• Title/Summary/Keyword: Third Party Damage

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Cost-Benefit Analysis in order to Select the Reasonably Practical Risk Reduction Measures(RRMs) on High Pressure Urban Gas Pipelines (도시가스 고압배관의 합리적인 위험감소조치 선정을 위한 비용-편익분석)

  • Ryou, Young-Don;Kim, Young-Seob;Lee, Su-Kyung
    • Journal of the Korean Institute of Gas
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    • v.15 no.2
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    • pp.40-46
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    • 2011
  • The purpose of CBA(cost-benefit analysis) in risk assessment is to show whether the benefits of implementing additional risk reduction methods(RRMs) derived through risk assessment outweigh its costs and it is proper to implement the methods. In this paper CBA has been conducted in order to select the most effective and reasonable RRM as implementing the RRM derived after QRA for the high pressure urban gas pipelines. As conducting QRA again by applying the derived RRMs, No. 10 measure which includes pipeline corrosion monitoring, MOV(motor operated valve) installation and the method to protect pipeline damage caused by third-party mechanical interference has showed the highest risk reduction effect. Also it has been considered to be reasonably practicable by conducting CBA and then is selected as the most effective and reasonable RRM on the objects of this paper.

Legal liability of the management firm on hacked Robo-Advisor's stock price manipulation (해킹에 따른 로보어드바이저의 시세조종 행위와 운용사의 법적 책임)

  • Kim, Dong Ju;Kwon, Hun Yeong;Lim, Jong In
    • Journal of the Korea Convergence Society
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    • v.8 no.9
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    • pp.41-47
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    • 2017
  • This study is a preceding research designed to deduct an institutional supplementary measure that minimizes any inevitable side effects from the improvement of artificial intelligence (AI) technology, which is the core element of the Fourth Industrial Revolution. In this specific case in which the Robo-Advisor, the representative type of AI-applied technology, was hacked by a third party and ended up manipulating prices, the study was intended to examine the responsibility relationship of the current legal framework. Although the current legal framework strictly prohibits acts such as hacking and manipulation, it was confirmed that if the Robo-Advisor management firm acts in compliance with protection measures regarding hacking, the firm is free from any legal liabilities and there is insufficient legal protection available for ordinary investors with grand-scale damage from price manipulation Based on this study, further studies are needed to derive more institutional supplementary measures on overcoming these problems.

Risk Reduction Rate for Each Risk Mitigation Measure on High Pressure Urban Gas Pipelines Proposed by Quantitative Risk Analysis (정량적 위험성 평가를 통해 제안된 도시가스 고압배관의 위험경감조치별 위험감소효과)

  • Ryou, Young-Don;Jo, Young-Do;Park, Young-Gil;Lee, Su-Kyung
    • Journal of the Korean Institute of Gas
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    • v.14 no.4
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    • pp.18-23
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    • 2010
  • After conducting QRA(quantitative risk assessment) for the high pressure urban gas pipelines planned to be installed, RMMs(risk mitigation measures) when the societal risk is outside the acceptable region have been derived in this paper. Also risk reduction rates are calculated for each RMM. As a result of QRA, we find out that damaged distance caused by radiational heat is largely dependent upon the wind velocity and the atmospheric stability. The measure that has the highest risk reduction effect is No. 10 which includes pipeline corrosion monitoring, MOV(motor operated valve) installation and the method to protect pipeline damage caused by third-party mechanical interference, and which shows 75 % of risk reduction effect.

Fire research in Sweden for 1997-99

  • Arvidsson, Tommy
    • Proceedings of the Korea Institute of Fire Science and Engineering Conference
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    • 1997.11a
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    • pp.44-48
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    • 1997
  • The Swedish Fire Research Board was established in 1979 to initiate and fund relevant fire research efforts. The Board is responsible for a long term research programme revised every third year, and the Board is one of two major Swedish sponsors of all fire research. Beside the Board we also have the Swedish National Rescue Services, funded by the government. BRANDFORSK gives very high priority for the industry and the insurance company and the need they express for fire research. Research that the Rescue Services Board are funding is mainly focusing the need for the fire department. The Swedish Fire Research Board, BRANDFORSK, is the joint agency of the Swedish government, the insurance industry and the business sector, for the initiation, funding and supervision of different kinds of fire research. Work is directed by a Programme Board and is performed in the form of projects at universities, research institutes, state authorities and private firms. The Secretariat of BRANDFORSK shares the premises of the Swedish Fire Protection Association, SFPA, and the SFPA is the principal and the party which enters into agreement with the State. The programme for the period 1997-1999 has been drawn up on the basis of both damage development and the trends in society which can be noted, and the evident fire problems of the interested parties and their need for fire research. The inputs in the programme have been broken down seven problem areas. In every problem area different project areas are set out, and these primarily specify the aim of the work. Our seven problem-areas are; Costs and benefits of fire protection measure. The role and behaviour of people and organizations Fire In buildings Fire in underground facilities Rescue operations fire in industries Fire and the environment. In comparison with previous fire research programmes, cost/benefit studies have been accorded higher priority, and this is also reflected in other problem areas. Grater Emphasis

