• Title/Summary/Keyword: compensation claim

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A Study on the Oil Pollution Compensation System in Korea (우리나라 유류오염보상제도에 관한 고찰)

  • 서동오
    • Journal of the Korean Institute of Navigation
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    • v.17 no.4
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    • pp.73-87
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    • 1993
  • As a result of accepting the '71 FUND Convention and enforcing the Oil Pollution Compensation Act 1992, we observed some benefits and costa. This paper analyses those benefits and costs and suggests se-veral key policy recommendations for the estasblishment of an effective oil pollution compensation regime in Korea. This paper identifies the said benefits and costs as follows : First, by establishing the oil pollu-tion compensation system as same as the international level, most of small and medium size of oil pollution damage which are caused by coastal tankers will be compensated by FUND. Second, most of oil pollution damage which are not covered by '69 CLC will be compensated by FUND. Third, some parts of FUND Contribution Fee and CRISTAL Contribution Fee to be charged by major oil companies will be doubled. However the limit of international oil pollution compensation system and the loophole outside the Oil Pol-lution Compensation Act 1992 suggest followings : 1) Radical risk management and insurance manage-ment of ocean going tanker owners, 2) Establishment of oil pollution claim settlement system, 3) Enforce-ment of crew and ship management for coastal tanker and 4) Establishment of Korean P & I Club.

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A Study on the Improvement of the Safety Insurance for the Laboratory at the Korean Worker's Compensation Insurance - Focusing on Disability Benefit Pension Type Payment - (산재보험 수준의 연구실안전보험 보장성강화 방안 - 장해보험금 연금형태 지급을 중심으로 -)

  • Song, H.S.;Yee, N.H.;Choi, J.G.;Chun, S.H.;Kim, Jai Jung;Lee, B.H.
    • Journal of the Korean Society of Safety
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    • v.34 no.1
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    • pp.115-121
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    • 2019
  • Background: Due to the diversification and advancement of research, researchers have become to deal with a variety of chemical and biological harmful materials in the laboratories of universities and research institutes and the risk has increased as well. Therefore, it is necessary to strengthen the social safety net for laboratory accidents by strengthening the compensation to the level comparable to that of Korean Workers' Compensation & Welfare Service, when the researchers become physically disabled by laboratory accidents. The purpose of this study is to secure researchers' health rights and to create a research environment where researchers can work with confidence by strengthening the compensation to the level comparable to that of Korean Workers' Compensation & Welfare Service. Method: We analyzed the laboratory accidents by year, injury type, severity of accident and disability grade with the 6 year data from 2011 to 2016, provided by Laboratory Safety Insurance. Based on the analysis result, we predicted the financial impact on Laboratory Safety Insurance if we introduce a compensation annuity by disability grade which is similar to Injury-Disease Compensation Annuity of Korean Workers' Compensation & Welfare Service. Result :As of 2011, the insured number of Laboratory Safety Insurance was approximately 700,000. The Average premium per insured was KRW 3,339 and there were 158 claims. Total claim amount was KRW 130 million, whereas the premium was about KRW 2.3 billion. The loss ratio was very low at 5.75%. If we introduce a compensation annuity by disability grade similar to Injury-Disease Compensation Annuity of Korean Workers' Compensation & Welfare Service, the expected benefit amount for 1 case of disability grade 1 would be KRW 1.6 billion, assuming 2% of interest rate. Given current premium, the loss ratio, the ratio of premium income to claim payment, is expected 41.4% in 2017 and 151.6% in 2026. The increased loss ratio due to the introduce of the compensation annuity by disability grade is estimated to be 11.0% in 2017 and 40.4% in 2026. Conclusion: Currently, laboratories can purchase insurance companies' laboratory safety insurance that meets the standards prescribed by Act on the Establishment of Safe Laboratory Environment. However, if a compensation annuity is introduced, it would be difficult for insurance companies to operate the laboratory safety insurance due to financial losses from a large-scale accident. Therefore, it is desirable that one or designated entities operate laboratory safety insurance. We think that it is more desirable for laboratory safety insurance to be operated by a public entity rather than private entities.

