• Title/Summary/Keyword: legal liability

Search Result 308, Processing Time 0.031 seconds

Consumers' Perception on Legal Liability of the Online Reviews (온라인 사용후기에 대한 법적책임의식에 관한)

  • Kim, Soyean
    • International Commerce and Information Review
    • /
    • v.17 no.3
    • /
    • pp.3-27
    • /
    • 2015
  • As hostile online reviews can have a negative impact on a company's reputation, it is not surprising that online reviewers and business owners often get involved in conflicts which sometimes evolve into legal disputes. This research examines the legal dispute case in which the business owner charges an online reviewer for a defamation. Further, this research compares the supreme court's decision with general public's view on this defamation case, using a survey method. From the legal point of view, an online reviewer's primary motive determines whether the online reviews are defamatory statements or not. Specifically, if an online reviewer's primary motive is to increase the overall benefits for the public society, the online review does not bear any legal liability. According to our survey, consumers' view aligns with the final decision of the supreme court. They believe that online reviews should bear a minimum level of legal liability as online reviews often contain useful and valuable information which can enhance overall public benefits.

  • PDF

Unlimited Liability

  • Mckay, John S.
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.6
    • /
    • pp.137-147
    • /
    • 1994
  • Clearly there are many legal arguments and criticisms surrounding the proposals for change in the Warsaw Convention and the need for a radical review. The question remains is unlimited liability the answer or should there be some other form of supplemental compensation and if so, what limits should be applicable. It does seem that the adopted limits of the Convention are seen by many as the first line of defence, which, dependent on political and cultural differences, the legal interpretation of contractual wording and the legal system globally have resulted in enormous differences in compensation paid whether or not the Convention limits were imposed. An example of this is in the United States, which highlights the significance of the problem in that domestic travellers without Convention Limits can, through the American legal system, obtain compensation in the multi-million dollar area for a death claim, whereas a passenger t1ying internationally would in the first instance be subject to Convention Limits. expensive legal action through litigation. To date, we can advise that insurers have not charged additional premium for unlimited liability coverage. Insurance rates as we have stated are hardening considerably. To date, average rate increases have been plus 56% for aircraft hull and plus 45% for liabilities. Insurers last year suffered global losses of around US $ 1.1 Billion against a premium income of US $ 800,000. The target premium income for 1993 is believed to be in the region of US $1.4 Billion.

  • PDF

Transformation of Legal Personality in the Context of the Development of Modern Digital Technologies

  • Amelin, Roman;Channov, Sergey;Dobrobaba, Marina;Kalinina, Larisa;Kholodnaya, Elena
    • International Journal of Computer Science & Network Security
    • /
    • v.22 no.11
    • /
    • pp.294-302
    • /
    • 2022
  • The article explores the prospects and trends for the transformation of some basic concepts of law associated with the development of artificial intelligence systems and the problems of liability for harm caused by a robot. The prospects, conditions and consequences of vesting robots with partial (quasi) or full legal personality are explored. This process should lead to a revision of the concepts of will, subjective side and legal responsibility in the direction of their greater universalization. The legally significant signs of will, legal personality, legal liability in relation to robots, artificial intelligence systems and other complex automated information systems are clarified. The author identifies the following essential factors of legal qualification of an act committed by a robot: goals, reasons for setting goals, connections between the planned result and the action taken, the actual result, the reasons for the difference between the actual result and the planned one. The article pays special attention to the preventive function of legal liability, which, when applied to robot subjects, can be expressed in the following basic procedures. 1. Accounting for legal requirements in the behavior of the robot. 2. Timely adaptation of the robot to changes in legislation and other regulatory legal acts that affect its behavior. 3. Accounting for incidents. 4. Destruction of a series of robots whose actions lead to unacceptable consequences.

