• Journal of Korea Trade
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• 제25권2호
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• pp.152-177
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• 2021

Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

• Journal of Korea Trade
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• 제24권6호
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• 무역상무연구
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• 제65권
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• pp.71-94
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• 2015

The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

• 무역상무연구
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• 제54권
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• pp.213-233
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• 2012

International Hull Clauses(IHC(2003)) which have replaced the old system, Institute Time Clauses, Hull(ITCH), used more than 100 years in the shipping industry that did not fit the reality of the market and customs was announced in 01/11/2003 and was intended to supplement the existing issues to reflect the terms that had been used. IHC(2003) was composed of systematical and logical phrases to minimize the conflict which happened between the insured and the insurer after the incident. But IHC(2003) is being ignored by both the insured and the insurer in the shipping industry due to the differences in both positions. In addition, the studies about IHC(2003) in local academics are very low and many companies in the shipping industry are using both systems, IHC(2003) and ITCH so the usage of IHC(2003) is not so activated. Thus, this study will examines the main features and the compositions of IHC(2003) and compare IHC(2003) with ITCH(1983) in some provisions in both systems and then derive some similarities from the both systems and finally would suggest the necessity and validity of active use of IHC(2003).

• Communications for Statistical Applications and Methods
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• 제15권4호
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• pp.551-562
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• 2008

보험분야에서 지급준비금(loss reserve)을 추정할 때에는 보험사고의 발생년도와 사건발생 이후의 경과년도에 따라 지급된 보험금을 자료로 사용하게 되는데, 이것은 흔히 삼각분할표(run-off triangular table)의 형태로 주어진다. 이러한 삼각분할표 자료에 대하여 지급준비금 추정에 주로 사용되는 방법으로 사다리법(chain-ladder method)이 있는데, 이것은 사고발생년도부터 보험금이 정산되는 시점까지의 경과기간동안 지급된 누적 보험금의 변화율(진전계수)을 추정함으로써 지급준비금을 추정하는 것이다. 이러한 사다리법은 보험사고의 발생년도에 따른 진전계수의 변화가 없다는 가정을 기본전제로 하고 있다. 그러나 여러 가지 사회 환경적 요인으로 인하여 시간이 지남에 따라 지급보험금의 진전패턴이 달라질 수 있고, 본 논문에서는 사건의 변화에 따른 구조적 변화점 유무를 검정할 수 있는 검정법을 제안하고자 한다. 또한 이를 실제 예제에 적용 고찰해 보고자 한다.

• 보건행정학회지
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• 제6권2호
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• pp.115-130
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• 1996

This study was performed to investigate the practical oriental medical expenses by the use of internal data of an oriental hospital due to the bias of medical insurance program data. The purpose of this study was to describe prevalent diseases of clinical department in the studied hospital, to analyze medical expenses structure and to verify the each cost share ration of expenses on insurer to insuree. Under this purpose, we analyzed actual medical expenses data of 1,611 hospitalized patients of the oriental medical university hospital with 150 beds that can be approached to internal data from Jan. 1, 1994 to Dec. 31, 1994. The major findings are as follows : 1. Upper five of most frequent diseases of admitted patients were Joul-Jung-Pung(55.5%), Yoo-Kak-Tong(7.3%), Yoo-/Tong(7.1%), Gu-An-Wa-Sa(2.7%) and sequale of Joul- Jung-Pung(2.4%) 2. In medical expenses structure, hospital ward fee was 47.1%, medication fee 41.3%, fee for procedure(acupuncture, moxibustion, negative therapy, physical therapy, etc) 11.1% and consultation fee 0.5%. In addition to the cost share ration of insuree & that of insurer was 75:25 respectly.

