• The Korean Journal of Financial Management
• /
• v.23 no.1
• /
• pp.227-242
• /
• 2006

This paper analyzes insurance crimes using a game theoretic model. In blackmailing cases involving automobile accidents, insurance criminals deliberately induce innocent drivers(victims) to commit a moving violation such as crossing over the center dividing yellow line, and collide with the victims. After the collision, the criminals and the victims effectively engage in a bargaining game over the amount of the settlement for the damage. Because the penalty for that kind of moving violation is very severe (even criminally prosecuted), the victims do not have much bargaining power. Exploiting the weak bargaining power of the victims, the criminals demand and receive huge compensation (including settlement) from the victims. In the model, it is shown that under the current law agents have perverse incentives leading to insurance crimes. The criminals have incentive to induce car collisions and extract huge settlement from the victims. Based on the analysis, it is suggested that lowering the severity of penalty for certain kind of violation may be needed to prevent insurance crimes, in addition to increasing the crime investigation activities and strengthening punishment for insurance criminals.

• The Korean Society of Law and Medicine
• /
• v.18 no.2
• /
• pp.3-46
• /
• 2017

Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

• Journal of Arbitration Studies
• /
• v.21 no.2
• /
• pp.27-46
• /
• 2011

In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

• Korean Security Journal
• /
• no.37
• /
• pp.51-82
• /
• 2013

Traffic safety has been dramatically enhanced thanks to recent improvements in traffic environment. Nonetheless, many traffic accidents occur due to unchanging driving practices. Therefore, this study addresses the issues of traffic fine and penalty fine policies, and seek appropriate levels of traffic fines through a public attitude survey. For this purpose, a survey was conducted on 905 adult drivers over 20 years of age from 15 provinces and metropolitan cities. Analysis results are as follows. First, traffic environment in South Korea is generally not safe. Respondents perceive violation of traffic laws such as reckless driving, speeding and drunk and driving as an important cause. Second, 61.6% of respondents experienced over one speeding annually, but only 15.2% of respondents were caught in the last three years. Third, opposition to levels of traffic fines has decreased over the past, and responses were more positive when more information was provided. Fourth, to deter moral hazard of paying traffic fines to avoid traffic penalty points, traffic fines should be at least 50,000~70,000 won higher than penalty fines. Fifth, there was less opposition to implementation of accumulated penalty policy compared to income-based differential fine levels. Sixth, traffic fines for different types of traffic violations need to be reorganized. In conclusion, this study suggests the following policy improvements for the current traffic fine and penalty fine policies for violation of traffic laws. First, enough understanding and consensus must be developed for policy improvements. Second, administrative sanctions such as giving penalty points should be considered rather than financial sanctions. Third, there should be policy improvement for accumulative penalty. Current acts of traffic law violation should be reorganized.

• Journal of Digital Convergence
• /
• v.14 no.8
• /
• pp.11-18
• /
• 2016

The purpose of this study is to compare the differences in human rights perception between people with disabilities and staffs in the disabled residential facilities. Using data from the '2014 Human Rights Survey on Disability in the Disabled Residential Facilities' for 602 facilities, the study compared their perception of human rights(16 items), including human rights guarantee(12 items) and human rights violation(4 items). Result showed that the rate of perception for human rights guarantee and violation(except staff violation) of staffs was higher than people with disabilities(p<.05). This study demonstrated that there were significant differences in human right perception between people with disabilities and staffs. The cause of this difference would be the conflict between roles of staff and needs of person with disabilities, absence of human rights indicators by mutual consent between the two. Our findings suggested a need for study on strategies to solve gap of perception between the two, such as integrated human rights education, developing consensual human rights indicators.

• Informatization Policy
• /
• v.25 no.3
• /
• pp.95-115
• /
• 2018

This study aims to examine organization members' intention to violate security policies based on the Person-Environment Fit Model. This study investigated the effect of the relationship between organizational security environment and the individual security value on the intention of organizational security policy violation. The security environments are classified into the organizational information security culture and peers' behavior of security compliance, while the personal values are classified into reconstructing the conduct, distorting the consequence, and devaluing the organization as presented in the moral disengagement theory. Based on the concept of the moral disengagement theory, we measured the individual security values as a second order factor. This study found that the information security culture had a statistically significant impact on devaluing the organization, but did not have as much impact on reconstructing the conduct and distorting the consequence. Peers' behavior of security compliance had a significant impact on reconstructing the conduct, distorting the consequence and devaluing the organization, all of which also had relevant impact on the organizational members' intention of security policy violation.This study measured a persons' perception on security policy breach by presenting scenarios of password sharing that is common in many organizations. This study is expected to make practical contributions, as it deals with challenges that many organizations are actually faced with.

