• 대한안전경영과학회지
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• 제3권4호
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• pp.19-34
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• 2001

Since the introduction of product liability law from America in 1960s, product liability has been on the rise as an important problem to the quality management of company and consumer's safety. Together with this, before the legislation of product liability system in Korea, the sense and level of company and consumer about product safety are rapidly changing, In times like the present, ensuring more systematic product safety and consumer safety, and the buildup need of competitive power in accordance with product liability prevention of company grows raising. Therefore, this study presents the most effectively manageable ways of product liability the side of safety management of consumers and companies through the ensuring ways and activity models of product safety and certification system in company.

• 의료법학
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• 제7권2호
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• pp.113-136
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• 2006

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2022년도 가을 학술논문 발표대회
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• pp.135-136
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• 2022

Defects caused by apartment houses have the term of warranty liability according to the enforcement ordinance of Acts of the Management of Apartment Houses. In case when defects occur during the term, free defect maintenance can be provided from the construction company. Yet, there occur conflicts between the construction company and residents, as to whether there occur defects or not. To resolve these conflicts, this study aimed to analyze construction classification and types that need managing, based on defects of apartment houses occurring during the term of warranty liability. This research analyzed 138,576 cases of data, as of five apartment house complexes. For the construction classification for defects of apartment houses, wooden flooring products accounted for the highest rate, followed by paper hanging, and wooden window. For the construction types of defects, torn/scratching took up with the highest rate, followed by the condition of defect in fixing and operating. In order to embody defects occurring during the term of warranty liability, into the visualization technique, this researcher utilized the word cloud method. This study will pursue the method for maintaining defects during the term of warranty liability, in the subsequent research, using the data that this research presented.

• 산경연구논집
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• 제12권11호
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• pp.33-50
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• 2021

Purpose: In South Korea, two kinds of mandatory insurance, Fierce Liability Insurance and Outdoor Advertising Liability Insurance sells as of February 2021 according to relevant codes. This study analyzed third party liability and personal living liability insurance in terms of various risks not corporation side but personal side arising from normal living and life. Research design, data and methodology: Some cases of drone accident hit man and fierce dog accident were taken into analysis to verify blame ratio and insurance claim money. The former case is that on the way down the elevator, the dog, American pit bull terrier rushed in and bit the lower part of the knee against the visitor. The latter case is that while flying in the sky as usual, the drone suddenly crashed, fell, and hit the head of a young child while walking on the street. Further previous studies such as third party liabilities, liability insurance, mandatory insurance were deeply analyzed. Results: Based on some case studies and previous studies, the author suggested valuable comments in turn realization of insurer as provider, exhaustive creation and operation of mandatory insurance, realization of insured as demanded, and arrangements of laws and systems in special consideration of amendment of companion animal and exhaustive execution of mandatory insurance by the government. Conclusions: This study was about third party liability, personal living liability insurance and expansion of mandatory insurance caused by relevant laws by the government. In this study the author verified what issues were observed from two cases drone accident and fierce dog accident and then suggested some valuable comment as above both systemic plans and practical plans. First of all, the individual should get Comprehensive Property Insurance(CPI) that covers the risks of his/her own property arising from the everyday life. And then the individual should further buy Personal Living Liability Insurance(PLLI) in order to prepare 'accidents that may happen when, where, or how' and overcome the said accidents. Moreover, the individual should take a look every single insurance contract whether he/she has a special terms and conditions of Personal Living Liability Insurance(PLLI) or not.

• 환경정책연구
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• 제3권2호
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• pp.31-57
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• 2004

Attempts were made to compare and analyze the policies of the United States, the United Kingdom, the Netherlands, Germany and Denmark concerning Korea's major problems associated with legal liability of the contaminated sites. These countries were chosen from a feasible preliminary analysis of 18 countries of the EU and the U. S. The major problems were revealed based on the analysis of Korean legacy and legislation, which are summarized as follows i) lack of clear detailed technical and legal guidance to determine the responsible party or parties of contaminated sites, ii) no distinction between the strict and non strict legal liability of innocent land owners, iii) no clearly set limit on retroactive legal liability. Comparison of the policies of countries chosen suggested improvements regarding these major problems as follows: i) activating national and international research on soil contamination prevention policy, ii) arranging distinct legal regulation between strict and non strict liability criteria, iii) establishing the limits on innocent and non strict liability, iv) establishing methodology and process of legal liability distribution and compensation, and v) establishing a legal process to redeem any benefit derived from remediation of contaminated sites with the public budget. Our policy suggestions above are not yet conclusive due to a lack of policy implementation simulation. Additional research is needed on aspects of social, economic and long term effects of the proposed policy directions. Nevertheless, application of the policy suggestions of this research would increase the efficacy of Korean policy regarding the survey and remediation of the potentially contaminated sites.

