• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.411-437
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• 2000

It is unsafe to attempt a complete definition of the expression 'perils of the seas', because in practice the question 'what is a peril of the seas' is inextricably woven up with the further question, 'was the loss proximately caused by the sea peril ?' Such casualties as stranding, collision and heavy weather appear with monotonous regularity in the daily reports, and are the obvious examples. However, what can be included in the term 'perils of the seas' seems to be inexhaustible, although most circumstances appear to have been covered by the Courts. Two cases heard in 1887 were instrumental in defining perils of the seas. In The Xantho Lord Herschell made the following remarks: "The term ... does not cover every accidents or casualty which may happen to the subject matter of insurance on the sea. It must be a peril 'of' the sea. Not every loss or damage of which the sea is the immediate cause is covered by these words. They do not protect, for example, against that natural and inevitable action of the winds and waves which results in what may be described as wear and tear. There must be some casualty, something which could not be foreseen as one of the necessary incidents of the adventure. The purpose of the policy is to secure an indemnity against accidents which may happen, not against events which must happen. ... If a vessel strikes upon a sunken rock in fair weather and sinks, this is a loss by perils of the sea."

• Journal of the Korean Society of Safety
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• v.26 no.3
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• pp.91-97
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• 2011

The weight of elderly people in Korea has been increasing. Statistics show that the percentage of the elderly people in Korea was 3.1% in 1970; 3.8% in 1980; 5.1% in 1990, and 7.2% in 2000. Based on this trend, thus, the number of elderly people could be estimated to be 14% of the whole Korean population in 2018. This reveals that Korea is entering a super-aging society with remarkable fast pace. In such a change, the statistics related to elderly people driving license and the occurrence of traffic accidents are showing a noticeable numerical value. The number of traffic accident fatality in Korea ranks the highest value in OECD Countries. However, the research on old drivers in the nation is going on partially centering on system improvement and management scheme. Thus, first of all, researches about the linkage & characteristics between the driving behavior of old drivers and traffic accident should be implemented, in order properly to draw system improvement and management scheme for the old drivers. Therefore, the focus of this study is the influence model for discerning the severity of the age-old-caused traffic accidents by inquiring into the relation between the Driving Aptitude Test items that make it possible to measure their behavioral characteristics and influential factors by age group on the basis of the data on traffic accidents. The analysis results can be used as basic data for suggesting the behavioral research and countermeasure for traffic safety and its management for old driver in preparation for the aging society.

• Journal of the Korea Society of Computer and Information
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• v.24 no.10
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• pp.215-223
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• 2019

Driving after drinking is highly likely to cause accidents due to lack of responsibility and poor judgment. South Korea is seeking a sentence for accidental drinking accidents. The suspended jail term for drunk drivers accounts for more than 70 percent of the total. However, those who come to the probation office during the probation period are involuntary, subject to little motivation for change, and the large-scale, collective, and short-term education offered to them is limited in preventing re-off. In addition to small group and long-term education, we conducted intensive short-term interventions to see changes in drinking habits in three months. In the long run, the effectiveness of drinking control will be demonsstrated, making a difference in improving the programs offered to drunk drivers in the future. Drunk driving accouts for a very high percentage of the causes of traffic accidents, which, like many countries around the world, should make efforts to prevent and punish drunk driving.

• Safety and Health at Work
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• v.13 no.3
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• pp.279-285
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• 2022

Background; In the event of an industrial accident, the appropriate choice of hospital is important for worker health and prognosis. This study investigates whether the choice of hospital by the employer in the case of industrial accidents affects the prognosis of injured employees. Methods; Data from the 2018 Panel Study of Workers' Compensation Insurance in Korea were used in an unmatched case-controlled study. The exposure variable is "hospital selection by an employer," and the outcome variable is 'worker's disability." Odds ratios (ORs) were estimated by modified Poisson regression and adjusted for age, gender, underlying disease, injury severity, and workplace size and stratified by industrial classification. The group at increased risk was analyzed and stratified by age, gender, and area. Results; In the construction industry, hospital selection by the employer was significantly associated with increased risk of disability (adjusted OR 1.26; 95% confidence interval [CI]; 1.20-1.32) and severe disability (adjusted OR 1.38; 95% CI; 1.08-1.76) among the injured. Female and younger workers not living in the Seoul capital area were more at risk of disability and severe disability than those living in the Seoul capital area. Conclusions; Hospital selection by employers affects the prognosis of workers injured in an industrial accident. For protecting workers' health and safety, workplace emergency medical systems should be improved, and the selection of appropriate hospitals to supply treatment should be reviewed.

