• Title/Summary/Keyword: claims for damage

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A Comparative Study on International Compensation System for Marine Environment Damage (해양환경손해 국제배상제도에 관한 비교연구)

  • Cho, Dong-Oh
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.8 no.2
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    • pp.29-37
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    • 2002
  • Since the case of ″Ohio u. The United States, Department of the Interior″, claims for marine environment damage caused by oil pollution have been Increased in the United States. Also European countries have suggested in the Executive Committee of 10pc Fund that 10pc Fund should accept claims for marine environment and several claims for marine environment damage were made to 10pc Fund, but all of which were rejected. In this study, compensation system for marine environment damage caused by oil pollution in the United States and the 10pc Fund were comparatively analyzed and several policy recommendations were suggested.

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A Study on the Appropriate Estimation Method of Oil Pollution Damage for Mariculture Fisheries (유류오염에 의한 양식생물의 적정피해사정방안에 관한 연구)

  • Kang, Young-Joo;Kim, Ki-Soo
    • The Journal of Fisheries Business Administration
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    • v.42 no.1
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    • pp.19-35
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    • 2011
  • This paper tries to show the appropriate estimation method of oil pollution damage for mariculture fisheries. The International Oil Pollution Fund 1992(also known as the IOPC Fund 1992) has made up the Claims Manual to assist claimants by giving a general overview of the Fund's obligation to pay compensation. Section III of the Manual provides more specific information to assist claimants in presenting their claims concerning about economic losses in the fisheries, mariculture and fish processing sectors. The paper tries to suggest reform proposals for current etimation method of damages of maricluture fisheries contaminated by oil spillover using the population biology of living resources charaterized with age distribution.

A Study on the Consumer's Dissatisfaction for the Clothing Product -with YWCA Consumer's claims- (시판 의류제품에 관련된 소비자 불만에 관한 연구 -YMCA 소비자 고발자료를 중심으로-)

  • Choi, Hae Woon;Cha, Ok Seon
    • Journal of the Korean Society of Clothing and Textiles
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    • v.17 no.4
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    • pp.550-564
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    • 1993
  • The purpose of this study is to investigate the consumer's claims related to clothing merchandise. By th origination stage of claims, details of claims, and treatments of claims purchasing places of clothing merchandise, the consumer's claims are analyzed which were lodged to in consumer's complaint center, Seoul YWCA, in 1981-1990. To analyze these data statistically, frequency and percentile are used. The results of analysis for consumer's claims are as next : 1. Concerning the sex distinction, female complainers are more than male complainers. About the age bracket, twenties and thirties are the most numerous. The originations of claims being various. It is laundry and dry cleaning stage out of them that rank first, and total numbers of claims for clothing products continually have increased during 1981-1990. Out of the clothing items, outerwears are of the first rank and formal wear and coat are highest in rank of outerwears. For claims about purchasing places, agency ranked first and market, department store, custome-made and discount store came after in order. 2. Concerning the contents, quality of clothing product ranks first, inferior service, price, contrast, unfair transaction ranks in order. There are claims about quality of clothing product that color change ranks first and damage and form change rank in order. 3. The treatments of claims are that counsel, exchange, refund, repair and correction rank in order.

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CONSTRUCTION DELAY IN INTERNATIONAL PROJECTS: WITH SPECIAL REFERENCE TO GULF AREA CAUSES, DAMAGE ASSESSMENTS AND ENTITLEMENTS

  • Sami Fereig;Nabil Kartam
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.758-763
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    • 2005
  • For international projects in general and the projects in the Gulf area in Particular, the most common cause of construction disputes and claims is construction delay. This paper will present different surveys to identify the causes of delay, the parties responsible, and how delay can be avoided. This paper will outline how these factors impact damage assessment and entitlement. Furthermore, a case study will be presented to show how the responsibility and damages due to delay are assessed and how entitlements are calculated.

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A Study on the Improvement of Damage to Reefer Container Cargo (냉동(冷凍)컨테이너 화물손상(貨物損傷)의 개선방안(改善方案)에 관한 연구(硏究))

  • Park, Sang-Kab;Park, Young-Gil;Shin, Young-Ran
    • Journal of Navigation and Port Research
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    • v.36 no.10
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    • pp.803-810
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    • 2012
  • Since the introduction of reefer container for seaborne transportation, international trade of reefer products has increased continuously with the development of refrigerate technology, increased speed of the ship and change of consumption pattern. Reefer cargo is perishable and sensitive to temperature, humidity compared with general cargo and normally reefer cargo is more valuable than general cargo. Therefore it needs special care for its handling in transit including land and sea in order to prevent cargo damage. However, lots of claims relating to reefer cargo damage rise frequently in workplace. It may increase unnecessary logistic cost and time. The aim of this study is to improve and prevent damage to reefer container cargo in transit for the purpose of benefits to both merchants and carriers to save unnecessary logistic cost and time as well as to contribute to deliver the cargo more safely and efficiently to destination.