• 무역상무연구
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• 제61권
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• pp.139-163
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• 2014

Recently with making of 'The Consumer Insurance (Disclosure and Representations) Act 2012(hereunder CIA)', the UK revised the duty of disclosure especially with the consumer insurance contract. According to the CIA, if the misrepresentation was careless, the insurer may have the three options based upon what the insurer would have done had the consumer taken care to answer the question accurately; a compensatory remedy, avoidance of the insurance contract or, amendment of the contract. I realized that the establishment of CIA has been exposed to pro-actively relieve the breach of Warranty and Disclosure, Representations as far as required by the Global Insurance market. It was found that it is expected to bring significant changes in UK Insurance Act system of the 21st century, and prepares competition from neighboring countries. On the other hand, in the common law system, countries under MIA(1906) are trying to address the breach of warranty and Disclosure, Representations, except the UK cannot completely adhere with a positive attitude.

• 한국항만경제학회지
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• 제19권1호
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• pp.89-112
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• 2003

In this article, 1'd like to analyse the principal distinctions between the duty of disclosure and warranty which are based on the same legal principles, utmost good faith(uberrima fides). Although the duty of disclosure and warranty have a same legal principle to protect insurance contract, they have several difference in appliance actually. Through these comparative analysis, 1 want to reveal the character of warranty which is unfamiliar to us under our commercial law. Warranty has some peculiarity, these are (a)A warranty does not have to be material to the risk, (b)A warranty must be exactly complied with, (c)It is impossible to defence for a breach of warranty, the breach of warranty is irremediable, and A casual connection between breach and loss needs not be shone, (d)A breach of a warranty may be waived by insurer. Sometimes in Korea like those stringent principles of warranty make Korean's small fishing or shipping company suffer from difficult because of insistence of discharge from liability by insurer. So I expect that all of them acknowledge the character of warranty and can make them protect their insurance money by themselves.

• 한국병원경영학회지
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• 제4권2호
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• pp.21-40
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• 1999

One Diagnosis Related Group(DRG) pilot study participating hospital was measured and analyzed to see if there were any changes after the DRG program. It was implemented in consideration of medical service utilization, hospital charges, and non-covered medical service charges by insurance in all Cesarean section cases by reviewing medical records for 3 years, including 1 year before pilot study as well as 1 and 2 years after, respectively. The results were as follows: First, the use of intramuscular antibiotics decreased statistically significantly, whereas intravenous use did not. Second, the administration period and charges of antianemic medication decreased significantly, where the prescription was appropriate. Third, the length of hospital stay decreased statistically significantly. Fourth, there were significant statistical differences in cost sharing between the insured and the insurer: cost sharing of the insured was reduced, whereas the share of the insurer increased. However, there was no change in the quality of care. Fifth, there were no statistically significant changes in the Cesarean section rate. As a result, if the fee schedule is reasonably high, hospitals can provide quality care. This DRG pilot study resulted expected outcomes: by paying a higher fee schedule than fee-for-service, then hospitals can provide quality care to their patients and increase hospital profits.

• 한국항만경제학회:학술대회논문집
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• 한국항만경제학회 2003년도 정기학술대회지
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• pp.271-294
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• 2003

In this article, 1'd like to analyse the principal distinctions between the duty of disclosure and warranty which are based on the same legal principles, utmost good faith(uberrima fides). Although the duty of disclosure and warranty have a same legal principle to protect insurance contract, they have several difference in appliance actually. Through these comparative analysis, I want to reveal the character of warranty which is unfamiliar to us under our commercial law. Warranty has some peculiarity, these are (a)A warranty does not have to be material to the risk, (b)A warranty must be exactly complied with, (c)It is impossible to defence for a breach of warranty, the breach of warranty is irremediable, and A casual connection between breach and loss needs not be shone, (d)A breach of a warranty may be waived by insurer. Sometimes in Korea like those stringent principles of warranty make Korean's small fishing or shipping company suffer from difficult because of insistence of discharge from liability by insurer. So I expect that all of them acknowledge the character of warranty and can make them protect their insurance money by themselves.