A Study on Carrier's Liability and Its Legislative Policy of Chinese Maritime Code (중국 해상법의 입법정책과 운송인의 책임에 관한 연구 - 국제해상운송협약과 비교법적으로 -)

  • Hwang, Seok-Kap;Jin, Qiu
    • Journal of the Korean Institute of Navigation
    • /
    • v.21 no.1
    • /
    • pp.89-102
    • /
    • 1997
  • Since 1979, the People's Republic of China has been opeining their marke tprogressively toward all over the world for developing its own domestic economy and international trade. China also has paid a great attention to the international maritime transport due to the fact that its volume of international trade has increased continuoulsy. Under such circumstance, the Chinese Maritime Code was issued in 1992 in which the regulation with regard to carrier's liability occupied an important position. The author, therefore, selected this issue for demonstration of the legal proinciples about carrier's liability which is provided in the Chinese Maritime Code. The study on the issue is under guidance of related international conventions. On the basis of the above, the differences between the Code and relevant conventions have been pointed out in order to make the people in the field of shipping understood for legal system with regard to carrier's liability in China which is a great potential partner of Korea in shipping and trade.

  • PDF

Study of Legal Issues on Complex Regional Pain Syndrome (CRPS) - Focusing on issues in damage compensation lawsuit - (복합부위통증증후군(CRPS)에 관한 법적 문제 고찰 - 손해배상소송의 쟁점을 중심으로 -)

  • Bae, Hyun-Mo
    • The Korean Society of Law and Medicine
    • /
    • v.11 no.1
    • /
    • pp.91-116
    • /
    • 2010
  • As Complex Regional Pain Syndrome (CRPS) is a new and rare illness, medical cause for it has not yet been clearly found out. Nevertheless, the patients continue to file lawsuits for damage compensation against wrongdoers or their insurers, claiming that the cause of the illness is certain actions of the wrongdoers. Moreover, the claim amount reaches to hundreds of millions of won through billions of won unlike other illnesses. Therefore, CRPS has become an important legal issue in the damage compensation lawsuit. Even though the wound is slight, the development and result may be serious in the case of CRPS. As a result, a sharp conflict arises even regarding medical diagnosis of CRPS in the lawsuit. And, even if the medical diagnosis of CRPS is admitted, severe debates occurs with regard to many issues, which include the causation between accident and CRPS in connection with establishment of damage compensation liability and scope of liability like anamnesis, determination standard of aftereffect disability, and scope of admitted aftereffect medical expense in connection with scope of damage compensation. In this study, I will review fundamental medical research on CRPS up to now and discuss principal legal issues in the damage compensation lawsuit focusing on lower court rulings.

  • PDF

Human-based aviation accidents with air traffic controller torts (항공기 사고와 인적요인 -관제사의 불법행위를 중심으로-)

  • Kim, Sun-Ihee;Baek, Kyeong-Won
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.32 no.2
    • /
    • pp.67-100
    • /
    • 2017
  • Throughout the history of the aviation industry, from its origins in the $20^{th}$century to the present, accidents have always occurred. This paper deals with the legal liability of air traffic controllers, who represent one of the human factors causing these accidents. Though controller negligence turns out to be a main cause of the accident, Korea does not have additional judical case, since it was firstly declared that controller negligence was accountable for the air traffic accident in 1971. As such, we examine the liability of air traffic controllers as public officers. This paper looks not only at the role of air traffic controllers and pilots in accidents, but also at the applicability of controller liability in the context of Korean law. We determine that despite the high-stress environment, air traffic controllers must share in the responsibility to provide safe air navigation. Therefore, they cannot avoid legal liability.

  • PDF

PL PREVENTION PROGRAM FOR EXPORT INDUSTRIES (PL 대응책에 대한 고찰)

  • 황의철
    • Journal of Korean Society of Industrial and Systems Engineering
    • /
    • v.9 no.14
    • /
    • pp.35-43
    • /
    • 1986
  • PL(product liability) is a major social, market, and economic force. The legal obligation of manufacturers and sellers to compensate for injury or damage caused by defective products is not a recent phenomenon. The concept of Product liability has been in existence for many years, but its emphasis has changed recently. This PL prevention program has shown that the two area of product quality assurance one is a PLD(product liability defense) and the other is a PLP(product liability prevention.

  • PDF

A study on strategic countermeasure against product liability (중소기업 제조물 책임제도 운영 현황)

  • Park, Roh-Gook;Chang, Seog-Ju
    • Proceedings of the Safety Management and Science Conference
    • /
    • 2011.04a
    • /
    • pp.277-288
    • /
    • 2011
  • Product liability as a process has developed significantly in the United Kingdom and the United States of America. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products.

  • PDF