• Title/Summary/Keyword: compensation for damage

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A Study on the Realization of Dust Damage Compensation Calculation for the Prevention of Dust Damage in Construction Site (공사장 먼지피해 예방을 위한 먼지피해 배상액 산정 현실화 방안 연구)

  • Kim, Jinho
    • Journal of the Society of Disaster Information
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    • v.18 no.2
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    • pp.374-385
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    • 2022
  • Purpose: Even if a damage is applied to the dust of the construction site containing the first-class carcinogen, it is dismissed or 5~30% of the amount of noise damage compensation is paid., Because of such loopholes, some construction companies are neglecting the dust management of the construction site, and the damage of the workers and the residents in the construction site continues. Method: The purpose of this study is to examine the problems of the calculation criteria of damage compensation amount of construction site dust, the measurement of dust concentration, the analysis of measurement data (the data of electric signboard measuring device by the mining scattering method), the prediction and evaluation methods such as modeling, and to suggest improvement measures. Result: It is found that it is impossible to calculate the amount of damages from dust damage in the construction site by calculating the current dust damage compensation amount and dust concentration modeling and measurement. Conclusion: It will receive an application for compensation for damage within the site where damage is expected (about 100m in the straight line and the boundary line of the site), and present a method of calculating the amount of compensation that differentially evaluates dust damage to the degree of dust management and compliance with dust-related legal standards.

A Study on the Reform Measures for the Act on the Acqusition of Land for the Public Undertakings and Compensation : Focused on the Case of Harbor Construction ("공익사업을 위한 토지 등의 취득 및 보상에 관한 법률"에 의한 어업보상 적용사례와 문제점 및 개선방안에 대한 연구 : 항만 개발사업을 중심으로)

  • Moon, Jeong-Gab;Kang, Yong-Joo
    • The Journal of Fisheries Business Administration
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    • v.37 no.3 s.72
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    • pp.85-108
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    • 2006
  • The government enforced 'Act on the acquisition of land for the public undertakings and compensation' commenced on the 1st of January 2003 to faithfully protect the property right of people and to scheme the effiecient drive of public works by systematizing the procedures and the standards of compensation and reforming irrational systems. The previous act regulated to compensate a rightful person of fishery right, who is in a nearby area of public works enforcement zone for actual loss according to the level of damage. On the contrary, as for the fishery damage happened at the outside of public works enforcement zone, the act regulates to compensate for a loss when it is actullay occurred and affirmed. So, the related act was amended as, so called, Post Factum Compensation. With regard to the Post Factum Compensation regulation for the fishery damage occurred at the outside of this public works enforcement zone, many objections and problems are raised as it is not clearly understood of the nature of the fishery compensation. However, this paper is not intended to mention the right or wrong of the current law, but to discuss the problems or remedies of 'Act on the acquisition of land for the public undertakings and compensation' after examining cases of public works which was enforced for the fishery compensation within the current law.

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The Study on Satisfaction of the Damage Compensation Caused by the Released Asiatic Black Bear (반달가슴곰 피해에 대한 보상 만족도 연구)

  • Kim, Bo-Hyun;Kim, Young-Geun;Yang, Doo-Ha;Skripova, K.V.;Lee, Kyong-Jae
    • Korean Journal of Environment and Ecology
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    • v.22 no.5
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    • pp.536-543
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    • 2008
  • This study was carried out to review the satisfaction with compensation for damage caused by the released Asiatic Black Bears into the whole area of Jirisan National Park and to offer basic data for reasonable conflict management with local community. A questionnaire survey was conducted from Jun. 2007 to Dec. 2007 on 93 subjects who got their compensations for the bear damage from 2004 until 2007. The results stayed at a middle level of satisfaction with the proper damage indemnity program with as mean $3.14{\pm}0.85$ points on the basis of 5 point scale. The satisfaction with compensation was found to have a significant correlation with the factors, such as income levels, whether to agree to restoration project, compensation money and compensation procedures. The compensation plan through the Animal Damage Compensation Consultation Committee was accepted positively(mean: $3.3{\pm}0.9$); however, to the compensation plan for the 80% compensation of actual amounts of bear damage, was acknowledged negatively(mean: $2.6{\pm}1.11$).

Study on the North Korean Law in Estimating the Damages caused by Personal Injury (북한법상 인신사고에 대한 손해액 산정기준)

  • Hyun, Dooyoun
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.47-82
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    • 2019
  • Inter-Korean exchanges and cooperation, in the process, will inevitably lead to various legal disputes, one of which is the issue of compensation for personal injury. The purpose of this study is to present the standards of settlement of disputes between the residents of North and South Korea by examining the North Korean compensation law on the calculation of damages due to personal injury and comparing it with the South Korean compensation law. Understanding the North Korean compensation law is a critical and urgent task, as exchanges and cooperation between the two Koreas are expected to increase in the future. For the South Korean compensation law does not have specific provisions on the estimation of damages, the specific methods and standards for estimating damages are determined by court precedents. The South Korean courts categorize the damages caused by personal injury into active property damages, passive property damages and emotional distress damages and calculate the amount of each damages. On the other hand, the North Korean Compensation for Damage Act stipulates the categories of damage by dividing the cases of personal injury into 1) infringement of health(§41), 2) disability due to infringement of health(§42), and 3) death resulting from human infringement(§44). In addition, the North Korea Compensation for Damage Act specifies the calculation of compensation for damages(§43, §51). Furthermore, South Korea widely acknowledges emotional distress damages for personal injury, whereas North Korea does not recognize emotional distress damages in principle.

