosure in insurance law. This article is, therefore, designed to analyse the scope or extent of the duty of disclosure and the remedy for breach of the duty in English marine insurance law. The main purpose of this article is also to seek the alternative remedy for the breach. The results of analysis are as following : First, the scope of the duty of disclosure is closely related to the test of materiality and the concept of a hypothetical prudent insurer. The assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Secondly, an actual insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure of the assured. But this subjective test of actual inducement is somewhat meaningless in sense that English court takes the test of materiality as a starting point and assumes the presumption of inducement even in case of no clear proof on the inducement. Finally, MIA 1906, s. 18 provides expressly for the remedy of avoidance of the contract for breach of the duty of disclosure. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. The remedy of rescission is too draconian from the point of view of the assured, because he can be deprived of all cover despite he is innocent perfectly. An inadvertent breach from an innocent mistake is as fatal as wilful concealment. What is, therefore, needed in English marine insurance law with respect to remedy for the breach is to introduce a more sophisticated or proportionate remedy ascertaining degrees of fault.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.24 no.1
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• pp.1-13
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• 2014

Objectives: The purpose of this study is to review the debate on the Article 28(Prohibition of Inhouse-Contract for Harmful Work) of the Industrial Safety and Health Law. Methods: Literatures and recent debate for prohibition and permission of inhouse-contract for harmful work were reviewed. Proposals of revision for the Article 28 of the Industrial Safety and Health Law were also reviewed. Results: It was not found reasonable to revise the Article 28 based on increased fatal accidents or diseases in the electroplating work and heavy metals handling works that are currently listed in the Presidential Decree under the law as the harmful works. Regulation types of prohibition or authorization for any harmful work shall have inherently poor coverage since the scope of application is extremely limited. Contractors for maintenance and repair of chemical facilities may not be included in the scope of application if the harmful works are defined as chemical handling works. If harmful works are prohibited, the contractor workers may loose their jobs. Therefore, it is necessary to consider balancing job security and occupational safety and health safety. Conclusions: Various limitations were found in the Article 28 and the proposals to revise it. Currently in-house subcontracting is widely spread in the workplace. Therefore, it may be inappropriate to set one or two Article such as the Article 28 and 29 to protect in-house subcontract workers from injury and illness. It is believed that it needs fundamental redirection and new approach with new paradigm to impose occupational safety and health duty to prime contractors.

• Journal of the Korean Society of Food Culture
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• v.30 no.5
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• pp.629-643
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• 2015

The goal of the current study was to analyze major factors for improvement of quality of life in contract foodservice customers. This study investigated how characteristics of customers, foodservice management, and competitors differ in different contract foodservice business environments in order to understand increasing concerns over health, in-house working, and the environment, which are directly connected to work and life satisfaction and company profits. For the foodservice business environment, this study classified environmental factors reported by Duncan (1972) into three factors: customer environment, foodservice management environment, and competitor environment. Multi-regression analysis was conducted on quality of life using the Korean version of the WHO Quality of Life Scale Abbreviated Version (WHOQOL-BREF). Sub-factors of the contract foodservice business environment included foodservice management environment, customer environment, and competitor environment in the order of importance. The results indicate that the foodservice management environment of the company or organization where the customer is employed has the most substantial influence on quality of customer life.

• Safety and Health at Work
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• v.12 no.2
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• pp.261-267
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• 2021

Background: The series of serious industrial accidents in recent years at contractors to large companies has highlighted risk outsourcing as a real and urgent problem. This study aims to review the difference in the degree of risk exposure and the occurrence of industrial accidents depending on the type of company relations. Among in-house contractors, the focus will be on those handling hazardous chemicals that include companies for which outsourcing requires approval. Methods: This study uses the 9th wave of the Industrial Safety and Health Survey (2018). For determining the degree of risk exposure, the occurrence of industrial accidents, and industrial accident rate, multivariate, logistic, and fractional logit, regression analyses were used, respectively. Results: First, In-house contractors' degree of risk exposure is higher than that of the client companies. In particular, this gap is even greater for companies dealing with chemicals. Second, among only those that handle hazardous chemicals, in-house contractors do show a significantly higher rate of industrial accident occurrence. Third, In-house contractors have a significantly higher rate of industrial accidents from diseases than client companies. Conclusion: The analysis supports the intent of the legal amendment that strengthens the protection of in-house contracted workers who handle hazardous chemicals. Second, the results of this study suggest that safety and health management must go beyond legal compliance and ensure that it has substance and effectiveness. Last, there should be policy consideration is necessary to reduce attempts to hide industrial accidents.

