• Fire Science and Engineering
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• v.33 no.5
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• pp.109-117
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• 2019

When those who have caused a fire have no ability to compensate fire victims, the victims tend to charge fire agencies for state compensation to receive damage relief. This study analyzed two state compensation cases related to fires. The findings suggest that if there is a causal relationship between fire damage and mistakes committed by fire officials that are associated with fire prevention or special fire inspections, courts usually decide that fire agencies should compensate fire victims. Despite the introduction of a new article in the Framework Act on Fire-Fighting Services on December 26, 2017, titled "Exemption from Responsibility for Fire-Fighting Activities", exemptions are only available if inevitability of the activity has been proven. However, unlike rescue or first aid activity, inevitability is difficult to prove when it comes to fire inspection activity. Therefore, it is expected that state compensation suits related to fires will not decrease.

• The Journal of Fisheries Business Administration
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• v.42 no.2
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• pp.31-45
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• 2011

Costal fisheries use small boat. The boats are frequently substituted with newly made boat or proper boat. When the boat which is substituted with another one after the fixed date for compensation is estimated for fisheries loss by public project, it is matter that which boat is the object for estimating average catch of fish. There are three ways in practical business. They are based on the date of spot probe, the date of conference for compensation and fixed date for compensation. In case of applying the first and the second ways, as the object of compensation is not fixed, there is problem that estimated result can be changed depending on changing boat tons even after the date of spot probe and the fixed date for compensation. Most of all, these ways are against Attached Form No.4 of the Enforcement Ordinance of Fisheries Law which regulate to calculate average catch of fish applying result of fishery for retroactively counted 3 years from the year before the year in which administrative measure day is. The other side, in applying boat tons based on the fixed date for compensation, estimated result of compensation will not change even boat substituted after the fixed date for compensation. Even though applying tons based on the fixed date for compensation, a problem still remains. If the boat get bigger after the fixed date for compensation, the then boat size must be applied for calculating average catch. But the boat get smaller, the changed boat size must be applied. Because changed small boat would be damaged less than the previous boat. And decrease in catch by changing boat into small one is not due to the project but due to the personal responsibility. This will help to increase objectivity and reliance on the compensation result. As the other objects are fixed based on the fixed date for compensation in the Act on Acquisition and Compensation of Land and Others for Public Project, it can be balanced with other object.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.199-222
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• 2017

Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.33-54
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• 2008

The damage to the third parties caused by aircraft in flight shall be fully compensated to the extent that the damage didn't occur unless the damage is caused by innocent victims. However, related international Conventions limit operator's liability of compensation to certain levels, which is one of the main reasons that such international Conventions have not been ratified by many aviation leading States. However, international community has agreed, since 9/11, that the accidents caused by terrorists and the protection of the third parties need to be addressed more actively. And the amendment of the related Rome Conventions has been drafted under the ICAO leadership by the special committee that was organized to modernize the related international Conventions. This study addresses the issues related to the draft Conventions, the draft Convention for Damage caused by Aircraft to Third Parties, in case of Unlawful Interference and the draft Convention on compensation for Damage caused by Aircraft to Third Parties. It is expected that it takes considerable time to reach an agreement on all the issues from appropriate apportionment of liability between the government and operator to the details regarding the management of Supplementary Compensation Mechanism. Under the circumstances where the needs for the air transportation as well as threats of terrorism increase, the new international Convention should be prepared taking into consideration the balance between the protection of the innocent third parties and that of air transport industry including air carriers. Along with this, the Republic of Korea should actively participate in the process of amendment to the related international Conventions to protect the life and property of the people from anticipated damages.

• Journal of the Korea Institute of Building Construction
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• v.13 no.2
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• pp.102-111
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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.

• The Journal of Fisheries Business Administration
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• v.28 no.1
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• pp.71-83
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• 1997

This paper tries to suggest one kind of estimation method of compensation for restriction in licenced fisheries caused by a large scale coastal reclamation under Code 62 of the Fisheries Act. To do so, the paper focuses on estimating the restriction rate of licenced fisheries through introducing several new factors for calculating the amount value of compensation, such as the restriction rate of fishing area, the decreasing rate of fishing time and the variation rate of fishing cost. Finally, the paper tries to apply the method to the case of compensation fer fisheries damage at the Incheon coastal area caused by the construction of the base of LNG of 1992.

