• Journal of the Korea Safety Management & Science
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• v.12 no.3
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• pp.61-72
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• 2010

Judgment of cerebral and cardiovascular diseases arising out of duty follows the legal judgment method for the purpose of investigation of medical causes based on the Industrial Accident Compensation Insurance Act, with the characteristics of the occurrence as personal factors etc. act as risk factors while work-related ones as triggers, in the case of disease due to occupational cases, as whether it arose out of duty must be judged including even the individual's personal risk factors, there are limitations securing fairness even with existing laws, regulations and guidelines. This study was carried out to suggest basic data for the preparation of standardized guidances for diseases arising out of duty by reviewing the standards for the acknowledgment of cerebral and cardiovascular diseases due to occupational cases, and it has a significance in that it suggests target diseases that may be judged as cerebral and cardiovascular diseases, legal criteria for the acknowledgment and standards for the judgment of cerebral and cardiovascular diseases arising out of duty.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.8
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• pp.84-120
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• 1995

• Journal of Fisheries and Marine Sciences Education
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• v.5 no.2
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• pp.98-109
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• 1993

By the Article 28 of the Korean Fishing Vessels Act and the Article 47-1 of the Enforcement Ordinance of the Act, fishing vessels over 5 gross tone must be insured the fishing vessels mutual insurance or marine insurance. Therefore the distant-water fishing vessels and vessels registered with Classification Society can be insured to the marine insurance, and non-registered vessels and the small fishing vessels can be insured to the fishing vessels mutual insurance of Fisheries Co-operatives. Moreover, the shipowners of fishing vessels over 5 gross tons to be insured a liability insurance for their crew, and it is to compensate effectively the crewman's accidents prescribed in the Seaman's Act. The shipowner's Liability Insurance to be insured the seaman's Compensation Insurance or the seaman's mutual insurance of the Fisheries Co-operatives and the Protection and Indemnity but they still involve lots of problems to cover the crewman's accidents reasonably. The author's views on the improvement way of the fisheries mutual insurance system are as follows. 1. The size of fishing vessels over 5 gross tons prescribed by the Article 28 of the Fishing Vessels Act must be revised into over 1 gross tons. And the regulations concerning penalties against nonfulfilment of the regulation must be strengthened in order to have legal effectiveness. 2. The level of the government subsidy for the fisheries mutual insurance must be raised up from the large point of view for protection of fishermen. It is concluded that the Government have to take charge of the remutual insurance in order to develop the fisheries mutual insurance system. 3. The mutual insurance system of fish catch have to be executed in order to guarantee the stable income for fishermen on the base of the amount of money by fish catch in the previous year.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.15 no.2
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• pp.114-123
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• 2005

We analyzed the demographic and job features of 197 shipyard workers with work-related musculoskeletal disorders(WMSDs) compensated by the Industrial Accident Compensation Insurance Act, and the features of the disorders, the causes of operation and the induced behaviors. The three shipbuilding companies surveyed were located in Busan Metropolitan city and Gyungsangnam-do. The results were as follows. 1. The ages of WMSDs patients in shipyard were $43.6{\pm}8.6$ and the job tenure was $14.3{\pm}5.6$. The 40's of them was 40.1%, and the 30's was 29.4%. Patients less than 5 year-work duration were 85.3%, and ones more than 16 year-work duration 6.6%. In occupations, welders were 32.5%, pre-welders 17.3%, and setting engineers 6.6%. 2. The causes of WMSDs in shipyard were works(95.4%) and outer crash or accident shock (3.6%). Based on the standard of the NIOSH induced behaviors, the causes were awkward posture (62.9%), excessive movement(19.3%) and repetitive movement(13.7%). 3. The compensated WMSDs by body part was the highest, 36%, in the spines, 32.0% in both the upper limbs and the spines, and 14% in the upper limbs. The number of cases of WMSDs in body were 96 in the cervical, 79 in the lumbar and 72 in the shoulders. 4. As a result of chi-square test(${\chi}^2$) between diagnosis and operation in body, welding and spot welding had the most diagnoses in all parts of the body among other occupations. Chi-square test(${\chi}^2$) between diagnosis and induced behavior in body showed that awkward postures recorded the highest rate and repetitive movements was the second. 5. The most hazardous occupation was the welding(incidence rate=9.7) and the most hazardous behavior was the awkward posture.

