• Journal of Korea Trade
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• v.25 no.2
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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 the Korean Data and Information Science Society
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• v.20 no.3
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• pp.515-526
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• 2009

Pricing based on proper risk has been one of main issues in auto insurance. In this paper, we review how the techniques of pricing in auto insurance have been developed and suggest a better approach which meets the existing risk statistically by comparison. The generalized linear model (GLM) method is discussed for pricing with different distributions. With GLM approach, the distribution of error assumed plays an main role for the best fit corresponding to the characteristics of dependent variables. Tweedie distribution is considered as one of error distributions in addition to widely used Gamma and Poisson distribution. With these different types of error assumption for estimating the proper premium in auto insurance, various modeling approaches are possible. In this paper, various modeling approaches with different assumptions for estimating proper risk is discussed and also real example is given by assuming different.

• The Journal of Information Technology
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• v.1 no.2
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• pp.15-24
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• 1998

C.I.F. and F.O.B. contracts are the chief terms used in international trade contracts. But, in recently, the multimodal transport which is based on the containerization and the improvement of air transport has been grown gradually, Regardless of theese change in international trade environment, most of the contract of sale is made by C.I.F. and F.O.B. contracts which are based on the traditional port to port transport. In other words, there are some limitation in terms of legal base in which traditional C.I.F. and F.O.B. contract is applied to the changed environment. Especially, problems arised in marine insurance which export by F.O.B. trade terms. Therefore, when the parties of the contracts of sale make an sale contracts by using the container ship and Multimodal Transport, they should use the F.C.A. and C.I.P. contracts Instead of F.O.B. and C.I.F. contracts for the transport of goods. And parties of the contracts of sale need to gain a better understanding of the characteristic of F.C.A. and C.I.P. terms and the problem of the F.C.A. and C.I.P. contracts used in the performance on international multimodal transport.

• Korea Trade Review
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• v.45 no.5
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• pp.279-301
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• 2020

In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.285-312
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• 2015

Export and import of food, agriculture, forestry, fishery products are suffering from low growth rate due to the European financial crisis, global recession, and Japan's 2012 export expansion following the aftermath of 2011 earthquake. Upon the signing and enactment of Free Trade Agreement with the U.S. and the EU, agriculture and fishery product have become the center of attention. Agriculture and fishery was reported to be 80million dollars, 1.46% of total national export, in 2012. Starting from2000, South Korea's government began its effort to expand agriculture and fishery export and as a result, export has steadily increased despite decreased consumption led by global recession. K-Sure has started an insurance program with the purpose of promoting SME business's export. It protects SME business against risk arising from credit, emergency, bad debt, and domestic price increase. This study aims to evaluate the service quality of K-Sure's insurance program via surveying SME businesses in the agriculture and fishery industry. Also this study will identify key service factors for SME businesses and explore ways to expand SME exports of agriculture and fishery by analyzing consumer satisfaction index. Results indicated service product quality factor, service communication quality factor, and social quality factor was key to improving consumer satisfaction for SME businesses in agriculture and fishery industry. Service product quality factor had a negative effect on consumer satisfaction in term of variety and results indicated that service communication quality factor's responsiveness element had minimal impact on consumer satisfaction. Conversely, all elements for social quality factor had positive effects on consumer satisfaction. Thus, leading to the conclusion that improvements in service product quality factor and service communication quality factor will indeed increase consumer satisfaction.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.4
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• pp.567-576
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• 2022

Seafarers are exposed to various unpredictable maritime risks due to the spatial specificity of the working environment of the sea; thus, sufficient compensation for injured crewmembers is needed. However, Korea does not provide such compensation. Therefore, this study attempted to examine the Maritime Labor Act and the Industrial Accident Insurance Act of Germany, an advanced European social insurance country, and derive implications compared to Korea. First, we investigated how compensations are managed by a public institution in Germany and by shipowners in Korea. Second, regarding the contents of accident compensation, Germany does not only provide continuous treatment and care through various support systems, but also operates various programs to enable a return to ship work. In contrast, Korea has a temporary compensation system that allows shipowners to avoid liability for accident compensation, which is disadvantageous to shipwrecked seafarers. Finally, in Germany, workers' compensation insurance is public, judged considering the origin of work, whereas in Korea, it is determined by shipowners or insurance companies. Therefore, it is necessary to establish a public institution in charge of crew accident compensation to ensure proper compensation for crewmembers in Korea and to improve the Seafarers Act or system to provide compensation for additional medical care, disability pension, and rehabilitation benefits.

