• 항공우주정책ㆍ법학회지
• /
• 제5권
• /
• pp.101-118
• /
• 1993

Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

• 무역상무연구
• /
• 제65권
• /
• pp.71-94
• /
• 2015

The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

• 한국항공우주법학회:학술대회논문집
• /
• 한국항공우주법학회 2008년도 제40회 국제학술발표대회
• /
• pp.273-294
• /
• 2008

Korea now has a rapidly expanding 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 1987, a Space Development Promotion Act in 2005 and a New 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 draft for the establishment of a new Korean National Space Development Agency (KNSDA: 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, China Aerospace Science and Industry Corporation, 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. A call is made for Asian countries to unite and further their space development through a regional space agency.

• 정보보호학회논문지
• /
• 제22권6호
• /
• pp.1283-1292
• /
• 2012

최근 택배산업의 성장과 물량이 급격히 증가하면서 피해 사례가 계속해서 늘어나고 있다. 현재 택배서비스 이용 시 피해가 발생한 경우 책임소재 입증불가 및 사업자의 책임회피로 택배 이용 고객들은 피해보상을 제대로 받지 못하고 있다. 특히 운송물 분실 시 택배사업자와 수하인 또는 대리인의 책임소재를 입증할 수 있는 증거자료가 부족하기 때문에 책임이 불명확하고 책임소재 파악을 위하여 많은 시간이 소요된다. 이를 사전에 방지하기 위해서 관련된 증거를 생성, 수집, 유지, 활용, 입증 등이 반드시 필요하다. 본 논문에서는 택배 운송장에서 발신자 정보와 수신자 정보를 암호화 및 코드화하여 개인정보를 보호한다. 또한, 피해 사례 발생 시, 정의된 발신 코드 및 수신 코드를 이용하여 발신 배송 수신에 대한 명확하고 신속한 책임 소재 파악이 가능하도록, 효율적이고 안전한 부인방지 프로토콜을 제안한다.

• 대한토목학회논문집
• /
• 제38권5호
• /
• pp.741-749
• /
• 2018

본 연구는 건설공사 입찰담합으로 인한 손해액 산정에 대하여 합리적이고 과학적인 산정모델을 제시하는데 목적이 있다. 입찰담합 손해액 산정에 대한 선행 연구 및 판결 사례 등을 검토한 결과, 대표적인 문제점으로 낙찰자 결정기준 등의 특성에 대한 충분한 고려가 부족하고 부적정한 비교표준시장의 선택, 가상경쟁가격 영향 인자의 적정성 검토 부족 및 산정모델에 대한 검증의 결여 등이 나타났다. 이러한 문제점을 개선하기 위하여 대안입찰공사를 대상으로 한 손해액 산정모델을 제시하였다. 산정모델은 첫째, 낙찰자 결정기준 등에 부합하는 표준시장을 선정하고 둘째, 가상경쟁가격의 영향 인자에 대한 상관관계를 분석 적합인자를 선택하였으며 셋째, 선택 인자의 회귀분석을 활용하여 모델을 도출하였다. 마지막으로, 제시한 모델에 대한 적합성, 유의성 및 정규성 등의 검증과 실제 담합 사례를 적용하여 실증하였다. 본 연구에서 제시한 산정모델을 통하여 소송 당사자 일방에게 부당한 손해액 부담의 문제점을 해소하고 분쟁을 조기에 해결하게 하여 관계자 모두의 기회손실 등을 방지하는데 기초가 되고자 한다.

• 무역상무연구
• /
• 제34권
• /
• pp.77-108
• /
• 2007

The traditional name given to the insurance of third party liabilities and certain contractual liabilities which arise in connection with the operation of ships is protection and indemnity(P & I) insurance. P & I insurance is very different from traditional hull and machinery insurance in that shipowners' hull and machinery insurance is designed primarily to protect the assured against losses to his vessel, whereas P & I insurance seeks to indemnify an shipowner in respect of the discharge of legal liabilities he has incurred in operating his own vessels. This study is to examine the background of establishment of British P & I clubs md, therefore, the identity of P & I insurance. The present British P & I clubs are the remote descendants of the many small and local hull mutual insurance clubs that were formed by British shipowners in the end of 18th century. At that time, British shipowners were dissatified with the state of marine insurance market and, therefore, established clubs together in mutual hull insurance clubs. After the removal of the company monopoly in 1824, greater competition had a good effect on the rates, terms of cover and service offered by the commercial marine insurance market and by Lloyd's underwriters, and the hull clubs became less necessary and went into decline. The burden of British shipowners on liabilities to third parties was steadily increased after the middle of the 19th century, but the amount insured under hull policy was limited in the insured value of the ship. Eventually, the first protection club, that is, the Shipowners' Mutual Protection Society was formed in 1855. It was designed to like past mutual hull clubs, but to cover liabilities for loss of life and personal injury and also the collision risks excluded from the current marine policies, particularly the excess above the limits in hull policies. In 1870, the risks of liability for loss of or damage to cargo carried on board the insured ship was first awarded by the British shipowners. After 1874, many protection clubs formed indemnity club to cover the risk of liability for loss or damage to cargo. As mentioned above, British P & I clubs have been steadily changed according to the response of shipowners under the rapidly changing law of British shipowners' liability, and so on in the future.

