• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.125-145
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• 2017

Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.275-305
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• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

• Korean Security Journal
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• no.34
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• pp.139-160
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• 2013

Growth of minors learning space that the school is a place where many students live. Students, but in the living space of these minors values of change and chaos that occurs in addition to school safety incidents typically occur many accidents and potential for accidents to occur. Tinking of these potential events. Indifferent about the safety of schools and teachers with the much more conscious of the safety of the students lean due to being generated. Body and life, and damage to property due to these events. Accidents due to wear and sometimes liability and indemnity issues surrounding tarnished with the image of the school and teachers look forward to hearing from parents about the school deterioration, resulting in an unfavorable impact. Therefor in this essay, we are presenting case analysis may occur or re-occur. Prevent accidents that can identify and Countermeasures against accidents that occur within the school.

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.6
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• pp.698-707
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• 2019

The removal of oil spilled by the sinking of a foreign ship in Korea's Exclusive Economic Zone (EEZ) began in May 2019 four years after the ship sunk near Jeju Island. The cleanup was conducted by a foreign company that was contracted to the ship-owner's protection & indemnity (P&I) insurance company. In contrast to the time taken to begin the cleanup, the operation itself was completed in just 22days. Compared to similar cases, the decision to begin the removal was a delayed one. This study analyzes all 93 documents related to the ship's sinking and the eventual cleanup, confirming delays in administrative decision-making on the removal, and identifies factors that influenced this delay. These factors include a neglect of accident-related data verification, and other, legal, technical, environmental, and human aspects. Finally, this study suggests ways to improve decision-making efficiency. As the first study dealing with the cleanup in the EEZ, this research is expected to facilitate decision-making and influence the formulation of policies in the future.

• Korean Journal of Social Welfare
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• v.59 no.3
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• pp.59-73
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• 2007

The compensation system in industrial accident insurance is systemized with "either receiving all or no benefits at all" according to "admited or denied as an industrial accident". Therefore, they are centered on the decision as "industrial accident" or "non-industrial accident", but judging between the two is very complicated, and has inherent conflicting factors. In the early stage of industrialization, industrial accident compensation was based on the indemnity liability for employer's faults. In order to be compensated any damage, the injured worker should prove that the accident was not due to his or her faults. However it was very difficult for injured worker or his or her family to prove the employer's faults, so it was almost impossible to get compensation. Thereafter industrialization progress and improvement of workers' political status lead to conversion from principle of liability with employer's faults to principle of liability without employer's faults. In addition to that, coverage of industrial accident compensation was also expanded. This improvement strengthened the benefit payment principle of "All or Nothing". Even though the "All or Nothing" principle provokes tremendous criticism, the reason why it's difficult for industrialized countries to adopt partial compensation system, is that partial compensation system worsens the administrative hardship, therefore industrialized countries overcome the restrictions of the "All or Nothing" principle with making balance in provisions for any risk to some extent. However, in Korea because the general compensation system for covering medical cost and income loss from accidents, is not equipped, it could be possible to cause acute conflicts with regard to coverage of industrial accidents. Therefore it is required to improve the industrial accident insurance with the acceptance of the significance and logic of discriminated compensation, and create the integrated compensation system in the long run.

• Health Policy and Management
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• v.17 no.2
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• pp.1-17
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• 2007

Limited coverage for health care services of National Health Insurance(NHI) in Korea has been ongoing policy issue but additional NHI financing through raising contribution or taxes in order to improve coverage faces substantial obstacles. Private health insurance(PHI) is often considered as an alternative financing source to improve coverage. Recent reform that attempted to stretch the role of PHI allowed life insurance companies to provide complementary PHI, indemnity plan which will pay for uncovered services by NHI and out-of-pocket spending for covered services. Although complementary PHI may relieve financial burden of patients, it may significantly raise NHI spending as well as total health expenditure since little out-of-pocket spending may increase utilization of health care. So far, there has not been enough discussion about concerns of potential adverse effect resulting from extended role of PHI. This study investigated potential increase of NHI spending followed by extension of complementary PHI through sensitivity analysis. The amount of NHI spending for services that would be covered by complementary PHI was calculated using 2005 NHI statistics and expected complementary PHI enrollment rate by age and sex. Expected utilization increases were obtained based on price elasticities$(-0.2{\sim}-0.5)$ from previous studies and expected coverage rate$(50{\sim}80%)$ of complementary PHI and then converted to monetary figures. Because coverage rate of complementary PHI has not been determined yet, we employed the sensitivity analysis using coverage rate of $50{\sim}80%$. Findings demonstrate that additional spending for health care services is expected to be $426{\sim}1,702$ billion won, corresponding amount payed by NHI $298{\sim}1,192$ billion won. In conclusion, since complementary PHI may raise NHI spending significantly, there should be an agreement whether this additional cost would be accountable and acceptable in our society. Potential inefficiency resulting from extended role of complementary PHI should be considered since public and private financing do not operate in isolation and there should be more discussion on proper role of PHI in Korea.