• Journal of Oral Medicine and Pain
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• v.31 no.4
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• pp.297-316
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• 2006

The increasing tendency of medical disputes is one of the remarkable social phenomena. Especially we must not overlook the phenomenon that production and circulation of information related to medical accidents is increasing rapidly through the internet. In this research, we evaluated the web sites which provide the information related to medical accidents using the keyword "medical accidents" in March 2006, and classified the 28 web sites according to the kinds of establishers. We also analyzed the contents of the sites, and checked and compared the current status of the web sites and problems that have to be improved. Finally, we suggested the possible solutions to prevent medical accidents. The detailed results were listed below. 1. Medical practitioners, general public, and lawyers were all familiar with and prefer the term "medical accidents" mainly. 2. In the number of sites searched by the keyword "medical accidents", lawyer had the most sites and medical practitioners had the least ones. 3. Many sites by general public and lawyers had their own medical record analysts but there was little professional analysts for dentistry. 4. General public were more interested in the prevention of medical accidents but the lawyers were more interested in the process after medical accidents. The sites by medical practitioners dealt with the least remedies of medical accidents, compared with other sites. 5. General public wanted the third party such as government intervention into the disputes including the medical dispute arbitration law or/and the establishment of independent medical dispute judgment institution. 6. In the comparison among the establishers of web sites, medical practitioners dealt with the least examples of medical accidents. 7. The suggestion of cases in counseling articles related to dental accidents were considered less importantly than the reality. 8. Whereas there were many articles about domestic cases related to the bloody dental treatment, in the open counseling articles the number of dental treatment regarding to non insurance treatment was large. 9. In comparing offered information of medical accidents based on the establishers, general public offered vocabularies, lawyers offered related laws and medical practitioners offered medical knowledge relatively. 10. They all cited the news pressed by the media to offer the current status of domestic medical accidents. Especially among the web sites by general public, NGOs provided the plentiful statistical data related to medical accidents. 11. The web sites that collect the medical accidents were only two. As a result of our research, we found out that, in the flood of information, medical disputes can be occurred by the wrong information from third party, and the medical practitioners have the most passive attitudes on the medical accidents. Thus, it is crucial to have the mutual interchange and exchange of information between lawyer, patients and medical practitioners, so that based on clear mutual comprehension we can solve the accidents and disputes more positively and actively.

• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.2 s.23
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• pp.41-49
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• 2005

In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.

• Journal of Korean Society of Transportation
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• v.30 no.6
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• pp.37-46
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• 2012

The number of traffic accidents caused by elderly drivers over the age of 65 has surged over the past ten years from 37,000 to 274,000 cases. The proportion of elderly drivers' accidents has jumped 3.1 times from 1.2% to 3.7% out of all traffic accidents, and traffic safety organizations are pursuing diverse measures to address the situation. Above all, connecting safety measures with an in-depth research on behavioral and physical characteristics of elderly drivers will prove vital. This study conducted an empirical research linking the driving characteristics and traffic accidents by elderly drivers based on the Driving Aptitude Test items and traffic accident data, which enabled the measurement of behavioral characteristics of elderly drivers. In developing the Influence Model, we applied the zero-inflated Poisson (ZIP) regression model and selected an accident prediction model based on the Bayesian Influence in regards to the ZIP regression model and the zero-inflated negative binomial (ZINB) regression model. According to the results of the AAE analysis, the ZIP regression model was more appropriate and it was found that three variables? prediction of velocity, diversion, and cognitive ability? had a relation of influence with traffic accidents caused by elderly drivers.

• 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.

• Transactions of the Korean Society of Automotive Engineers
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• v.7 no.9
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• pp.203-211
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• 1999

The research committee for automobile repairs (RCAR), an international body of insurance research centers, has adopted the typical low speed crash test based on an average damage level in crash accidents to estimate the damageability , repairability and safety. The characteristics of body acceleration and the probability of injury are investigated based on damaged components, accelerations of body and injured dummy to analyze damageability and the driver's safety under low speed crash environment. It is found from the experimental results that the probability of head and thorax injuries are very low comparing to the injury criteria of FMVSS No.208. Furthermore, it is suggested that the deployment of airbag may not be necessary at RCAR low speed frontal crash test.

• International Commerce and Information Review
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• v.12 no.2
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• pp.385-405
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• 2010

The purpose of this study is to investigate liability risk of air cargo carrier and suggests ideas for solving problems which could be happen to air transporters on the future. because of Air transport remains one of the world's fastest growing and most important industries. And important treaties and contracts specifying transporters' responsibility regarding big scale aircraft accidents are such as Warsaw Convention in 1929, Hague Protocol in 1955, Montreal Convention in 1999. The Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage, is a treaty adopted by Diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention's concerning compensation for the victims of air disasters. In conclusion, suggests to the method of air cargo security and cargo legal liability insurance which is for air cargo carrier's risk management.