• Journal of the Korean Institute of Navigation
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• v.25 no.2
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• pp.195-205
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• 2001

It has been over seven years since Maritime Code of the Peoples Republic of China (hereinafter called the Code) came into force on July 1st 1993. During this period it has played a very important roll in governing Chinas ocean shipping. However, owing to the defects of the Code, many problems have arisen in the performance of the Code, among which is the problem related to delay in delivery. Therefore, it is necessary and inevitable to revise the Code. This study is limited to a rough study on the regulations related to delay in delivery in the Code, such as the definition of delay in delivery, the carriers responsibility for delay in delivery, the carriers exemption from responsibility for delay in delivery, the limitation of responsibility, the procedures of claims for delay in delivery and the difference of the Code from the Korea Commercial Law, the Hague Rules, the Hague-Visby Rules and the Hamburg Rules. Furthermore, some defects in the Code are pointed out and suggestions are provided for the revision of the Code.

• The Journal of the Convergence on Culture Technology
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• v.9 no.3
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• pp.257-262
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• 2023

Recently there are increasing number of claims that it is necessary to build a countermeasure in case of aggressive threats by small drones. During Russia-Ukraine war ignited by Russian invasion on February 2022, attacking drones have been being used widely to damage other country's national major facilities. On December 2022, 5 drones sent by North Korea made a flight around Seoul, South Korea about 7 hours, but it was not successful to search and track them. Furthermore, none of these were destroyed and shot down. Counter-drone system is essential system to search and identify unintended small drones and disable them. This paper is for proposing required functions for building a counter-drone system for national major facilities. We conducted focus group interviews with relevant government officials and analyzed their suggestions on how to augment protection capabilities to defend against small drone attacks.

• Journal of Arbitration Studies
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• v.10 no.1
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• pp.92-113
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• 2000

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. The goal of products liability system should be to maximize consumer welfare by efficiently providing just compensation for injuries incurred and deterring future injuries without unreasonably impeding the supply of the goods and services to consumers. Some advanced countries, apart from relying on products liability systems, also apply other policies and legislation directly aimed at the safety of the consumer. The application of general safety policies as well as products liability rules is not costless. An efficient system will not eliminate risk from society. An efficient system ... that maximises consumer welfare ... maximises the benefits while minimising the costs. Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction where the claim is based. In view of international business and law circumstances, it should be stressed that international enterprises in Korea should consider how to cope with the situation of international transaction. International enterprises should have a correct perception about products liability which is to contribute the stabilization and improvement of the people's life and the sound develpement of the national economy. Products liability system creates incentives that influence behaviour and performance in ways that are desirable, such as more diligent monitoring to prevent defective products from reaching the market-place. At the same time, any liability system will impose burdens that are undesirable, such as greater costs imposed on business and consumers and reduced avaiability of consumer goods. The concern for society is to balance. The ideal situation is where the cost imposed on producers of goods and services pushes them to a desirable level of care but not so far that producers reach undesirable level of caution that may deprive consumers unnecessarily of the benefits from new and innovative products.

• Journal of Navigation and Port Research
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• v.26 no.1
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• pp.66-77
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• 2002

Generally hull insurance is undertaken by mean of a contract of hull insurance. A contract of hul1 insurance here is a contract whereby the insurer undertakes to indemnify the assured against the loss and damage to the vessel mused by maritime perils. A contract of hull insurance is consists of printed main insurance clauses and a clause includes many sub-clauses. Now the Institute Time Clauses-Hulls (hereunder refer to as "English hull insurance clauses"made by the Institute of London Underwriters is much used as the standard from or basic from by many countries ail over the world Now Korean insurance companies hue not made our their own hull insurance clauses, they have just adopted the made-out English hull insurance clauses and the english law and practice to solve the problem related to marine insurance. On the other hand, the United States of America and Japan have made out their own hull insurance clauses based on English hull insurance clauses and used the clauses for many years. Now American is using American Institute Hull Clauses(hereunder refer to as "American hul1 insurance clauses"as its own clauses which was made out by American Institute of Marine Underwriters in 1977 and Japan is also wing its own clauses named Japanese Hull Standard Clauses(hereunder refer to as "Japanese hull clauses") which was made out by japanese Hull Insurance Association in 1990. Therefore the purpose of this study is not only to make a comparative study on English hull insurance clauses 1995, American hull insurance clauses 1977 and Japanese hull clauses l990, but also to supply on some legal materials necessary for Korea to establish and perform our own hull insurance clauses.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.46 no.2
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• pp.72-81
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• 2023