• Journal of Navigation and Port Research
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• v.35 no.10
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• pp.855-861
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• 2011

With the rapid growth and development of the Korean Shipping Industry both in external quantum and internal complexity, the marine insurance industry has accordingly expanded with it. This empirical study analyzes the quality factors of the Insurance and P&I Services using 5 factors of quality measures with 22 questions regarding the effect on customer satisfaction by the services offered by the P&I Clubs. The Study is expected to provide P&I Clubs with management tactics for customer satisfaction and the subsequent continued patronage supported by their members through the enhancement of the service quality. This study also provides direction for ship-owners and the members of the P&I Clubs in finding the most efficient service provider as well as in proposing competitive prices of the P&I insurance premium as their management tactic.

• Journal of Fisheries and Marine Sciences Education
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• v.29 no.3
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• pp.746-756
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• 2017

Marine accidents of fishing vessels occupied about 70.5% of the whole marine accidents in Korea from 1996 to 2015, this ratio was not much changed for a long time. A lot of efforts have been taken recently but marine accidents do not reduce. Therefore a fundamental counterplan to decrease accidents in fishing vessel is indispensable for reduction of whole marine accidents in Korea. Since the most frequent occurring accidents in fishing vessels were engine trouble and collision in statistics by KMST (1996~2015), the study focused on them. The cause of engine trouble were poor inspection and maintenance of the mechanical system. The greatest portion of marine accidents was collision, and the biggest cause of the collision was poor watch-keeping. The better watch-keeping will be the best way to reduce the accident. For this reason, it may be necessary for the navigator to make strict precaution on the other vessels under way systematically and keep the regulation for preventing collisions, and for an engineer on watch to make a check the mechanical system periodically for reduction the engine trouble. Instead of penalty, incentive about safe navigation will be helpful for reduce accident as if automobile insurance would do. In order to prevent engine trouble, the fisheries federation establish the repair center. Futhermore the development of autonomous navigation system is necessary to reduce the marine accident.

• Journal of Korea Port Economic Association
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• v.31 no.2
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• pp.41-53
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• 2015

In Paracomon Inc. v. Telus Communication, Realice's anchor became entangled with a working fiber-optic submarine cable during its voyage and are presentative of the shipowner(the captain) cut the cable. The owner of the cable brought a claim for the repair cost against the shipowner. The shipowner then advanced a third party claim against a liability insurance underwriter. The Supreme Court of Canada (SCC) held that the shipowner was entitled to limit its liability under the 1976 Convention on the Limitation of Liability for Maritime Claims. The SCC also ruled that even though the misdeed of the shipowner was insufficient to break its right to limitation of liability, its wrongdoing constituted willful misconduct under the 1993 Canada Marine Insurance Act, allowing the underwriter to deny coverage for the incident. Thecasewasthefirsttoaddresstheinterrelationship between the shipowner's right to limit liability under the international convention regime and the availability of liability insurance with respect to such limited liability. This study analyzes the reasoning behind the SCC's judgment and evaluates the appropriateness of this court's decision based on the current maritime industry as well as prevailing maritime law. It concludes that the SCC's decision to declare that the shipowner retained the right to limit its liability is appropriate under the Limitation Convention (1976). However, its declaration that the liability insurer was discharged from liability is not correct in due consideration of the common recognition in the maritime industry, the intended purpose of a third party's right against the liability insurer, and the adoption process of the conduct barring limitation. Based on the SCC's decision, this study finally reviews the issue of the shipowner's right to limit and the coverage of the liability insurer in the Sewol case (2014).

• The Korean Journal of Applied Statistics
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• v.24 no.2
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• pp.279-292
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• 2011

Credibility theory is one of the most important theories of actuarial science to calculate the proper insurance premium. In this paper, the rule of relative exposure volume, the square root rule, the B$\"{u}$hlmann credibility and B$\"{u}$hlmann-Straub credibility with the basic concept of credibility have been introduced, Also, we estimate new premiums based on these methods for real data. As a result, the rule of relative exposure volume provides the highest accuracy.