• The Korean Journal of Financial Studies
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• v.10 no.1
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• pp.249-269
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• 2004

Free cash flow is known as a typical type of agency conflict between managers and shareholders in a firm. The insurance industry, which is not growing, is particularly susceptible to such excessive cash flow. We herein investigate the effects of stock ownership plans on reducing agency conflicts. We adopt undistributed cash flow to proxy free cash flow, and size, default risk, group membership, leverage, investment opportunity, and stock options are selected as explanatory variables. We find that stock option plans are effective(at a 10% level) in reducing free cash flow.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.22 no.1
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• pp.26-31
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• 2012

Objectives: To review the occurrence of cancer cluster in S Electronics semiconductor factories, process of epidemiological researches and lawsuit for industrial accident compensation. Methods: Occupational Safety and Heatlh Research Institute (OSHRI) epidemiological research report, Seoul National University (SNU) field survey report and Seoul Administrative Court ruling were investigated. Result:: OSHRI denied the association between working environment and outbreak of cancers, but SNU survey team reported that carcinogens do exist in workplace and the workers are exposed to them. Seoul Administrative Court ruled that 2 victims got cancer due to hazardous chemicals in working environment and be compensated but 3 victims were not acknowledged. Conclusions: Procedure of current OSHRI epidemiological research should be reassessed by the purpose of Occupational Accident Compensation Insurance Law.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.59-84
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• 2010

Medical practice is characterized by various physiological response and uncapacity of prediction, therefore when medical accident occur it's hard to prove medical professionals' mistake. Though medical accident by medical professionals' mistake will be compensated anyhow, about irresistible medical accidents, no one should be not bound to compensate, victims get into very difficult situation. So, the nation don't negligent irresistible medical accidents but compensate anyway. As in the past, to the legal principle's constitution of irresistible medical accidents, theory of liability without fault was adapted, and it was said this theory was illogical in theory of liability with fault. But the subject of compensation to irresistible medical accidents is nation, nation don't participate in medical treatment therefore there is no room to occur mistake. And it is not reasonable to regard medical agency as a truster of public service, to cast to it responsibility of medical accidents. The problem of compensation to irresistible medical accidents is understood under the theory of social compensation. Social compensation is consisted of compensation to sacrifice and contribution to nation and society and compensation to sacrifice revealed under danger, the compensation to irresistible medical accidents belongs to the latter. This is near to concept of relief, is applied to national compensation system supplementarily, and compensation have no option but to compensate minimum. And there are not relation between national compensation system of irresistible medical accidents and proof liability transposition and theory of liability with out fault, merely in side of sharing responsibility burden between medical treater and victim, it is reasonable to discuss transportation of proof liability and compulsive liability insurance together.

• The Journal of the Korean life insurance medical association
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• v.3 no.1
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• pp.142-148
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• 1986

Liver is an oragan which has various functions. For this functions in liver disease change variously, many methods of examination of them are invented. Each liver disease impairs these functions diversly rather than uniformly, thus it is possible to differentiate each disease by using various methods of testing it. Liver has high reproductive capacity and despite partial impairment of its function localized disease may not show any abnormality in liver function test due to compensation of remaining intact tissue of the liver. Thus the result of liver function test should be interpreted under adequate clinical investigation with other test, not depending on the liver function test only. This thesis deals with the composition, distribution in living body and clinical significance of liberating enzyme, GOT, GPT, and LDH which are included in serum enzyme that show abnormality in liver disease.

• The Journal of the Korea Contents Association
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• v.18 no.8
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• pp.483-493
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• 2018

Through the improvement of the Labor Relations Act, the Social Insurance Act, and the Artists Welfare Act for occupational status and rights of artists, the character of workers, joining exception in the Employment Insurance Act, and applying exception in the National Health Insurance Act and the National Pensions Act should be recognized. For this, the scope of workers should be expanded through the interpretation of the court and legislation of the Labor Relations Act, and supporting range of social insurance should be expanded by applying exception in the National Health Insurance Act and joining exception in the Employment Insurance Act for artists who are currently excluded. Artists' compensation insurance that is an optional entry system and paid entirely by artists need to have effectiveness of the system through insurance support. The Artists Welfare Act also needs to be revised to strengthen legal protection for artists and it is important to secure finances for artists' welfare projects. The standard contract should be mandatory and a career certification system for artists should be established so that artists who need welfare benefits can not be omitted.