This research proposes a novel approach to tackle the challenge of categorizing unstructured customer complaints in the automotive industry. The goal is to identify potential vehicle defects based on the findings of our algorithm, which can assist automakers in mitigating significant losses and reputational damage caused by mass claims. To achieve this goal, our model uses the Word2Vec method to analyze large volumes of unstructured customer complaint data from the National Highway Traffic Safety Administration (NHTSA). By developing a score dictionary for eight pre-selected criteria, our algorithm can efficiently categorize complaints and detect potential vehicle defects. By calculating the score of each complaint, our algorithm can identify patterns and correlations that can indicate potential defects in the vehicle. One of the key benefits of this approach is its ability to handle a large volume of unstructured data, which can be challenging for traditional methods. By using machine learning techniques, we can extract meaningful insights from customer complaints, which can help automakers prioritize and address potential defects before they become widespread issues. In conclusion, this research provides a promising approach to categorize unstructured customer complaints in the automotive industry and identify potential vehicle defects. By leveraging the power of machine learning, we can help automakers improve the quality of their products and enhance customer satisfaction. Further studies can build upon this approach to explore other potential applications and expand its scope to other industries.

• Quality Improvement in Health Care
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• v.29 no.2
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• pp.15-31
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• 2023

Purpose: This study aimed to identify the characteristics of patient safety incidents (PSIs) related to nursing and to provide primary data for preventing the recurrence of similar incidents. Methods: This secondary analysis study included damage claims rulings filed for clinical negligence from 2014 to 2018 that contained the keyword 'nurse'. It excluded judgments irrelevant to nursing care and in which clinical negligence or causal damages were overruled. A total of 93 cases were analyzed. The characteristics of PSIs were derived through descriptive statistics, and two instances of nursing-related PSIs were examined by qualitative content analysis focusing on root causes. Results: The analysis of PSIs related to nursing suggested that the medical institutions where the PSIs occurred most frequently were hospitals, and the most common types of PSIs were medication, surgery, and treatment/procedure, in that order. In addition, it indicated that nursing-related PSIs occurred most frequently in general wards during the day shift, with the most common related nursing practice being managing potential risk factors. The qualitative analysis showed that careless monitoring and institutional inertia were causes of PSIs. Conclusion: To prevent nursing-related PSIs, nurses need to individually monitor and assess patient conditions. In addition, support should be accompanied by the improvement in the systems in place aimed at preventing the recurrence of nursing-related PSIs at the institutional and national level, such as securing appropriate nursing personnel and improving labor conditions.

• International Commerce and Information Review
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• v.15 no.2
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• pp.285-313
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• 2013

By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.3-26
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• 2007

This article attempts to describe and analyze discussions on the matter of ex tunc effect or a ex nunc effect of rescission under Korean law in comparison with those under the CISG). In addition, it tries to scrutinize the various rules on the right to damages as an effect of rescission in a comparative way. Furthermore, it compares the various rules of Korean law with the CISG as to the right to damages and evaluates them in light of the discipline of comparative law. It maintains that the liquidation theory in Korean law is more close to the CISG in that there is no ex tunc effect in rescission and in other aspects. It also argues that the construction of the effects of rescission in accordance with the liquidation theory is more plausible when one considers Korea is one of the contracting states of the CISG. In addition, the theoretical analysis and the comparative study with the CISG shows that the insistence of ex nunc effect and its interpretation on the scope of damages extends to damages for expectation interest. It is also submitted that the position under the CISG on the assumption of ex nnuc effect, is regretted in that the restitution in value of the goods in the event of impossibility of the physical restitution is not allowed in some cases which the damage claims can not be awarded for the seller due to the application of the CISG Art. 79.