Claim Management during Construction based on Key Claim Management Factors (클레임 핵심관리요인을 기반으로 한 건설공사 중의 클레임 관리)

  • Lee, Jun-Hyung;Lee, Hyun-Soo;Park, Moon-Seo;Kim, In-Ho
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.463-468
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    • 2007
  • The disputes in construction projects are very important issue for stakeholders. However, many of presented claims have not received the compensation money required, and frequently turned down. The most cause is that the claims are not managed systemically on construction. Therefore, it is important to identify which management works are conducted on construction and how significantly do they relevant to construction claim. This research derives key claim management factors through analyzing causes for claim success and failure, and then presents management works relevant to them. This research also proposes the method for effective claim management and its expected effect through expert interview.

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The Study of the First Return-to-work of Injured Workers (산재근로자의 첫 직업복귀기간에 관한 연구)

  • Park, Eun Joo
    • Korean Journal of Social Welfare
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    • v.64 no.4
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    • pp.359-381
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    • 2012
  • This Study aims to investigate the patterns and causes of the time to return-to-work(RTW) of the injured workers. This study collected data with structured questionnaires and finally included 791 injured workers. The Kaplan-Meier method is used for describing the patterns of the time to RTW after the injury and after claim closure. And the Cox regression is used to identify significant factors on the time to RTW after the injury and after claim closure. The results show that amom the all respondents, the 2.65% returned to work within 1 month, 28.82% within 6 months, 50.95% within 1 year, 71.69% within 2 years after the injury, and the 29.46% of the all repondent returned to work before claim closure or directly after the claim closure, the 36.41% returned to work within 1 month, 56.64% within 6 months, 67.54% within 1 year after the claim closure. And the Cox regression results of the time to RTW after the injury show that the time to RTW affected by gender, age, income, the retirement during the treatment, the RTW to the company at injured time, injury type, surgery, the claim duration, disability ratings, vocational training. Also, the Cox regression results of the time to RTW after the claim show that the time to RTW affected by gender, age, income, the return to the company at injured time, disability ratings, vocational training. As a result, some implication and policies are suggested for reducing the time to RTW of the injured workers.

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The Review on reducing slip and other hazards on flooring materials for station (철도역사내 보행위험 방지를 위한 보행로 재료에 관한 고찰)

  • Kim, Jin-Ho;Kim, Min-Hee
    • Proceedings of the KSR Conference
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    • 2007.11a
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    • pp.558-563
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    • 2007
  • Walking passenger injury accidents in and around stations have increased in recent years, and passengers are now more aware of being able to claim compensation for such accidents. Therefore, it is anticipated that station managers and owners will need to take measures to improve the condition of walking areas so that performance objectives are met an the compensation paid for passenger accidents is limited. The aim of this study covers the following: accidents statics and contributory factors, station flooring and footway material, guidance for flooring, and test methods for slipperiness and surface profile.

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Factors Affecting the Level of Self-Perceived Health Recovery among Injured Workers (산재근로자의 주관적 건강회복 수준에 영향을 미치는 요인 분석)

  • Ko, Min-Seok
    • The Korean Journal of Health Service Management
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    • v.9 no.4
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    • pp.183-196
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    • 2015
  • Objectives : The purpose of this study was to analyze the factors affecting the level of subjective health recovery among injured workers. The aim in this study was to find an efficient worker's compensation service for subjective health recovery among injured workers. Methods : From the 1st panel study of worker's compensation insurance, data for 2,000 injured workers was analyzed with SPSS 22.0 and AMOS 22.0. Results : There was a statistically significant difference in the level of self-perceived health recovery depending on socio-demographic characteristics, disability characteristics and medical care services. Factors such as gender, education level, socio-economic level, disability level, claim duration, and treatment duration appropriacy affected the level of self-perceived health recovery. Conclusions : Worker's compensation services should take into consideration the factors that affect the health recovery of injured workers.