• Journal of Environmental Policy
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• v.2 no.1
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• pp.107-135
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• 2003

This study reviews the proposed liability and redress regime under the Cartagena Protocol on Biodiversity. Several core elements for the regime are discussed in comparison with those listed in the 1999 Basel Protocol on Liability and Compensation for Damage resulting from the Transboundary Movements of Hazardous Wastes and their Disposal. These are (1) scope of the rules and procedures; (2) channeling of liability; (3) legal standing; (4) definition of damage; (5) standard of care; (6) ancillary sources of compensation; (7) limitation of liability; (8) financial guarantees; and (9) mutual recognition and enforcement of judgments. Korea has given relatively little attention to the issue of liability and redress in the context of LMOs trade. As the Protocol is expected to enter into force soon, Korea needs to develop appropriate implementing domestic mechanisms for the Biosafety Protocol. Establishing an adequate domestic liability and compensation scheme will be one of the most important mechanisms not only to comply the Protocol but to ensure safety of LMOs in general. A further research is needed on the basis of a comparision of relevant legislations in different countries as well as analysis of current laws related to the accidents arising from LMOs trade, such as product liability laws, food safety laws, liability provisions in some environmental legislations.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.9-35
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• 2004

A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The compensation which the launching State shall be liable to pay for damage under "the Convention on International Liability for Damage caused by Space Objects" shall be determined in accordance with international law and the principles of justice and equity, in order to provide such reparation in respect of the damage as will restore the person, natural or juridical, State or international organisation on whose behalf the claim is presented to the condition which would have existed if the damage had not occurred. In the event of damage being caused elsewhere than on the surface of the earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, and of damage thereby being caused to a third State or to its natural or juridical persons, the first two States shall be jointly and severally liable to the third State, to the extent indicated by the following: If the damage has been caused to the third State on the surface of the earth or to aircraft in flight, their liability to the third State shall be absolute; If the damage has been caused to a space object of the third State or to persons or property on board that space object elsewhere than on the surface of the earth, their liability to the third State shall be based on the fault of either of the first two States or on the fault of persons for whom either is responsible. The Insurance requirements are satisfied for a launch or return authorised by a launch permit if the holder of the permit or authorisation is insured against any liability that the holder might incur to pay compensation for any damage to third parties that the launch or return causes; and the Commonwealth is insured against any liability that Commonwealth might incur, under the Liability Convention or otherwise under international law, to pay compensation for such damage. The liability for Damage caused by Space Objects should be regulated in detail in Korea.

• Journal of Auto-vehicle Safety Association
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• v.13 no.4
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• pp.81-91
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• 2021

Last year, the Autonomous Vehicle Act was enacted to respond to deployment of autonomous vehicles. But the Act stipulates the operation of autonomous vehicle pilot zones, In addition, in order to analyze autonomous vehicle accidents and establish a reasonable damage compensation system, the Automobile Damage Compensation Guarantee Act was revised. But, It is necessary to seek plans for institutional development such as detailed concepts of self-driving cars and driving, a security certification system for securing safety of autonomous cooperative driving, and enhancement of the effectiveness of special cases related to personal information processing. I would like to seek ways to improve the legal system to respond reasonably to the deployment of autonomous vehicles.

• Smart Structures and Systems
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• v.11 no.4
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• pp.349-364
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• 2013

Recently, researchers in the field of structural health monitoring (SHM) have been rigorously striving to replace the conventional NDE techniques with the smart material based SHM techniques, employing smart materials such as piezoelectric materials. For instance, the electromechanical impedance (EMI) technique employing piezo-impedance (lead zirconate titanate, PZT) transducer is known for its sensitivity in detecting local damage. For practical applications, various external factors such as fluctuations of temperature and loading, affecting the effectiveness of the EMI technique ought to be understood and compensated. This paper aims at investigating the damage monitoring capability of EMI technique in the presence of axial stress with fixed boundary condition. A compensation technique using effective frequency shift (EFS) by cross-correlation analysis was incorporated to compensate the effect of loading and boundary stiffening. Experimental tests were conducted by inducing damages on lab-sized aluminium beams in the presence of tensile and compressive forces. Two types of damages, crack propagation and bolts loosening were simulated. With EFS for compensation, both cross-correlation coefficient (CC) index and reduction in peak frequency were found to be efficient in characterizing damages in the presence of varying axial loading.