• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.257-281
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• 2011

The duty of utmost good faith is found in sections 17-20 of MIA 1906. Critics of the current legal regime on the pre-contractual duty from the viewpoint of the assured, have been concentrated on two points in particular. First, the scope of the duty is so wide that it imposes too high burden on the assured. The second criticism is directed at the remedy, prescribed by the MIA 1906, s.17, against breach of the duty. This article intends to analyse the legal implications of proposals in CP 2007 for reforming pre-contractual duty of utmost good faith of business assured in English insurance contracts law and the problems of proposals. The Law Commissions are proposing four fundamental changes to meet the long-standing criticism and the results of analysis are as following. First, the Law Commissions are proposing a change in the test of constructive knowledge in relation to the duty of disclosure so that a business assured will be obliged to disclose facts which he knows or a reasonable ought to know in the circumstances. Secondly, deviating from the current legal position, the Law Commissions are proposing that if a business assured has made a misrepresentation, but the assured honestly and reasonably believe what it said to be true, the insurer should not have any remedy due to the misrepresentation. The proposal is designed to protect the reasonable expectations of business assured at the pre-contractual stage. Thirdly, the Law Commissions are proposing to change the test for materiality by replacing the "prudent insurer" test by a "reasonable assured" test. The proposed test would focus on the question of what a reasonable assured in the circumstances would think what is relevant to the judgment of the insurer. Finally, the Law Commissions are proposing flexible remedies in case of the breach of the duty. The Law Commissions are proposing no remedy when an assured is acting honestly and reasonably, while avoidance in case of dishonesty. On the other hand, The Law Commissions seem to have an intention to introduce a compensatory remedy in case of negligent breach of the duty.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.217-248
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• 2018

This paper reviews the Supreme Court of Japan in Decision of December 12, 2017, 2016 (Kyo) 43 (2011) concerning arbitrator's duty of disclosure and reasonable investigation under the Japan Arbitration Act (Arbitration Act). The Supreme Court of Japan recently issued a precedential decision interpreting, for the first time, the arbitrator disclosure requirements of the Arbitration Act. Under Article 18(4) of the Arbitration Act, arbitrators have an ongoing obligation to disclose circumstances which may give rise to justifiable doubts as to their impartiality or independence. The Supreme Court held that Article 18(4) of the Arbitration Act - requiring arbitrators to disclose all "facts likely to give rise to doubts as to his/her impartiality or independence" - (1) is not satisfied by blanket disclosures or advance waivers of potential future conflicts, and (2) requires disclosure of facts both known to an arbitrator or "that can be normally ascertained by an investigation that is reasonably possible${\cdots}$" This new standard presents opportunities and challenges for enforcing arbitration awards in Japan, and suggests measures that both arbitrators and parties can use to protect their awards. Also, the Supreme Court's new standards for evaluating arbitrator conflict disclosures suggest some measures that both arbitrators and parties to arbitration in Japan can take to protect the enforceability of their awards. The key factual question posed by the Supreme Court's ruling was whether an arbitrator's conflicts check was reasonable. Maintaining records regarding a review of potential conflicts or any investigation provides a ready source of proof in case of a future challenge. The Supreme Court has spoken clearly that so-called advance waivers of potential conflicts are not effective under Japanese law. Instead, to the extent that potential conflicts arise during the course of arbitration, they should be specifically disclosed.

• Korean Journal of Agricultural Science
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• v.28 no.2
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• pp.108-115
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• 2001

In this study, to propose the reasonable evaluation method of degree of consolidation considering the depth of soft ground, the two soft ground areas were chosen and analyzed for the consolidation degree. One was a western coast area in which depth of soft ground was low, and the other was a southern coast area in which depth of soft ground was deep. At the area in which depth of soft ground was low, Barron's and Yoshikuni's methods showed that the evaluation of consolidation degree was large, and it is reasonable that $C_h=C_v$ be recommended to apply the Hansbo's and the Onoue's methods. At the area in which depth of soft ground was deep, it is reasonable that $C_h=C_v$ be recommended to apply the Barron's and the Yoshikuni's methods, and $C_h=(2{\sim}3)C_v$ to apply the Hansbo's and the Onoue's methods. According to the Hansbo's and Onoue's methods, degree of consolidation proved to be applicable with measured data when using the $k_s=(1/3)k_v$ at the area which depth of soft ground was low and using the $k_s=(1{\sim}1/2)k_v$ at the area which depth of soft ground was deep. According to the Hansbo's and Onoue's methods, degree of consolidation was proved to be applicable with measured data when using ds=(3~5)dm at the area which depth of soft ground was low and using ds=2dm at the area which depth of soft ground was deep.