• Management & Information Systems Review
• /
• v.31 no.4
• /
• pp.33-56
• /
• 2012

The purposes of this paper are analysed the relationship between environmental regulation and financial performance in Korea. The financial performance of listed companies and Outside Auditing firms was evaluated by logistic regression. First, R&D investment is proportionally correlated with the ability to comply with environmental regulations. It can be explained increase of investment in R&D causes enhancement of compliance of environmental regulations with development of environmental technology. Second, statistical significance is not observed between financial aspects such as current ratio, debt-to-equity ratio, cash flow, and operating profit margin and the ability to comply with environmental regulations. It indicates high financial performance could not directly lead investment for the ability of that. Third, in terms of structural aspects, firm size and employees have a reliable correlation with compliance with environmental regulations due to high attention of larger firms for PR, and IR, while capital intensity and gravity, and exports do not. Finally, violation of environmental regulations is not affect by the controlling shareholder ownership.

• The Journal of The Korea Institute of Intelligent Transport Systems
• /
• v.18 no.1
• /
• pp.14-26
• /
• 2019

For bus drivers' safe driving, a policy that analyzes the causes of the drivers' traffic accidents and then assists their safe driving is required. Therefore, the Ministry of Land, Infrastructure and Transport set up its plan to gradually expand the equipping of commercial vehicles with FCWS (Forward Collision Warning System) and LDWS(Lane Departure Warning System), from the driver-supporting ADAS(Advanced Driver Assistance Systems). However, there is not much basic research on the analysis of bus drivers' traffic accidents in Korea. As such, the time is appropriate to research what is the most necessary ADAS for bus drivers going forward to prevent bus accidents. The purpose of this research is to analyze how serious the accidents were in the different bus routes and whether the accidents were repetitive, and to give recommendations on how to support ADAS for buses, as an improvement. A model of ordered logit was used to analyze how serious the accidents were and as a result, vehicle to pedestrian accidents which directly affected individuals were statistically significant in all of the models, and violations of regulations, such as speeding, traffic signal violation and violation of safeguards for passengers, were indicated in common in several models. Therefore, the pedestrian-sensor system and automatic emergency control device for pedestrian should be installed to reduce bus accidents directly affecting persons in the future, and education for drivers and ADAS are to be offered to reduce the violations of regulations.

• KSCE Journal of Civil and Environmental Engineering Research
• /
• v.26 no.4D
• /
• pp.671-678
• /
• 2006

In this study, to describe vehicle-structure dynamic interaction phenomena with 1/4 vehicle model, nonlinear Hertzian contact spring and nonlinear contact damper are adopted. The external loads acting on 1/4 vehicle model are selfweight of vehicle and geometry information of running surface. The constraint equation on contact surface is implemented by the Penalty method with stabilization and the reaction from constraint violation. To describe pitching motion of various vehicles two types of the displacement constraint equations are exerted to connect between car bodies and between bogie frames, i.e., the rigid body connection and the rigid body connection with pin, respectively. For the time integration of dynamic equations of vehicles and structure Newmark time integration scheme is adopted. To reduce the error caused by inadequate time step size, adaptive time-stepping technique is also adopted. Thus, it is expected that more versatile dynamic interaction phenomena can be described by this approach and it can be applied to various railway dynamic problems with low computational cost.

• Korean Journal of Culture and Arts Education Studies
• /
• v.9 no.3
• /
• pp.45-61
• /
• 2014

Recently, there is a discussion about culture theory in the area of traffic safety regulation. It has the view that the subject of criticism, etc. by drivers' regulation interpretation, awareness about the danger of regulation violation and nonacceptance of regulation can be changed according to the way drivers' cultural bias was formed. According to the culture theory, fundamental views of the world in particular social relations surrounding individuals, world view or cosmology, are formed and the world view makes an effect on individual behavior and attitude. In this context, cultural cognition and cultural learning theory which are suggested in Christoph Wulf's study on historical-cultural anthropology provide new approach toward this phenomenon. According to his insistence, core mechanisms which can explain cultural cognition and cultural learning are systematized by five things; physical characteristic, mimesis, performance theory, rite and image. The purpose of this research is to investigate the changes by the way Korean people cognize traffic regulations culturally and experiences of traffic regulation violation through the analytic frame of Christoph Wulf's five core mechanisms. To achieve it, cognition of traffic culture was analyzed by analytical phenomenology for drivers who had been educated due to their violation of traffic regulations. Value, lifestyle and practicing methods which are pursued by people work in sociocultural context rather than are influenced by cognitive structure of individuals.