• Safety and Health at Work
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• v.11 no.4
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• pp.418-424
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• 2020

Background: According to the previous studies, the work-related accident rate decreased in Korea after the introduction of occupational health and safety management system (OHSMS), but there were several disasters in Korea such as subway worker's death at Guui station in 2016 and the Taean thermal power plant accident in 2018, which escalated the social demand for safety. In 2018, OHSMS became an international standard, as ISO45001 was announced. Methods: A survey was conducted to research the implementation status of OHSMS and changes in people's perception, and the results were compared with those of a past survey. Results: Enhanced social demand and various stakeholders' (not only buyer) needs, and social responsibility are perceived as the motivation for the introduction of OHSMS rather than legal compliance or customer demand. In the questionnaire about problems with the implementation of OHSMS, the factors with higher response rate in 2018 than 2004 were "excessive cost" and "complicated documentation management." In the questionnaire about how to promote OHSMS in organizations, most people answered "reduction of workers' compensation insurance rate" in 2004, but most people answered "exemption from health and safety supervision" in 2018. Conclusion: For the effective implementation of ISO45001, emphasis is placed on social demand, training to recognize health and safety as a part of management, and the reduction of certification and consulting costs to promote the introduction of OHSMS. Incentives such as insurance premium cuts and exemptions from health and safety supervision are needed.

• The Journal of the Convergence on Culture Technology
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• v.9 no.4
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• pp.393-399
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• 2023

Upper limb amputees wear an upper limb prosthesis for both aesthetic purposes and functional necessity, and in particular, in the case of amputee with both hands, it is essential to wear a myoelectric prosthetic hand capable of gripping action. The prosthetic hand operated by the EMG signal of the remaining muscles is a public insurance benefit item of the Industrial Accident Compensation Insurance, and test method standards are needed to be developed for the safety of the user and the effectiveness of the product performance. In this study, we developed systems for measuring the gripping force of myoelectric hand prosthesis by a load cell and for durability test of the prosthesis over repeated use with a proximity sensor, and propose a test method standard. Since the international test method standard has not yet been established, it is expected that Korea will be able to play a leading role in this standardization field in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.169-189
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• 2006

In 2007, KSLV(Korea Small Launching Vehicle) that we made at Goheung National Space Center is going to launch and promotes of our space exploration systematically and 'Space Exploration Promotion Act' was enter into force. 'Space Exploration Promotion Act' article 3, section 1, as is prescribing "Korean government keeps the space treaties contracted with other countries and international organizations and pursues after peaceful uses of outer space." The representative international treaties are Outer Space Treaty (1967) and Liability Convention (1972) etc. In Liability convention article 2, "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 important content of the art. 2 is the responsible entity is the 'State' not the 'Company'. According by Korean Space Exploration Act art. 14, person who launches space objects according to art. 8 and art. 11 must bear the liability for damages owing to space accidents of the space objects. Could Korean government apply the Products Liability Act which is enter into force from July 1, 2002 to space launching person? And what is the contact type between Korea Aerospace Research Institute(KARl) and Russia manufacturer. Is that a Co-Development contract or Licence Product contract? And there is no exemption clause to waive the Russia manufacturer's liability which we could find it from other similar contract condition. If there is no exemption clause to the Russia manufacturer, could we apply the Korean Products Liability Act to Russia one? The most important legal point is whether we could apply the Korean Products Liability Act to the main component company. According by the art. 17 of the contract between KARl and the company, KARl already apply the Products Liability Act to the main component company. For reference, we need to examine the Appalachian Insurance co. v. McDonnell Douglas case, this case is that long distance electricity communication satellite of Western Union Telegraph company possessions fails on track entry. In Western Union's insurance company supplied to Western Union with insurance of $ 105 millions, which has the satellite regard as entirely damage. Five insurance companies -Appalachian insurance company, Commonwealth insurance company, Industrial Indemnity, Mutual Marine Office, Northbrook Excess & Surplus insurance company- went to court against McDonnell Douglases, Morton Thiokol and Hitco company to inquire for fault and strict liability of product. By the Appalachian Insurance co. v. McDonnell Douglas case, KARl should waiver the main component's product liability burden. And we could study the possibility of the adapt 'Government Contractor Defense' theory to the main component company.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.15 no.12
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• pp.7093-7100
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• 2014

This study analyzed the factors related to labor market transition of job injured workers. The Workers' Compensation Insurance Panel data ver.1, which that was surveyed by the Korean Workers' Compensation & Welfare Service in 2013, was used. Four key findings were made: first, the economically inactive populations are 7.2% and unemployed is 22.3% of occupational accident workers who finished the treatment period; second, 31.5% of laborers who returned to a new workplace went into another type of occupation; third, the results showed that socio-demographic factors, such as gender, age and education years, injury-related factors, such as the treatment period and work limitation, and workplace factors, such as company size and employment status, were associated with the return to work; and fourth, a relatively higher proportion of people who has received occupational training could not return to work and the disability grade was not associated with the return to work. These results suggest that policy makers need to understand the characteristics of labor market transition of job injured workers and develop efficient intervention programs based on the transitional labor market.