• The Journal of Society for e-Business Studies
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• v.20 no.3
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• pp.89-112
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• 2015

Recently, the business environment of healthcare has changed rapidly due to the entering the mobile era, the intensifying global competition, and the explosion of healthcare needs. Despite of necessity in expanding new IT-based medical services and investing IT resources to respond environmental changes, the small and medium sized hospitals could not realize these requirements due to the limited management resources. CHISSMH is designed and presented in this research to provide high valued clouding medical services with reasonable price. CHISMH is designed and presented in this research to provide high valued medical services with reasonable price through cloud computing. CHISME is designed to maximize resource pooling and sharing through the visualization. By doing so, Cloud Service provider could minimize maintenance cost of cloud data center, provide high level services with reasonable pay-per-use price. By doing so, Cloud Service provider could minimize maintenance cost of cloud data center, and could provide high level services with reasonable pay-per-use price. CHISME is expected to be base framework of cloud HIS services and be diffusion factor of cloud HIS services Operational experience in CHISSMH with 15 hospitals is analyzed and presented as well.

• Journal of the Korea Society of Computer and Information
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• v.27 no.5
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• pp.189-197
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• 2022

It is not seen as discrimination based on reasonable grounds for the National Public Officials Act to discriminate between public officials entering general graduate schools and public officials entering law schools. The degree of discrimination cannot be said to be appropriate. Therefore, it is judged that it violates the principle of equality under Article 11 of the Constitution for the relevant laws and regulations to treat them differently by excluding those public officials who went to law schools from the application of the State Public Officials Act because the criteria for discrimination cannot be said to have a substantial relationship to realize its purpose. The degree of discrimination is not appropriate, so related laws and regulations are arbitrary legislation that discriminates against public officials entering law schools without reasonable reasons. Articles 71(2)3 and 72(6) of the National Public Officials Act and Article 90 of the Rules on the Appointment of Public Officials stipulate that public officials who want to go to "research institutions or educational institutions designated by the head of the central personnel agency" can use the training leave system. However, it is reasonable to assume that there is no reasonable basis for discrimination because it does not allow such benefits to public officials who wish to enter law schools. I think it is desirable to utilize a special admission system that allows students to enter night law school or to enter while working for a living.

• Journal of The Korean Radiological Technologist Association
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• v.25 no.1
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• pp.24-24
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• 1999

In order to establish reasonable concept and background on repititive films, we analyzed factors due to wasted films grouping into three major factors as 1) artificial factor from exposure and positioning. 2) mechanical factor as mechanic error and jammin

• Journal of the Korean Mathematical Society
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• v.35 no.2
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• pp.259-268
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• 1998

In this paper the stochastic multiple objective programming problems where the right-hand-side of the constraints is stochastic are considered. We define the equivalent scalar-valued problem and study the stability of the equivalent scalar-valued problem with respect to the weight parameters and probability mesures under reasonable assumptions.

• Tunnel and Underground Space
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• v.3 no.2
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• pp.163-166
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• 1993

To improve the applicability of the Ho-Brown's empirical failure theory to field problems, transformation of failure coefficients was suggested in this study. This method was tested on the published data and good results were obtained. It seemed that this method be more reasonable than traditional method of modifying the coefficients by RMR or Q values.

• Tunnel and Underground Space
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• v.7 no.4
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• pp.310-322
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• 1997

New limits of comfort boundary, psychological damage boundary and exposure limit for building residents by continuous and vibration are suggested. These limits are derived from the ISO 2631 and DIN 4150 regulations. A reasonable method to evaluate damages by vibrations is also suggested using the "total over-exposure of vibration" concept.; concept.

• 대한예방의학회:학술대회논문집
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• 1999.10a
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• pp.37-38
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• 1999