Life Cycle Costing: Maintenance and Repair Costs of Hospital Facilities Using Monte Carlo Simulation

  • Kim, Tae-Hui;Choi, Jong-Soo;Park, Young Jun;Son, Kiyoung
    • Journal of the Korea Institute of Building Construction
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    • v.13 no.6
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    • pp.541-548
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    • 2013
  • During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

Study of Legal Issues on Complex Regional Pain Syndrome (CRPS) - Focusing on issues in damage compensation lawsuit - (복합부위통증증후군(CRPS)에 관한 법적 문제 고찰 - 손해배상소송의 쟁점을 중심으로 -)

  • Bae, Hyun-Mo
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.91-116
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    • 2010
  • As Complex Regional Pain Syndrome (CRPS) is a new and rare illness, medical cause for it has not yet been clearly found out. Nevertheless, the patients continue to file lawsuits for damage compensation against wrongdoers or their insurers, claiming that the cause of the illness is certain actions of the wrongdoers. Moreover, the claim amount reaches to hundreds of millions of won through billions of won unlike other illnesses. Therefore, CRPS has become an important legal issue in the damage compensation lawsuit. Even though the wound is slight, the development and result may be serious in the case of CRPS. As a result, a sharp conflict arises even regarding medical diagnosis of CRPS in the lawsuit. And, even if the medical diagnosis of CRPS is admitted, severe debates occurs with regard to many issues, which include the causation between accident and CRPS in connection with establishment of damage compensation liability and scope of liability like anamnesis, determination standard of aftereffect disability, and scope of admitted aftereffect medical expense in connection with scope of damage compensation. In this study, I will review fundamental medical research on CRPS up to now and discuss principal legal issues in the damage compensation lawsuit focusing on lower court rulings.

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Case Study of Blasting Vibration and Noise in Public Resentment Area (민원발생시 발파진동.소음의 처리사례에 관한 연구)

  • 안명석;최영천;박종남;목연수
    • Explosives and Blasting
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    • v.17 no.3
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    • pp.13-22
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    • 1999
  • It Is indispensible to cause vibration, noise and dust to blasting and breaker operations. Since the control of these factors is supposed to be extremely difficult, the claim of compensation for material and mental damages are getting increased. Economically feasible blasting operation with controlling vibration and noise can be achieved by establishment of science-based plan, accurate operation and responsible inspection, and the application of efficient management system. It must also be remarked that the relevant applied without prejudice by the operator, and the law and regulation should be applied without prejudice by the authority concerned. In addition, the public claim against operators should be investigated in detail and the prosecution should be made under the careful onside-ration of scientific and reasonable conception. Finally, it is strongly suggested that the operations, public and authorities should make great efforts to develop higher technology in order to expand our construction market, to overseas.

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The Comprehensive Management Indexes and Their Application Strategies for Appropriate Medical Care in Primary Care Clinics Under Workers' Compensation Insurance (산재보험지정의원 요양급여적정성 종합관리지표 산출 및 적용방안)

  • Bang, Eun Ju;Choi, Eun Sook;Ko, Young
    • Korean Journal of Occupational Health Nursing
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    • v.17 no.1
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    • pp.86-95
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    • 2008
  • Purpose: The objectives for this study are to produce the comprehensive management indexes and find their application strategies for appropriate medical care in primary care clinics under workers' compensation insurance. Method: Data of this study was workers' compensation insurance medical fees claim's data from July 2006 to June 2007. Data were analyzed using SAS 9.1 version by applying descriptive statistics and Pearson's correlation. The indexes such as costliness index(CI), standard medical fee were calculated based on the fourth revision of korean classification of diseases(KCD-4.). Results: The CI, visiting index(VI), outliers index(OI), and medical review adjustment percentage were positively correlated in the both inpatient and outpatient medical fees in primary care clinics under workers' compensation insurance. The major medical specialities were neurological surgery, general medicine, general surgery, rehabitational medicine, and orthopedic surgery. The CIs were slightly high in rehabitational medicine among major medical specialities. The CIs were mostly high in diagnosis, test, anesthesia, and rehabitational assistive device fees among major medical specialities. The CIs were slightly high in Kwangju, Daegu, Daejeon, and Busan districts among district management centers of Korea Workers' Compensation and Welfare Service. Conclusions: We suggest the continuous development of appropriate disease classification system and medical care quality indicators to successfully take root the comprehensive management for appropriate medical care under workers' compensation.

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