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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Compensation for Injury to Publicly Owned Marine Resources : Legal and Economic Aspects (해양 공공자연자원 피해보상의 법.경제적 평가)

  • 표희동;이흥동
    • The Journal of Fisheries Business Administration
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    • v.22 no.2
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    • pp.53-74
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    • 1991
  • Interest on ocean environment has increased with the development of industrialized activities. Public marine resorces are defined broadly to include fish stocks, beaches, marine waters, recreational fishing, biota, waterfowls, shorebirds, seabirds and marine mammals But, it is not easy to analyze compensation for injury to publicly owned marine resources because the claimants do not exist clearly and the economic methodology of damage on public goods is not developed fully. This paper introduces basic idea of welfare economic theory and environmental legislation to the research question : How the economics and law can be applied to the case of damage on publicly owned marine resource. The paper discusses the concepts of willingness to pay (WTP) and willingness to accept (WTA). It is accepted generally that WTA is correct concept of welfare change in the case of damaged public goods. Four methods (compensating variation, equivalent variation, compensating surplus, equivalent surplus of measuring welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes caused by environmental damage. Vartia (1983) showed CV could be measured from the ordinary demand function using the differential equations. This paper also provides an overview of the emerging U.S. and Korea legal system for compensation for natural resource damages, with particular emphasis on U.S. legal system under Comprehensive Environmen-tal Response Compensation and Liability Act (CERCLA). These regulations are to include two different types of standardized procedures for assessing natural resources injury : Type A or simplified assessment techniques for small releases ; and Type B protocols that would include detailed and extensive assessment methodologies for major releases. Type A procedures are specified by Natural Resources Damage Assessment Model for Coastal and Marine Environment (NRDAM/CME) of the U.S. CERCLA provides a legal 'legitimization for the use of economic-based nonmarket valuation in the courts and have introduced appropriate and accurate nonmarket valuation methods based on willingness to-pay for damage assessment. By briefly reviewing economic theory and environmental legislation, we hope to help provide a better understanding of the compensation process and the economics of publicly owned marine resources in the U.S. and to integrate the economics and law of natural resources valuation into a single comprehensive package in Korea.

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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.

An Empirical Study on the Cost Behavior in Coastal Fishery (연안어선어업 피해율 산정을 위한 원가행태에 관한 실증연구)

  • Kim, Woo-Soo;Kim, Kil-Yong
    • The Journal of Fisheries Business Administration
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    • v.42 no.3
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    • pp.1-13
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    • 2011
  • It is necessary to set up a standard of estimation for annual unit price of sale and cost, damage rate for calculating compensation against fishery damage objectively. Two items on the unit price and cost have regulations but the damage rate has not, so it may occurred some problems such as reasonability and balance because the estimation should be handling by an appraiser's knowledge and experience. This study has analyzed using Regression model and searched variable costs and fixed costs about each items appraisers to operate in the present. It is compare profit damage index is calculated by an estimated model and an appraised example. This analysis showed highly 23-30% estimated model more than appraised example. It means the overestimation for fishery damage. This difference has caused by limited data, lack of sample, much difference in the standard deviation, and has not classified each kind of business and weight of coastal fishery, the overestimation more than what expected. This study has analyzed that the applied rate of fixed and variable cost in relation to the compensation in the cost of coastal fishery is very valuable.

A Study on the Analysis of Disaster Type for School Facilities and the Application Propriety of In-kind Compensation (학교 시설물의 재난유형 분석 및 현물보상 적용에 관한 연구)

  • Lee, Byoung Ho;Oh, Tae Keun;Cho, Sung Woo
    • Journal of the Korean Society of Safety
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    • v.33 no.5
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    • pp.177-185
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    • 2018
  • The school space is a place for learning activities and community activities, and it is used as a shelter for various disasters. Recently, the frequency and magnitude of damages of school facilities due to various disasters are increasing, and similar accidents occur repeatedly every year, causing enormous damage to school classes. Furthermore, damage to school facilities will require considerable time and safety confirmation measures to restore disaster and normalize the class. In this regards, based on the questionnaire survey on the difficulties and improvement measures of the disaster recovery work of the school safety manager, we propose the application of in-kind compensation for damage to school facilities to ensure rapid disaster recovery, simplification of administrative procedures, and quality of restoration work.

Research on Protection Method for Ground Electrode of DC Systems from Corrosion (직류 접지극의 전식보호 방법 연구)

  • Jeong, Woo-Yong;Kim, Hyosung
    • The Transactions of the Korean Institute of Power Electronics
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    • v.26 no.2
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    • pp.90-95
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    • 2021
  • In contrast to AC grounding systems, the ground electrode in DC systems continuously maintains positive or negative polarity. Ground electrodes with (+) polarity proceeds by oxidation reaction. Thus, the DC current should flow opposite to the polarity of the leakage current flowing through the (+) ground electrode by using a compensation electrode, and the current flowing through the (+) ground electrode can be 0A. However, according to protecting the (+) ground electrode, the compensation electrode corrodes and gets damaged. Thus, the (+) ground electrode must be protected from corrosion, and the service life of the compensation electrode must be extended. As an alternative, the average value of the current flowing through the compensation electrode should be equal with the value of the leakage current flowing through the (+) ground electrode by using the square waveform. Throughout the experiment, the degree of corrosion on the compensation electrode is analyzed by the frequency of the compensation electrode for a certain time. In the experiment, the frequencies of the square waveform are considered for 0.1, 1, 10, 20, 50, 100 Hz, and 1 kHz. Through experiments and analysis, the optimal frequency for reducing the electrolytic damage of the (+) electrode and compensation electrode in an LVDC grounding environment is determined.