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The Main Contents, Comment and Future Task for the Space Laws in Korea (한국에 있어 우주법의 주요내용, 논평과 장래의 과제)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.119-152
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    • 2009
  • Korea now has a rapidly expanding and developing space programme with exploration aspirations. The government is giving priority to the aerospace industry and, to put it on a better footing, enacted an Aerospace Industry Development Promotion Act in I987, a Space Development Promotion Act in 2005 and a Space Compensation for Damage Act in 2007. I would like to describe briefly the legislative history, main contents and comment for these three space acts including especially launch licensing, registration of space objects, use of satellite information, astronaut rescue, liability for compensation, third party liability insurance and establishment of committee and plans to assist the Korean space effort. Furthermore author proposed to legislate a new draft for the establishment of a Korean Aerospace Development Agency (KADA: tentative title) to create a similar body to Japan Aerospace Exploration Agency (JAXA), British National Space Centre (BNSC) of UK, French Centre National d'Etudes Spatiales (CNES), German Aerospace Center (DLR), Swedish Space Corporation (SSC), China Aerospace Science and Industry Corporation (CASIC), Indian Space Research Organization (ISRO) as well as the Korean Space Agency (KSA: Tentative title) to create a similar body to Canadian Space Agency, European Space Agency, Russian Space Agency, Italian Space Agency, Israel Space Agency, Indian Department of Space, National Aeronautics and Space Administration (NASA) of USA, China National Space Administration in order to develope efficiently space industry. If the Korean government will be establish the Korean Space Agency as an governmental organization in future, it is necessary to revise the contents of the Government Organization Act. It is desirable and necessary for us to establish an Asian Space Agency (ASA), in order to develop our space industry and to promote research cooperation among Asian countries, based on oriental idea and creative powers.

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The Liability for Space Activity of Launching State of Space Object and Improvement of Korea's Space Policy (우주물체 발사국의 우주활동에 대한 책임과 우리나라 우주정책의 개선방향)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.295-347
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    • 2013
  • Korea launched the science satellite by the first launch vehicle Naro-ho(KSLV-1) at the Naro Space Center located at Oinarodo, Cohenggun Jellanamdo in August, 2009 and October, 2010. However, the first and second launch failed. At last, on January 30, 2013 the third launch of the launch vehicle Naro-ho has successfully launched and the Naro science satellite penetrated into the space orbit. Owing to the succeed of the launch of Naro-ho, Korea joined the space club by the eleventh turn following the United States, Russia, Japan and China. The United Nations adopted the Outer Space Treaty of 1967, the Rescue Agreement of 1968, the Liability Convention of 1972, the Regislation Convention of 1976, and Moon Agreement of 1979. Korea ratified the above space-related treaties except the Moon Agreement. Such space-related treaties regulate the international liability for the space activity by the launching state of the space object. Especially the Outer Space Treaty regulates the principle concerning the state's liability for the space activity. Each State Party to the Treaty that launches or procures the launching of an object into outer space is internationally liable for damage to another State Party or to its natural or judicial persons by such object or its component parts on the earth, in air space or in outer space. Under the Liability Convention, a launching state shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The major nations of the world made national legislations to observe the above space-related treaties, and to promote the space development, and to regulate the space activity. In Korea, the United States, Russia and Japan, the national space-related legislation regulates the government's liability of the launching state of the space object. The national space-related legislations of the major nations are as follows : the Outer Space Development Promotion Act and Outer Space Damage Compensation Act of Korea, the National Aeronautic and Space Act and Commercial Space Launch Act of the United States, the Law on Space Activity of Russia, and the Law concerning Japan Aerospace Exploration Agency and Space Basic Act of Japan. In order to implement the government's liability of the launching state of space object under space-related treaties and national legislations, and to establish the standing as a strong space nation, Korea shall improve the space-related policy, laws and system as follows : Firstly, the legal system relating to the space development and the space activity shall be maintained. For this matter, the legal arrangement and maintenance shall be made to implement the government's policy and regulation relating to the space development and space activity. Also the legal system shall be maintained in accordance with the elements for consideration when enacting the national legislation relevant to the peaceful exploration and use of outer space adopted by UN COPUOS. Secondly, the liability system for the space damage shall be improved. For this matter, the articles relating to the liability for the damage and the right of claiming compensation for the expense already paid for the damage in case of the joint launch and consigned launch shall be regulated newly. Thirdly, the preservation policy for the space environment shall be established. For this matter, the consideration and preservation policy of the environment in the space development and use shall be established. Also the rule to mitigate the space debris shall be adopted. Fourthly, the international cooperation relating to the space activity shall be promoted. For this matter, the international cooperation obligation of the nation in the exploration and use of outer space shall be observed. Also through the international space-related cooperation, Korea shall secure the capacity of the space development and enter into the space advanced nation.