• Journal of the Korea Safety Management & Science
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• v.12 no.2
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• pp.35-40
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• 2010

This study collected 217 cases of court ruling statements for the cases over which administrative litigations were made regarding the acknowledgment of cerebral and cardiovascular diseases arising out of duty against Korea Labor Welfare Corporation and analyzed the factors of occurrence of cerebral hemorrhage and infarction and the Court cases of cancelation and dismissal of the litigation. As a result, due to seasonal factors, cerebral hemorrhage occurred more in the winter while cerebral infarction, in spring. The incidences for each age group were the higest in people in their 40s for cerebral hemorrhage while in those in their 50s for cerebral infarction, it turned that the incidence inside the places of business was the highest. The average days from application for care and family benefits until the confirmation of the case was 31 months on average for 34 canceled cases while 23 months for 183 dismissed ones, and the average number of months working until the occurrence of accident was 80.8 months for the 34 canceled cases while 77.6 for the 183 dismissed ones. This study has a significance in that it analyzed leading cases of confirmed administrative litigations in some cases applied for diseases due to occupational cases after the occurrence of cerebral and cardiovascular diseases but not approved, through which it is expected to be used as the basic data to reduce time and economic loss generated by the litigations to judge the acknowledgment of diseases due to occupational cases.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.119-152
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• 2009

Korea now has a rapidly expanding and developing space programme with exploration aspirations. The government is giving priority to the aerospace industry and, to put it on a better footing, enacted an Aerospace Industry Development Promotion Act in I987, a Space Development Promotion Act in 2005 and a Space Compensation for Damage Act in 2007. I would like to describe briefly the legislative history, main contents and comment for these three space acts including especially launch licensing, registration of space objects, use of satellite information, astronaut rescue, liability for compensation, third party liability insurance and establishment of committee and plans to assist the Korean space effort. Furthermore author proposed to legislate a new draft for the establishment of a Korean Aerospace Development Agency (KADA: tentative title) to create a similar body to Japan Aerospace Exploration Agency (JAXA), British National Space Centre (BNSC) of UK, French Centre National d'Etudes Spatiales (CNES), German Aerospace Center (DLR), Swedish Space Corporation (SSC), China Aerospace Science and Industry Corporation (CASIC), Indian Space Research Organization (ISRO) as well as the Korean Space Agency (KSA: Tentative title) to create a similar body to Canadian Space Agency, European Space Agency, Russian Space Agency, Italian Space Agency, Israel Space Agency, Indian Department of Space, National Aeronautics and Space Administration (NASA) of USA, China National Space Administration in order to develope efficiently space industry. If the Korean government will be establish the Korean Space Agency as an governmental organization in future, it is necessary to revise the contents of the Government Organization Act. It is desirable and necessary for us to establish an Asian Space Agency (ASA), in order to develop our space industry and to promote research cooperation among Asian countries, based on oriental idea and creative powers.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.137-168
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• 2020

Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

• Research in Community and Public Health Nursing
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• v.11 no.1
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• pp.90-104
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• 2000

This study was carried out to investigate the current state of occupational health management and characteristics of employees working in small-scale-enterprises (SSE) employing less than 50 workers. Samples were chosen among the two thousands employees working in 838 factories where located in Youngdungpo-Ku, Seoul, Korea. The study results were as followed: 1. Most factories investigated in the study were manufactures (68.6%) which were established in 5 to 10 years ago (29.2%), employing less than 5 workers (72.9%) and registered in accident compensation insurance (23.0%). 2. Health screening was undertaken in 24.9% workplaces for periodic health examination and in 1.5% for special health examination. Environmental monitoring was done in 3.3% factories. Very few factories displayed Material Substance Data Sheet (MSDS) in 3.1% among the total factories. 3. Workplaces usually had their own toilets in 75.9% and washing basin in 58.6% as types of sociowelfare facilities. 4. Employees responded in the study were mostly in the range of age from 30 to 39 in 34.7%. male in 84.8%. the married in 70.3%. manual workers in 42.0%. mostly working regularly 51 hours per a week in 48.2% and earned 710.000 Won to 1.000.000 Won per month in 35.0%. Medical utilization for employees were covered by factories sponsored medical insurance in 12.7% and by provincial sponsored medical insurance in 83.4%. 5. Two point six percents of employees were suffered by diseases. The health complaints indicated were mainly digestive problems in 46.7% and hypertension in 24.4%. 6. Employees wore personal protective equipments for work such as gloves in 48.1%. safety shoes in 30.5%. ear plug in 5.5% and mask in 6.9%. Based on the results of study, we recommend that various types of occupational health management should be developed according to workplace working condition of each factory. In addition to the development of occupational health strategies. we think that it is more important to monitor and to allocate how effectively they operate each other on the basis of longitudinal continuity. Besides, we would like to insist that these all management effort should be focused on prevention of disease and occupational health education of employees.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.55 no.1
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• pp.82-93
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• 2019

The International Labor Organization (ILO) selected fishing as the most dangerous group of jobs in the world, and it is well known in Korea as a 4D industry. Offshore large purse seine accounts for the largest portion of the fishing industry in the coastal region with high death rate and the accident rate. The repeated disaster rate survey by the Korea Maritime Institute (KMI) shows offshore large purse seiner is the highest at 22.3 percent and coastal gill nets and offshore stow net are following at 12.4 percent and 11.9 percent in order. Therefore, risk factors occurring in offshore large purse seiners were analyzed based on data from the National Federation of Fisheries Cooperatives (NFFC) for three years from 2015 to 2017 and 4M (Man, Machine, Media, Management) 3E (Engineering, Education, Enforcement) techniques were used to provide a safe fishing environment. The number of accidents on offshore large purse seiners each year was more than 150, and the number of accidents on every fishing boats was as high as 17 percent in 2015. If the accident rate and the risk level were divided by insurance, the accident resulting from contact with machinery was the highest, and the risk of a contact with gear was low but frequently occurring. This was caused by collisions and contact with gear in situations where death and disappearance risk are not high, and accident types in situations where death and loss risk are considered to be contact with machinery, falls or other accidents. Through these analysis techniques, the frequency and risk of each type of accident on a offshore large purse seiners can be demonstrated, and it is expected to raise awareness of a safer fishing environment and contribute to the reduction of accidents.