• Title/Summary/Keyword: prevention of claim

Search Result 52, Processing Time 0.024 seconds

A Comparative Study on the Mediation System Between Korea and PRC (무역분쟁해결을 위한 한$\cdot$중 조정제도의 비교연구)

  • Shin Koon-Jae
    • Journal of Arbitration Studies
    • /
    • v.14 no.1
    • /
    • pp.157-184
    • /
    • 2004
  • Dispute plays a key role in maintaining the desirable trading performance. There are many problems such as problems of enforcement of arbitral award and the uncertainty of legal system in PRC. Therefore, the Korean trading companies with Chinese companies should be more concerned with mediation. It's because mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies. This article investigates some differences of mediation between ROK and PRC, and suggests the following ways to resolve dispute. First, the Korean companies should utilize the mediation in small claim but arbitration in big claim. Second, Write a contract and insert mediation clause in BCC or the standard arbitration clause in KCAB. Third, the companies should be more concerned with prevention of dispute than dispute resolution. In conclusion, to expand mediation system into an effective dispute resolution system, The Korean Dispute Resolution Center should be established.

  • PDF

The Development of a Web-based Decision Support System for Construction Claim Management (건설 클레임 관리를 위한 웹기반의 의사결정 지원 시스템 개발)

  • Sung, Nak Won;Kim, Young Suk;Lee, Mi Young;Lee, Jung Sun
    • KSCE Journal of Civil and Environmental Engineering Research
    • /
    • v.26 no.1D
    • /
    • pp.115-123
    • /
    • 2006
  • Recently, construction claims have been increased for protecting the rights of construction participants and effectively adjusting the changes under the contract. Thus, the importance of claim management has been emphasized in the construction industry. In domestic construction industry, some claim issues involved in construction activities are often being developed into disputes and even litigations because of the absence of methods or systems for the dispute resolution, and the lack of judicial precedents which can be provided as the references for resolving a particular dispute. In general, the judicial precedents related to the disputes and litigations occurred among construction participants would be extremely valuable in evaluating and analyzing current claims issues. However, such useful information has not been effectively accumulated and utilized in resolving the similar or sometimes identical types of disputes, thus requiring a large amount of additional costs, time and efforts. The primary objective of this study is to propose a web-based decision support system for construction claim management, which enables contractual participants to easily access and use the information of the judicial precedents related to the current construction claims. The decision support system is composed of 'prevention' and 'settlement' modules for avoiding and systematically resolving the construction claims.

Cohort Analysis of Incidence/Mortality of Liver Cancer in Japan through Logistic Curve Fitting

  • Okamoto, Etsuji
    • Asian Pacific Journal of Cancer Prevention
    • /
    • v.14 no.10
    • /
    • pp.5891-5893
    • /
    • 2013
  • Incidence/mortality of liver cancer follow logistic curves because there is a limit reflecting the prevalence of hepatitis virus carriers in the cohort. The author fitted logistic curves to incidence/mortality data covering the nine five-year cohorts born in 1911-1955 of both sexes. Goodness-of-fit of logistic curves was sufficiently precise to be used for future predictions. Younger cohorts born in 1936 or later were predicted to show constant decline in incidence/mortality in the future. The male cohort born in 1931-35 showed an elevated incidence/mortality of liver cancer early in their lives supporting the previous claim that this particular cohort had suffered massive HCV infection due to nation-wide drug abuse in the 1950s. Declining case-fatality observed in younger cohorts suggested improved treatment of liver cancer. This study demonstrated that incidence/mortality of liver cancer follow logistic curves and fitted logistic formulae can be used for future prediction. Given the predicted decline of incidence/mortality in younger cohorts, liver cancer is likely to be lost to history in the not-so-distant future.

Molecular Targeting Agents in Cancer Therapy: Science and Society

  • Shaikh, Asim Jamal
    • Asian Pacific Journal of Cancer Prevention
    • /
    • v.13 no.4
    • /
    • pp.1705-1708
    • /
    • 2012
  • The inception of targeted agents has revolutionized the cancer therapy paradigm, both for physicians and patients. A large number of molecular targeted agents for cancer therapy are currently available for clinical use today. Many more are in making, but there are issues that remain to be resolved for the scientific as well as social community before the recommendation of their widespread use in may clinical scenarios can be done, one such issue being cost and cost effectiveness, others being resistance and lack of sustained efficacy. With the current knowledge about available targeted agents, the growing knowledge of intricate molecular pathways and unfolding of wider spectrum of molecular targets that can really matter in the disease control, calls for only the just use of the agents available now, drug companies need to make a serious attempt to reduce the cost of the agents. Research should focus on agents that show sustained responses in preclinical data. More needs to be done in laboratories and by the pharmaceutical industries, before we can truly claim to have entered a new era of targeted therapy in cancer care.