• 대한가정학회지
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• 제38권4호
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• pp.85-98
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• 2000

PL law seeks consumers'just compensation and effective deterrence through shirting liability principle from negligence to strict liability. Impact analysis of Product Liability(PL) Low requires consumers' perspectives. This paper performed a policy delphi to predict the impact of PL law on consumers. The study surveyed the opinions of 30 specialists in PL area, ranging from government, officials, professors, researchers, consumer activists, to business executives, for three times. The consumer are as follows: first of all, PL law can contribute to damage compensation significantly in that it stimulates consumer complaints through non- court procedures. It is very unlikely that suits will be increased rapidly due to PL because of the current law environment. The degree of influence of PL law on damage compensation will very according to the content of PL law. Secondly, PL law can contribute to deterrence in that it encourages companies' efforts for product safety while it doesn't undermine consumers' attentions to safety. The influence on companies' efforts will vary according to the content of PL law.

• 산업공학
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• 제15권2호
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• pp.133-146
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• 2002

In July 2002, law of product liability will be established in Korea. Therefore, prevention for product liability(PL) will be immediately needed for many companies. So, in this paper, following topics will be discussed: 1) what are product liability and product safety, 2) why they are needed, 3) why important, 4) what's the difference between considering PL and not considering PL for companies, 5 ) what are risk management methods and risk evaluation system, 6) what is SASA(Systematic Approach to Accident Scenario Analysis) method for applying PL, 7) providing a final conclusion and discussion for future PL law.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2017년도 춘계 학술논문 발표대회
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• pp.266-267
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• 2017

As apartment buildings defect lawsuits become socioeconomic problems, an objective basis system for the term of warranty liability of reinforced concrete constructions is urgent. This study was carried out as a basic study for developing a basis system for the term of warranty liability. To do this, defect data actual collected in apartment complexes were collected and analyzed. As the result of checking the cumulative rate of defect occurrence in reinforced concrete construction by year, the point of time of reaching the 90% level was the 5th years, which was similar with the provision of the Apartment Building Management Act. However, the current Supreme Court precedent has decided that the term of warranty liability for the main structural parts in reinforced concrete construction shall be 10 years and the dispute is expected to continue in the future in the defect lawsuit.

• 한국IT서비스학회지
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• 제19권1호
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• pp.37-53
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• 2020

Today, our society is exposed to cyber threats, such as the leakage of personal information, as various systems are connected and operated organically with the development of information and communication technology. With the impact of these cyber risks, we are experiencing damage from the virtual world to the physical world. As the number of cases of damage caused by cyber attacks has continued to rise, social voices have risen that the government needs to manage cyber risks. Thus, information and telecommunication service providers are now mandatory to have insurance against personal information protection due to amendment of "the Act on Promotion of Information and Communication Network Utilization and Information Protection". However, the insurance management system has not been properly prepared, with information and communication service providers selecting the service operators based on sales volume rather than selecting them based on the type and amount of personal information they store and manage. In order for the personal information protection liability insurance system to be used more effectively in line with the legislative purpose, effective countermeasures such as cooperation with the government and related organizations and provision of benefits for insured companies should be prepared. Thus, the author of this study discuss the current status of personal information protection liability insurance system and the issues raised in the operation of the system. Based on the results of this analysis, the authors propsoe tasks and plans to establish an effective personal information protection liability insurance system.

• 한국전자거래학회지
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• 제16권4호
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• pp.53-73
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• 2011

각종 정보보안 관련 사고의 증가에 따라, 세계 각국에서는 지속가능한 정보보호를 위한 다양한 보안책임 및 규제에 관한 법률들을 발전시켜왔다. 본 연구에서는 이러한 정책의 실효성을 분석하기 위하여 2007년 제정된 전자금융거래법이 기업의 정보보안 활동에 미치는 영향에 대한 실증적인 분석을 실시하였다. 연구 결과에 따르면, 전자금융거래법의 실효성에 대한 다양한 비판에도 불구하고, 이러한 법률의 제정이 기업의 정보보안 활동의 증가에 긍정적인 영향을 미치는 것으로 나타났다. 즉, 본 연구는 정보보호를 위한 보안책임 및 규제에 관한 법률이 정보보안의 지속적인 발전에 공헌한다는 것을 밝혀냈다.