A Case Study of Automation Management System of Damaged Container in the Port Gate (항만 게이트의 데미지 컨테이너 관리 자동화 시스템 구축 사례연구)

  • Cha, Sang-Hyun;Noh, Chang-Kyun
    • Journal of Navigation and Port Research
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    • v.41 no.3
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    • pp.119-126
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    • 2017
  • As container vessels get larger, container terminals are also likely to grow. The problem that arises is that the growing volume should be handled in the same amount of time as before. Container terminals are introducing an automation system in order to overcome the limitations of existing manual methods and to continuously reduce operating expenses. Because, Manual handling of carrying containers gate in and out of terminals causes inaccurate data, which results in confusion. An alternative is for containers to be labeled with barcodes that can be scanned into a system with a scanner, but this takes quite a long time and is inconvenient. A RFID system, also known as a gate automation system, can solve these problems by reducing the time of gate management with a technology that detects number identification plates, helping operators more efficiently perform gate management work. Having said that, with this system, when container damage is detected, gate operators make and keep documents manually. These documents, which are insufficient evidence in proving container damage, result in customer claims. In addition, it is difficult for gate operators and other workers to manage containers, exposing them to danger and accidents. This study suggests that if an automation system is introduced at gates, containers can be managed by a video storage system in order to better document damage The video system maintains information on container damage, allowing operators the ability to search for videos they need upon customer request, also allowing them to be better prepared for customer claims. In addition, this system reduces necessary personnel and risk of accidents near gates by integrating a wide range of work.

Analysis of Consumer's Complaints for Clothing Products - In Taejon Area - (의류제품에 대한 소비자 고발실태 분석 - 대전지역을 중심으로 -)

  • Lee, Jung-Soon;Lee, Hyun-Young;Lee, Hyun-Ja;Song, Kyeong-Ja;Kim, Hea-Suk;Seo, Mee-Young;Lee, Soo-In
    • Korean Journal of Human Ecology
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    • v.9 no.1
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    • pp.127-136
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    • 2000
  • The purpose of this study is to investigate the consumer's complaints for clothing products in quality, uses and care. The consumer's complaints that were lodged to in consumer's claim center, Taejon Housewives Classes, from 1997 Jan. to 1999 Mar. were analyzed. The major results were as follows. 1. Complainers are generally females in their thirties and forties. Out of the clothing items, jackets and jumpers are the most part. Periods of uses and prices of accused clothing are less than one year and one hundred thousands won respectively. For claims about purchasing places, department store ranked first. 2. The complaints are mostly claims related to quality of clothing products, for example damage, color change, deformation, pilling and shrinkage. 3. Concerning the results of claim consideration, responsibility's whereabouts is that consumers, manufacturers, launderer rank in order.

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Cases and problems of comprehensive administrative compensation deduction for firefighters: focused on emergency medical service case (소방공무원 행정종합배상공제 사례 및 문제점 - 구급사례 중심으로 -)

  • Kim, Jun-Ho;Hong, Young-Pyo;Kim, Gyoung-Yong
    • The Korean Journal of Emergency Medical Services
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    • v.26 no.1
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    • pp.119-127
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    • 2022
  • Purpose: This study aimed to examine the necessity of administrative compensation insurance and claims cases during the emergency medical service process among administrative compensation insurance cases and suggests problems and improvement measures. Methods: We compared the details of administrative compensation insurance claims of 15 cities and provinces, excluding Seoul and Kwangju, from 2017 to 2020 by requesting details disclosure of the comprehensive deduction for administrative compensation in 17 cities and provinces across the country. Results: A total of 69 cases were compensated through the administrative comprehensive compensation deductions. There were 53 cases of damage that occurred at the field stage, 14 cases at the transfer and hospital stage, and two other cases. Conclusion: The 119 paramedics, which are the perpetrators, should be active in field activities and free from the psychological pressure caused by increased workload and litigation. Active compensation administration is required for damage cases occurring in the firefighting activities context.

Study on Assessment of Damage arising from Breach of Contract for Early Redelivering Vessel of Time Charterers under International Contract of Transport by Sea (국제해상운송계약상 정기용선계약의 조기반선계약위반으로 인한 손해배상액의 산정문제에 관한 연구)

  • Se-Hwan Joo;Nak-Huyn Han
    • Korea Trade Review
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    • v.45 no.1
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    • pp.119-135
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    • 2020
  • It is well-known that if a claim for damage [Note: Damage can be singular or plural] is made based on a breach of contract, calculating the existence and magnitude of certain profits to be deducted based on the damage can be problematic. In the case of a time charter party, even if the early redelivering vessel by the time charterers constitutes a breach of contract, it is still not an exception. In particular, interest in the shipping business seems to be relatively high in terms of how claims for damage by ship owners have been adjusted. In the case of the New Flamenco, there is a debate over whether or not to deduct the difference between the sale price immediately after redelivering the ship and the sale price upon expiration of the contract from the damage based on the breach of contract for the early time charter redelivery vessel. This paper focuses on this case since it appears to be of practical importance and has implications on how to calculate the amount of damage in the case of cancellation for early redelivery vessel in a time charter party.

The Product Defectiveness to Products Liability Claims in China (중국의 제조물책임 관련법규에서의 제조물결함에 관한 연구)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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    • pp.3-26
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    • 2007
  • Product liability law lies at the center of the modem world. This law concerns liability for damages arising from the commercial sale of a product that causes personal injury or property damage because it was defective or falsely represented. One engaged in the business of selling or otherwise distributing products who sells or distributes a defective product is subject to liability for harm to persons or property caused by the defect. In short, product defectiveness is the heart of products liability law. Regardless of the underlying cause of action, the plaintiff in nearly every products liability case must prove that the defendant's product contained an unnecessary hazard that caused the harm. The purpose of this paper is to clarify the meaning of the product defectiveness to products liability claims in China. In China, Product to include most movable personal property, but to exclude services. And a product is defective when, at the time of sale or distribution, it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings.

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