• Wind and Structures
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• v.34 no.2
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• pp.231-257
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• 2022

Transmission lines systems are important components of the electrical power infrastructure. However, these systems are vulnerable to damage from high wind events such as hurricanes. This study presents the results from a 1:50 scale aeroelastic model of a multi-span transmission lines system subjected to simulated hurricane winds. The transmission lines system considered in this study consists of three lattice towers, four spans of conductors and two end-frames. The aeroelastic tests were conducted at the NSF NHERI Wall of Wind Experimental Facility (WOW EF) at the Florida International University (FIU). A horizontal distortion scaling technique was used in order to fit the entire model on the WOW turntable. The system was tested at various wind speeds ranging from 35 m/s to 78 m/s (equivalent full-scale speeds) for varying wind directions. A system identification (SID) technique was used to evaluate experimental-based along-wind aerodynamic damping coefficients and compare with their theoretical counterparts. Comparisons were done for two aeroelastic models: (i) a self-supported lattice tower, and (ii) a multi-span transmission lines system. A buffeting analysis was conducted to estimate the response of the conductors and compare it to measured experimental values. The responses of the single lattice tower and the multi-span transmission lines system were compared. The coupling effects seem to drastically change the aerodynamic damping of the system, compared to the single lattice tower case. The estimation of the drag forces on the conductors are in good agreement with their experimental counterparts. The incorporation of the change in turbulence intensity along the height of the towers appears to better estimate the response of the transmission tower, in comparison with previous methods which assumed constant turbulence intensity. Dynamic amplification factors and gust effect factors were computed, and comparisons were made with code specific values. The resonance contribution is shown to reach a maximum of 18% and 30% of the peak response of the stand-alone tower and entire system, respectively.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.63-89
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• 2014

In 1976, the Dalkon Shield-intrauterine device injured several thousand women in U.S.A. which caused the changes of medical deivce regulation. The Medical Device Regulation Act or Medical Device Amendments of 1976 (MDA) was introduce. As part of the process of regulating medical devices, the MDA divides medical devices into three categories. The class II, and III devices which have moderate harm or more can use the section 510 (k), premarket notification process if the manufacturer can establish that its device is "substantially equivalent" to a device that was marketed before 1976. In 21 U.S.C. ${\S}$ 360k(a), MDA introduced a provision which expressly preempts competing state laws or regulations. After that, the judicial debates had began over the proper interpretation and application of Section 360(k) In February 2008, the U.S. Supreme Court ruled in Riegel v. Medtronic that manufacturer approved by the Food and Drug Administration (FDA)'s pre-market approval process are preempted from liability, even when the devices have defective design or lack of labeling. But the Supreme Court ruled in Medtronic Inc. v. Lora Lohr that the manufactures which use the section 510 (k) process cannot be preempted and in Bausch v. Stryker Corp. that manufactures which violated the CGMP standard are also liable to the damage of patient at the state courts. In 2009, the Supreme Court ruled in Wyeth v. Levine that patients harmed by prescription drugs can claim damages in state courts. This may cause a double standard between prescription drugs and medical devices. FDA Preemption is the legal theory in the United States that exempts product manufacturers from tort claims regarding Food and Drug Administration approved products. FDA Preemption has been a highly contentious issue. In general, consumer groups are against it while the FDA and pharmaceutical manufacturers are in favor of it. This issues also influences the theory of product liability of U.S.A. Complete immunity preemption is an issue need to be more declared.