• Korean Security Journal
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• no.32
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• pp.151-176
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• 2012

Government organizations (including police, prosecutor, and Financial Supervisory Service) and programs to uncover or prevent from insurance crime are not well developed. However, insurance crime are increasing among not only private insurances such as life insurance, indemnity insurance, and auto insurance but also public insurances including national health insurance and industrial accident compensation insurance. The damages of crimes are serious in both economical and ethical perspectives. Insurance crime deteriorates a current account of insurance companies and the leakages due to insurance fraud worsen loss ratio. Consequently, insurance crime increases customers' costs of insurance. For this reason, insurance companies stated to establish Special Investigation Unit(SIU) to detect insurance crime and fraud by themselves. However, organizational and operational efficiencies are limited. The purpose of this study is to examine the relationship between work environment factors, perception of insurance crime and job satisfaction among Special Investigation Units. Therefore, this study investigated the perception of work environments of Special Investigation Units. In addition, this study examined how their work environments and general perception of insurance crime influence their job satisfaction. In order test the purpose of this study, reliability test, exploratory factor analysis(EFA), multiple regression were employed. The results of this study suggested that clarity of insurance company, distress/difficulty of resolve, compensation, perception of work pressure are statistically significant on jab satisfaction among Special Investigation Unit in South Korea. This exploratory study expected to contribute to understanding of Special Investigation Unit, and their insurance crime prevention system. The results from this analysis will be examined in light of previous findings and policy implications discussed.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.177-225
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• 2011

Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.

• International Commerce and Information Review
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• v.14 no.2
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• pp.389-409
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• 2012

The Switched Bill of Lading(SBL) has been in frequent use in recent years as intermediary trade increases with the growing number of companies' overseas subsidiaries. Its frequent use, though, has brought about disputes regarding its illegal issue. Although there are several legal cases regarding this, studies on this issue are hard to find. Therefore, this study tries to provide countermeasures and precautions against unlawful issues of SBL through examining the legal cases resulting from illegal issuing practices of SBL. When the Switched Bill of Lading is issued, the shipper, consignee, port of loading and unloading, and shipping date of the original bill of lading are usually changed. Statements which may put the shipper at a disadvantageous position may also be deleted and/or the bill of lading may be either divided or integrated when it is issued. However, if the carrier issues the SBL 1)without withdrawing original BL, 2)indicating the shipping date, port of loading and port of discharge falsely, or 3)deleting the statements which may give him disadvantages, it may be regarded as an illegal issue. These unlawful issues of SBL may pose a huge threat to the shipper, banks and the parties relating to the trade. That is, the shipper may take a substantial loss when the goods can be delivered to a third party by SBL without his collecting the proceeds. The issuing bank and the negotiating bank may also have their security rights to the goods hampered by the illegal and improper issue of SBL. In most cases, the carrier has no choice but to issue the SBL without collecting the original BL for fear of hurting the relationship with the intermediary traders. This practice of issuing more than two sets of BL may pose a potential risk to the carrier.

• Journal of Korean Port Research
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• v.7 no.1
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• pp.43-58
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• 1993

There has been fast progress in economy in Korea derived by a consecutive five-year plan program for economic development started in the early 1960's. In the field of transportation, rapid changes in the technological environment of transportation and communication have brought a revolution of the transport system, of which inter-modal transportation through containerisation is typical. Because of the rapidly growing traffic volumes of cargo, especially container traffic, and lack of investment into transport infrastructure in the past, both road and railway are beyond their capacity. As a result, the public-road network has suffered a serious congestion problem. For instance, in relation to the corridor between Seoul and Pusan, today, it takes about 14 hours for the journey of container trailer through Kyongbu Expressway, for which it used to take only 7 hours in 1986. For the railway, though the congestion problem is not very serious compared with the road sector, a shortage of capacity on certain main lines has emerged as a problem as railway traffic has increased. Furthermore, the further expansion of the system in near future is difficult due to burden of higher construction the cost. Unlike these two modes, coastal shipping, which has been paid relatively less attention for commodity transport in Korea, shows no constraint in this respect. In addition, it is the most cost efficient mode of transport. This work therefore aims to make a proposal for the alternative inland transportation mode, which is to promote the coastal transport of container. Three obstructing factors for the promotion of the coastal transport are investigated and some solutions for those are suggested as follows : First, it appears to be essential to provide exclusive ports for the coastal shipping, that comply with simplification, specialization and rationalization. The optimum size of berths on the exclusive ports in Pusan port is estimated as 16-20. We found that it needs periodical study and publicity on the advantages from the adoption of the coastal mode. Inducing competition in the coastal shipping market is also necessary. For the supply of the fleet in the coastal shipping, chartering of the surplus ships in the oversea shipping is found to be more desirable than new shipbuilding. Second, to solve the fragmentation of the companies which wish to participate in the coastal transport, government has to implement the subsidy policy. The encouragement of participation of the shipping lines engaging in Korea-Japan run and Korea-East South Asia run, into coastal shipping also needs to be considered cautiously. Third, simplification of the document for entry in ports is needed for rational coastal shipping management. We can use B/L (Bill of Lading) for coastal shipping as a prerequisite to get the indemnity by P & I Club. The reduction of the government controls on entering and leaving the ports also needs.