• Korean Journal of Labor Studies
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• v.19 no.1
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• pp.105-137
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• 2013

This paper proposes to examine the relationship between the two trade unions of Hyundai Motor Company (HMC) - those of the regular workers and of the in-house subcontract workers - around the issue of converting irregular workers to regular ones, which has been a social issue for a long time, and, furthermore, to find a desirable solution. The politics of the in-house subcontracting rotate around three axes: the conflictive collusion between the company and the regular workers'union regarding the internal labor market; the exclusion and resistance between the company and the subcontract workers'union; and the solidaristic conflict relationship between the two unions. After the final decree by the supreme court in 2012 the conflict and collusion/solidarity relationship of the three social actors have been amplified in scale - the continuous limping of the special bargaining between the company and the unions, the intensified conflict between the company and the subcontract workers'union, and the crisis of the collusion between the branches of the two unions are all evidence of this. A clue to the solution to the issues of in-house subcontracting in HMC can be found through reestablishment of the relationship among the three actors. In order to solve the in-house subcontracting issues in HMC, phased and lawful switching from irregular to regular positions, improvement of working conditions for the irregular workers, integration of the two unions (realization of 'one company one union'), and negotiated flexibility in the internal labor market will be required. Also to be considered are installation of a special committee for the issue, and utilization of external consultants. The result would be the possibility for the corporate labor market of HMC to be composed of regular workers, legal contract workers and directly-employed contract workers, which could be realized through bilateral relations of 'the labor and management conflict partnership'.

• Korean Journal of Construction Engineering and Management
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• v.14 no.1
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• pp.71-81
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• 2013

Recently, Korean Traditional House is being reconsidered as a alternative and eco-friendly residential housing. With these flows, government and industry actively studies the modernization and industrialization of Korean Traditional House. Apply for BIM as a way of modernization and industrialization of Korean Traditional House, research has been actively conducted. Korean Traditional House is building that is assembled by individual Component Therefore it is very useful for modernization of the Korean Traditional House to design Korean Traditional House With BIM. Which is the management technology that produces and distributes information of the architecture. But compared with the effect, the use of BIM is sluggish in the construction. Therefore, In this study after surveying about lowly using BIM on point of AEC(Architect-Engineer-Contract), the result is analyzed with AHP(Analytic Hierarchy Process). So the aim of this study is to offer the base to find the solution of the Affecting factors about lowly using BIM.

• Korean Journal of Construction Engineering and Management
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• v.13 no.6
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• pp.153-164
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• 2012

Since the sub-prime mortgage crisis from the US in 2008, Korean housing market has plummeted. However, Korean local lease contract, Chonsei, price has been increasing. This increase of Chonsei price can be a threat to the low-income people because most of them prefer to live at the house with a Chonsei contract. In order to solve this problem, the Korean Government implemented several Chonsei policies to secure low-incomers' residence by decreasing the price of Chonsei; however, due to the lack of understanding on housing and Chonsei market, Korean government policy seemed to fail on getting effective results. In the housing and Chonsei market, there are many stakeholders with their own interest, hence, simple thoughts about housing and Chonsei market, such as more house supply will decrease house price, would not work in a real complex housing market. In this research, we suggests system dynamics conceptual model which consists of causal-loop-diagrams for the Chonsei market as well as the housing market. In addition, we tries to explain why the policy did not work effectively using the examples from the government's past measures. In results, Chonsei price has its own homeostasis characteristic and different price movement with housing price in the short and long term period. Unless government does not have a structural causation mind in implementing policies in the real estate market, the government may not attain intended effectiveness on both markets.

• Journal of the Society of Disaster Information
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• v.15 no.3
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• pp.409-417
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• 2019

Purpose: Since the implementation of the Chemical Substance Management Act, data on the number of occurrences by annual chemical accident in Korea and the contractor's contract data received from the competent authority were used. After the implementation of the contract reporting system, the contribution to the reduction of chemical accidents is summarized by statistical data. The characteristics of each region, month, type and those of similar industries and human life were compared and analyzed. Method: 4 years of chemical accident statistics from 2015 to 2018 and since 2003, we have used data from the Chemical Safety Clearing-House (CSC), which provides safety information on cases of chemical accidents. Results and Conclusion: The risk of accidents increases as a number of unskilled workers are put into the workplace during the period when the hazardous chemical handling process is temporarily suspended. Through the reporting for awarding a contract, the operators are strengthening the safety management of chemical accidents by educating unskilled workers and wearing personal protective equipment.