• Title/Summary/Keyword: Liability, legal

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Ship collision in Chinese Maritime Law: Legislation and Judicial Practice

  • Qi, Jiancuo
    • Journal of Navigation and Port Research
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    • v.46 no.2
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    • pp.99-109
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    • 2022
  • A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.

Solution of the Product Safety and Reliability responsive to Product Liability Prevention (PL 예방을 위한 제품안전 및 신뢰성 제고 방안)

  • Kim Jin-Gyu
    • Proceedings of the Society of Korea Industrial and System Engineering Conference
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    • 2002.05a
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    • pp.31-36
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    • 2002
  • Product Liability(PL) is a legal policy to deal with global competition by improving domestic industrial competitive power and to reduce the cost of defect products. The purpose of this paper is to address the state of the art solutions to dispute on PL, in reality of a frequent occurrence of global product exchange focussing on product safety that is one of the most important functions of PL and to improve solution of the product safety and reliability responsive to PL. To minimize PL exposure, manufacturers should reflect comprehensive product safety and reliability concepts in establishing PL prevention policies. PL prevention policies are composed of administration system, product safety management system, and total quality management system in respect of prevention, safety, and defence.

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Product Liability Prevention Policies through the Improvement of Product Safety and Reliability (제품안전 및 신뢰성 향상을 통한 제조물책임 예방대책)

  • Kim, Jin-Kyu
    • IE interfaces
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    • v.15 no.3
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    • pp.270-278
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    • 2002
  • Product Liability(PL) is a legal policy to deal with global competition by improving domestic industrial competitive power and to reduce the cost of defect products. The purpose of this paper is to address the state of the art solutions to dispute on PL, in reality of a frequent occurrence of global product exchange focussing on product safety that is one of the most important functions of PL and to improve solution of the product safety and reliability responsive to PL. To minimize PL exposure, manufacturers should reflect comprehensive product safety and reliability concepts in establishing PL prevention policies. Total PL prevention policies are composed of total quality management and product safety management system in respect of safety design, risk, and reliability. These PL prevention activities should be performed consistently during the total product life cycle, especially product research and development periods.

A Study on the Check-list of International Sales Contract focused Issues not resolved by the CISG (국제물품매매계약의 CHECK-LIST에 관한 연구 - 비엔나협약에서 해결되지 않는 문제를 중심으로 -)

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.3-22
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    • 2003
  • The CISG has been effective since January 1,1988. Even if both parties of international sales contract are located in ratifying countries, the CISG does not apply to certain excluded transactions. The CISG does not apply if the parties have opted out of the CISG. When the parties opt out, they usually agree on the law that is to replace the CISG. In the context of international sales, the frequent and difficult choice of law problems will arise when the CISG applies to a transaction but does not resolve all the legal issues before the tribunal. So this article deals with the question. What should we select the applicable law in such situations? (1) For products liability issues excluded from the CISG by article 4 and 5, the court should apply the substantive law of the market state and the statute of limitations law of the forum, (2) For validity issues excluded from the CISG by article 4(a). the court should apply the UNIDROIT Principles when its rules resolve the issue.

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A Basic Study on the Introduction of Professional Indemnity Insurance for Construction Project Managers

  • Cho, Young-Jun
    • Journal of the Korea Institute of Building Construction
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    • v.13 no.2
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    • pp.102-111
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    • 2013
  • During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

Measures for Automaker's Legal Risks from Security Threats in Connected Car Development Lifecycle

  • Kim, Dong Hee;Baek, Seung Jo;Lim, Jongin
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.11 no.2
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    • pp.865-882
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    • 2017
  • To improve passenger convenience and safety, today's vehicle is evolving into a "connected vehicle," which mounts various sensors, electronic control devices, and wired/wireless communication devices. However, as the number of connections to external networks via the various electronic devices of connected vehicles increases and the internal structures of vehicles become more complex, there is an increasing chance of encountering issues such as malfunctions due to various functional defects and hacking. Recalls and indemnifications due to such hacking or defects, which may occur as vehicles evolve into connected vehicles, are becoming a new risk for automakers, causing devastating financial losses. Therefore, automakers need to make voluntary efforts to comply with security ethics and strengthen their responsibilities. In this study, we investigated potential security issues that may occur under a connected vehicle environment (vehicle-to-vehicle, vehicle-to-infrastructure, and internal communication). Furthermore, we analyzed several case studies related to automaker's legal risks and responsibilities and identified the security requirements and necessary roles to be played by each player in the automobile development process (design, manufacturing, sales, and post-sales management) to enhance their responsibility, along with measures to manage their legal risks.

