• Journal of Arbitration Studies
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• v.22 no.1
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• pp.89-110
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• 2012

No-fault automobile insurance system is a statutory scheme to provide automobile accident victims with compensation for certain expenses arising from personal injuries occurring in car accidents. New York State has enacted No-Fault Law to ensure that the injured in automobile accidents be paid rapidly by their own insurance company for medical expenses, lost earnings regardless of fault, replacing common law system of reparation for personal injuries under tort law. Its primary purpose is to facilitate compensation without the need to exhaust time-consuming litigation over establishing the existence of fault and the extent of damages. No-Fault Law allows arbitration as a method for settling the no-fault insurance disputes. No-fault arbitration, however, differs in a significant way from general arbitration system. First, No-Fault Law provides the parties with the option to submit any dispute involving no-fault automobile insurance to arbitration. Second, no-fault arbitration attempts to speed its procedure incorporating various methods. Third, the parties are required to seek review of arbitral awards by master arbitrator prior to seeking court's review. Fourth, the parties have right to bring de novo action in court if master arbitrator's award exceeds $5,000. Given the current state of law in Korea, it may not be easy to introduce no-fault arbitration system into Korea in the context of automobile insurance disputes settlement as its law has a long-established reparation system based on tort liability and no-fault arbitration system has its own features that differ from general arbitration system. Nonetheless, it could be suggested that no-fault arbitration be introduced in other fields which require speedy dispute resolution and a third party's decision to settle the disputes. The optional right of submitting disputes to arbitration as provided by No-Fault Law of New York State may offer a ground to supprot the effectiveness of an optional arbitration agreement.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.367-418
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• 2018

Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

• 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.

• The Journal of the Korea Contents Association
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• v.21 no.11
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• pp.490-502
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• 2021

Horticultural facility farmers subscribe to crop accident insurance and insurance products secured by horticultural facilities in preparation for possible risks in the facility. Insurance is purchased to prepare for natural disasters such as typhoons, hail, frostbite, heavy rain, and strong wind damage covered by the product. In order to find out the effect of risk perception, which is a subjective perception of the risks of a given situation, on horticultural facility farmers' intention to purchase horticultural facility insurance products, the risk perception and insurance purchase intention were analyzed. A t-test was conducted to determine the impact relationship between farm size, insurance coverage, and risk perception, and multiple regression analysis was conducted to verify the effect of personal characteristics and behavioral factors such as subjective perception, reference group, media exposure, and compensation understanding. In addition, a three-step regression analysis by Baron & Kenny was conducted to confirm the mediating role of personal characteristics and behavioral factors in the relationship between risk perception and insurance purchase intention. As a result of the study, although there was no difference in farm size, it was analyzed that policy holders had a higher degree of risk perception than non-subscribers, and that compensation understanding had the greatest influence and subjective knowledge had the smallest influence. In addition, these four factors were verified to have a mediating effect on the relationship between risk perception and insurance purchase intention. These results are expected to provide practical help to the development and marketing activities of horticultural facility insurance products.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.12
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• pp.293-308
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• 2020

This study aims to investigate the direct relationship between ownership structure, earnings manipulation, and organizational performance, and then examine the mediating effect of earnings manipulation in the relationship between ownership structure and organizational performance. This study collected and analyzed secondary data published in financial reports related to all insurance organizations listed in the Jordanian market during the study period (from 2009 until 2018). A panel data analysis was conducted, giving a total of 200 observations. The findings of this study concluded that ownership concentration, foreign ownership, and organization size affect organizational performance proxied by ROA, ROE, and EPS, more specifically, ownership concentration and organization size have a positive effect, whereas foreign ownership has a negative effect. At the same time, board of director ownership, organizational ownership, and CEO compensation did not affect organizational performance. Next, the board of director ownership, ownership concentration, foreign ownership, and CEO compensation affect earnings manipulation separately. In addition, earnings manipulation positively affects organizational performance proxied by ROA, ROE and EPS. This means that the higher the earnings manipulation is, the higher the organizational performance is. Finally, earnings manipulation mediates the relationship between ownership concentration and foreign ownership of ownership structure, and organizational performance.

• 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.

• Journal of the Korea Safety Management & Science
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• v.12 no.3
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• pp.73-79
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• 2010

Currently, in Korea, an accident that takes place during a worker's commuting is generally not considered as work-related accident. However, there are several exceptions such as an accident that occurs in commuting while using transportation provided by an employer, an accident that happens during commuting time that can be regarded as part of a business activity (e.g. tending to work instructed by an employer on the way to or from work), and an accident that is caused by insufficient facility management by an employer. It is even more so as the workers' commuting distance increases with expanding scale of a city, and traffic accident occurs more frequent. Social risk of commuting-time accident is on the rise. Under this circumstance, it is an important social issue to explore how to protect workers from commuting-time accident.

• The Korean Journal of Health Service Management
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• v.14 no.2
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• pp.55-65
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• 2020

Objectives: This study intends to analyze the relationship between medical service experience and subjective health awareness by using data from Panel Study of Worker's Compensation Insurance(PSWCI). Methods: Tte χ2-test was performed to investigate subjective health awareness and medical service experience relevance. Logistic analysis was performed to analyze the influencinge factors. Results: The subjective health awareness scored "bad" in"'lack treatment period" compared to "adequate treatment period" in medical service experience (OR = 2.603 [95% CI = 1.666-2.555]). Conclusions: To improve the subjective health awareness of patients with industrial accidents, the industrial accident compensation and medical care approval system should be improved, and long-term industrial accident insurance policies should be developed to accommodate direct and indirect medical services.

• Journal of Digital Convergence
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• v.12 no.2
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• pp.211-221
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• 2014

The study aims to estimate the determinants of policyholder's trust for the Chinese insurance industry by structural equation model. In particular, differences in determinants of trust among Chinese life insurance and auto insurance were derived from the latent mean and multi group analysis. The result shows the most effective determinants of trust were honesty, followed by credibility which shows the compensation ability of insurance company. However, benevolence is not influence statistically on the determinants of trust of both life insurance and auto insurance. Moreover, the policyholder's trust for the insurance industry was later extended to relationship commitment such as renewal and recommendation intentions. Especially, the linkage between the level of trust and relationship commitment was the strongest in life insurance than auto insurance. Even though the result is differ based on types of insurance, in order for the insurance industry to grow stably it is importance to get trust from policyholder.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.19 no.1
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• pp.51-63
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• 2009

In the field of ergonomics, it is evident that participatory action research methodology could contribute to reduce risk factors of work related musculoskeletal disorders(WMSDs). The objective of this study was to evaluate the effectiveness of a participatory ergonomics in reducing the incidence rate and severity of WMSDs in the tire manufacturing company. In this study, an action committee comprising 13 members was organized in the tire manufacturing company. The action group participated at every research process, education and training, assessment and intervention of risk factors, and early detection and management of WMSDs during the 3 years(2004-2006). The prevention programs contributed to an overall reduction in incidence rate by approximately 37.2%, and lost workdays and workers' compensation costs by approximately 55.1%. But, the incidence rate increased 29.0%, and compensation costs increased 59.0% in the first-year setting programs, and both the incidence rate and compensation costs decreased after the second-year managing programs. And, the reduction rates(63.2%) of insurance cases is higher than that(9.7%) of non-insurance cases. The results showed that participatory ergonomics programs may be effective in reducing the incidence and severity rate of WMSDs.