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Experimental Study on Rupturing of Artificial Flaw of Pipes for Life Prediction of Underground High Pressure Gas Pipes (지하매설 고압가스배관의 수명예측을 위한 인위결함 배관의 파열실험)

  • Lee, Kyung-eun;Kim, Jeong Hwan;Ha, Yu-jin;Kil, Seong-Hee;Jo, Young-do;Moon, Jong-Sam
    • Journal of the Korean Institute of Gas
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    • v.22 no.5
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    • pp.62-71
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    • 2018
  • According to own investigation conducted by Korea Gas Safety Corporation Gas Safety Research Institute in 2017, the length of underground pipes in domestic high-pressure gas pipelines is approximately 770km, of which 84% is buried in Ulsan and Yeosu industrial complexes. In particular, 56% of underground pipelines have been in operation for more than 20 years. This suggests urgent management of buried high pressure gas pipelines. PHMSA in US and EGIG in Europe, major causes of accidents in buried gas pipelines are reported as third party damage, external corrosion and loss of pipe wall thickness. Therefore, it is important to evaluate whether the defects affect the remaining life of the pipe when defects occur in the pipe. DNV and ASME have evaluated the residual strength of pipelines through the hydraulic rupture test using pipe specimens with artifact flaws. Once the operating pressure is known through the residual strength of the pipe, the wall thickness at the point at which the pipe ruptures is calculated. If we know the accurate rate of corrosion growth, we can predict the remaining life of pipe. In the study, we carried out experiments with A53 Grade.B and A106 Grade.B, which account for 80% of domestic buried pipes. In order to modify the existing model equation, specimens with a defect depth of 80% to 90% was tested, and a formula expressing the relationship between defect and residual strength was made.

Rational Allocation of Liability for Damages in Personal Information Infringement by Third Party (제3자의 행위에 의한 개인정보침해사고로 발생한 손해배상책임의 합리적 배분)

  • Yoo, Beeyong;Kwon, Hunyeong
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.231-242
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    • 2020
  • In the case of damages caused by personal information infringement accidents caused by information infringer such as hackers, the information subject will usually claim damages to the information controller rather than the information infringer who is the perpetrator, and the information controller who has been claimed will claim damages again to the information security enterprise that has entrusted the information protection business. These series of claims for damages, which are expected to be carried out between the information subject, the information controller and the information security enterprise, are nothing but quarrels for transferring of liability among themselves who are also victims of infringement. So the problem of damage compensation should be discussed from the perspective of multi-faceted rational distribution of the damages among the subjects who make up the information security industry ecosystem rather than the conventional approach. In addition, due to the nature of personal information infringement accidents, if a large amount of personal information infringement occurs, the amount of compensation can be large enough to affect the survival of the company and so this study insist that a concrete and realistic alternatives for society to share damages is needed.

A Study on the Effect of Rolling stock driver's license training (효과적인 철도차량운전면허 교육훈련에 관한 연구)

  • Youk, Sim-Goan;Jang, Sung-Wyoung
    • Proceedings of the KSR Conference
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    • 2008.11b
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    • pp.1916-1932
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    • 2008
  • The railway accident is characterized by widespread and great(immerse) damage to our society when an accident occurred even if the probability of a railway accident is low. It is no doubt that the role of a rolling stock driver who are active in the first line of the rail safety driving is the most important to prevent an unexpected railway accident. Before new railway safety law being taken into effect, each railway operating organization had the responsibility of training a rolling stock driver by qualification criteria (the requirements or standards of competency), training period, probation period decided on their own standards. To train drivers driving same locomotive model, each railway operating organization had a variety of standards to draft and train trainees. Consequently, It was considered inefficient way to train and manage rolling stock drivers. However, after implementing the new railway safety law, a new system including training and evaluation process to issue driver's license on the condition that entire requirements are satisfied has been established. To prove the competency of the rolling stock driver objectively, training center and third-party evaluation center are divided individually and assigned by government office. Training center should design the training program to allot theatrical education time for different trainee group and to secure maximum practical training time utilizing simulator system to enhance the rolling stock driver's competency. This study analyzes certain conditions necessary to maximize the effectiveness and practical use of training for aquisition of a driver's license and the problems of the existing rail safety law and the ways to improve them.

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The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.