The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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A Study on the Ship Sale and Purchase Brokers' Liability as Agent in English Maritime Law (영국 해사법상 선박매매 브로커의 대리인 책임에 관한 일고찰)

  • Jeong, Seon-Cheol
    • Journal of Navigation and Port Research
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    • v.37 no.6
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    • pp.617-625
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    • 2013
  • "Sale and purchase brokers" are independent contractors who act as agents for principals intending to seller or buy ships in English Maritime Law. The essential feature is that legal position of shipbroker is largely one of agency. They can be obtained by a study of the Lloyd's Register or the equivalent registers of other Classification Societies, the American Bureau of Shipping and Korean Registers. Such a broker is of valuable assistance to the prospective seller or purchaser. And the broker's liability normally arises in the context of a contract. But, expressed in general terms, those contractual obligations are, in absence of contrary agreement, to act with reasonable care and skilled to obtain the cover requested by his client not to guarantee that such will be concluded and to ensure that the scope of the policy, its essential terms and relevant exclusions are made known to the insured. Acting in this professional capacity, the broker's liability are such that the facts upon which an action for breach of contract may be based may also found an action for the trot of negligence provided that there is shown to be the necessary 'assumption of responsibility' by the broker conveyed directly or indirectly to the insured. This thesis deals with liability of S&P Brokers, the legal problems of ship broking, commission, conflicts of interest and secret commissions in English Maritime Law and the Cases.

A Study on the End of Defects Liability Exit Procedure in Apartment Buildings through Case Studies (사례분석을 통한 공동주택 하자담보책임 종료 절차연구)

  • Kim, Jin-kuk;Bang, Hong-Soon;Choi, Byung-Ju;kim, Ok-Kyue
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.10
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    • pp.25-32
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    • 2018
  • The ending of the warranty under the current Multi-Housing Management Act has a lot of problem as it is very disadvantageous to the business entity and it makes hard for the contractor to finish the repair work. It is almost none for the business entity to get the written confirmation of the expiration of warranty liability from the client even though it sincerely completed their warranty obligation. It is because the client asks for the works other than fair repair arising from the defect in the work, such as the upgrade work for the enhancement of the value of their assets and the repair work which the client should take care before it issues the written confirmation of the expiration of warranty liability to the contractor. "So, though there is the law specifying this matter, the parties are relying on the unnecessary civil agreement. This leads to the big social and economic losses. If there is no agreement made between the client and the contractor, that leads to the legal dispute. This research on cases of 10 apartments shows that the types of works which the apartment residents ask for depend on the characteristics and conditions of the apartments and that they ask for various kinds of compensational works. In addition, it was found that there were many cases in which even the civil agreement is not recognized as the ending of the warranty obligation even if the proper procedure is taken for the ending of warranty by the contractor or business entity. If the collateral is to be offered to the client, the contractor would get more hard because there is the additional cost other than the warranty obligation, thus damaging the legal objective of the laws trying to minimize the damage made to the resident of the apartments. It means that the increase in the unnecessary warranty cost would lead to the increase in the selling price of apartment and the ending of the dispute through the civil procedure would make the Multi-Housing Act ineffective.

A Study on the Improvement of the Intelligent Robots Act

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.1
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    • pp.217-224
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    • 2019
  • The intelligent robot industry is a complex which encompasses all fields of science and technology, and its marketability and industrial impact are remarkable. Major countries in the world have been strengthening their policies to foster the intelligent robot industry, but discussions on liability issues and legal actions that are accompanied by the related big or small accidents are still insufficient. In this study, therefore, the patent law by artificial intelligence robots and the legislation for relevant legal actions at the criminal law level are presented. Patent law legislation by artificial intelligence robots should comply with the followings. First, the electronic human being other than humans ought to be given legal personality, which is the subject of patent infringement. Even if artificial intelligence has legal personality, legal responsibility will be varied depending on the judgment of whether the accident has occurred due to the malfunction of the artificial intelligence itself or due to the human intervention with malicious intention. Second, artificial intelligence as a subject of actors and responsibility should be distinguished strictly; in other words, the injunction is the responsibility of the intelligent robot itself, but the financial repayment is the responsibility of the owner. In the criminal law legislation, regulations for legal punishment of intelligent robot manufacturing companies and manufacturers should be prepared promptly in case of legal violation, by amending the scope of application of Article 47 (Penal Provisions) of the Intelligent Robots Development and Distribution Promotion Act. In this way, joint penal provisions, which can clearly distinguish the responsibilities of the related parties, should be established to contribute to the development of the fourth industrial revolution.