• KSII Transactions on Internet and Information Systems (TIIS)
• /
• 제11권6호
• /
• pp.3230-3253
• /
• 2017

Android malware steals users' private information, and embedded unsafe advertisement (ad) libraries, which execute unsafe code causing damage to users. The majority of such traffic is HTTP and is mixed with other normal traffic, which makes the detection of malware and unsafe ad libraries a challenging problem. To address this problem, this work describes a novel HTTP traffic flow mining approach to detect and categorize Android malware and unsafe ad library. This work designed AndroCollector, which can automatically execute the Android application (app) and collect the network traffic traces. From these traces, this work extracts HTTP traffic features along three important dimensions: quantitative, timing, and semantic and use these features for characterizing malware and unsafe ad libraries. Based on these HTTP traffic features, this work describes a supervised classification scheme for detecting malware and unsafe ad libraries. In addition, to help network operators, this work describes a fine-grained categorization method by generating fingerprints from HTTP request methods for each malware family and unsafe ad libraries. This work evaluated the scheme using HTTP traffic traces collected from 10778 Android apps. The experimental results show that the scheme can detect malware with 97% accuracy and unsafe ad libraries with 95% accuracy when tested on the popular third-party Android markets.

• 한국중재학회지:중재연구
• /
• 제17권2호
• /
• pp.189-219
• /
• 2007

Mediation is type of intervention in which the disputing parties accept the offer of the judge or a third party to recommend a solution for their controversy. Mediation differs from arbitration in being a voluntary resolution rather than a judicial procedure. Thus, the parties to the dispute are not bound to accept the mediator's recommendation. Resort to mediation has become increasingly frequent for civil disputes. Mediation has been successful in many cases of civil conflict. Mediation has become increasingly important for monetary disputes as well, particularly in damage cases. While most people consider mediation a far superior experience to court, everything I tell you a mediator should not do is something that at least one mediator I have dealt with has done to a client. In theory, a mediator should never share anything you tell him or her without your permission. In theory a mediator should not "spring" evaluations on anyone in a mediation without your permission (e.g. a mediator should never say "your case is worth \OOOO and I just told the other side that). In theory a mediator should not browbeat or threaten you. At the end, usually about 55% of the time with a good mediator in Kwangju Appellate Court in 2003, the parties reach an agreement that is in their best interests. If they decide to sign off on a signed agreement, the signed agreement is binding. I obviously feel mediation is a very good thing and the numbers and surveys bear me out. This article is written about how mediation is proceeded, what is the realities, what is the problem and what is the activating way. For this study, I research with legal sociological approach using Korean Judicial Year Boot judicial document and my experience as meditator in Kwangju District Court.

• 무역상무연구
• /
• 제63권
• /
• pp.111-132
• /
• 2014

This paper analyzed the obligations of the parties entering into an international leasing agreements, focusing on the Draft Common Frame of Reference (DCFR) Book IV, Part B. The lessor's obligations are as follows. i) The lessor must deliver goods to the lessee by the due date of delivery so that the lessee can use the goods on the starting date of the lease agreement. ii) The lessor must conform with the contract so that the goods meet the purpose of the contract at the start of the lease agreement and throughout the period of the lease agreement. iii) If the lessee returns the goods upon the termination of the lease agreement, the lessor must cooperate with the lessee. The lessee's obligations are as follows. i) The lessee must pay rent, which is the most critical obligation of the lessee. ii) The lessee must cooperate with the lessor so that the lessor can perform the obligation to deliver the goods and accept the goods of which the lessee shall take control. iii) The lessee shall perform fiduciary duties while it uses and makes profits from the goods, and when the lessor cannot take any measure to protect the object, the lessee must prevent damage. Further, if the lessor pays expenses that are not considered necessary expenses, the lessor may not be reimbursed and must accept the goods after delivery to preserve them. iv) The lessee must give notice to the lessor if there is a possibility that a third party can claim rights to goods or infringe upon the lessor's ownership while using the goods. v) At the end of the lease period, the lessee must return the goods to the lessor.

• 방사성폐기물학회지
• /
• 제13권4호
• /
• pp.271-282
• /
• 2015

외부비용은 재화나 서비스가 생산 또는 소비되는 과정에서 제3자에게 부과되는 비용이다. 원자력 발전을 통한 전력생산에도 외부비용이 발생하며 이들에 대한 연구가 1990년대부터 진행되어 왔다. 비용은 정책결정에 중요한 요소로 전력 생산에 대한 비용 비교를 위해 외부비용이 고려되고 있다. 핵연료주기에서도 선택에 따라 다른 외부비용이 발생되지만 이에 대한 연구는 진행되고 있지 않다. 본 연구에서는 핵연료주기 외부비용 평가 방법 개발을 위해 원자력 발전에 대한 외부비용 평가방법을 조사하고 분석하였다. 후쿠시마 사고 이전에는 외부비용 연구들은 정상 운전 상태에서의 손상 비용에 초점을 두었다. 그러나 사고 이후 사고비용이 주요 주제가 되었다. 사고비용을 포함한 외부비용 범위는 여러 연구들에서 다양하게 사용되었으며 범위에 맞춰 다른 방법들이 적용되었다. 본 연구에서는 이러한 결과들이 비교되었으며 핵연료주기에 따른 외부비 용 추산에 방법적 적용성 판단을 위해 분석되었다.