Cigarette Alternatives: Are they Safe?

  • Shantakumari, Nisha;Muttappallymyalil, Jayakumary;John, Lisha Jenny;Sreedharan, Jayadevan
    • Asian Pacific Journal of Cancer Prevention
    • /
    • v.16 no.8
    • /
    • pp.3587-3590
    • /
    • 2015
  • In spite of limited data regarding the safety or effectiveness of electronic cigarette introduced into the market as a healthier alternative to tobacco smoking, its popularity has increased enormously. E-cigarettes have penetrated the market rapidly owing to the elaborate marketing network and attractive marketing strategies. Stated advantages include the claim that they help quit smoking and produce less exposure than conventional smoking. The list of disadvantages is even more elaborate. While the majority of the studies supporting health claims and efficacy for quitting smoking are not scientifically sound, they are also challenged by studies providing contradictory results. Owing to the limited evidence on the potential advantages and disadvantages of e-cigarettes, the debate on their safety continues.

Third Party's Legal Interest Protection from Commercialization of Drones -A focus on Decision of the German District Court- (카메라 장착 드론에 대한 지상 제3자의 법익 보호 - 독일의 하급심 판결을 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.35 no.1
    • /
    • pp.3-32
    • /
    • 2020
  • With controlling Drones, although it was discussed in the previous study which showed a possibility. Which is personality and property rights of third parties could be violated while operating the drone with a video camera. But It's hard to find out precedents related to drones in Korea. In case of that someone try to control the drone which is equipped with a camera in a yard of neighborhood, the German District Court (Potsdam) considered an operator of drone has little bit of careless to do his duty and admit nonfeasance claim in the owner of the one's property for prevention to repetition of similar situation according to a nonfeasance claim for prevention to Section 1004 (1) sentence 2 of the German Civil Code(BGB). The drone which is equipped with a camera have possibilities to disrupt property and personal rights of the owner. Because a danger in repetition is getting larger regarding the violation of law. Moreover, there is a case that someone shot down the drone which is equipped with a camer. Because it has a risk to interrupt private life and cause some dangerous in our life. The German district court(Riesa) recently have considered that controlling the drone with a camera in private spaces is illegal as a violation of personal life. In addtion to, the action of property owner shot down drone is a legal according to § 228 of the German Civil Code(BGB) which is caleed "Necessity". Although it is difficult to apply to foreign cases directly to Korea, similar cases are likely to be occurred in Korea. The decision of the German District Court showed implications to Korea. As demand for the camera-equipped drone increases in Korea, it is time to discuss specific measures for drone violations.

The Health Examinees (HEXA) Study: Rationale, Study Design and Baseline Characteristics

  • Health Examinees (HEXA) Study Group
    • Asian Pacific Journal of Cancer Prevention
    • /
    • v.16 no.4
    • /
    • pp.1591-1597
    • /
    • 2015
  • Background: Korea has experienced rapid economic development in a very short period of time. A mixture of traditional and modern risk factors coexists and the rapid change in non-genetic factors interacts with genetic constituents. With consideration of these unique aspects of Korean society, a large-scale genomic cohort study-the Health Examinees (HEXA) Study-has been conducted to investigate epidemiologic characteristics, genomic features, and gene-environment interactions of major chronic diseases including cancer in the Korean population. Materials and Methods: Following a standardized study protocol, the subjects were prospectively recruited from 38 health examination centers and training hospitals throughout the country. An interview-based questionnaire survey was conducted to collect information on socio-demographic characteristics, medical history, medication usage, family history, lifestyle factors, diet, physical activity, and reproductive factors for women. Various biological specimens (i.e., plasma, serum, buffy coat, blood cells, genomic DNA, and urine) were collected for biorepository according to the standardized protocol. Skilled medical staff also performed physical examinations. Results: Between 2004 and 2013, a total of 167,169 subjects aged 40-69 years were recruited for the HEXA study. Participants are being followed up utilizing active and passive methods. The first wave of active follow-up began in 2012 and it will be continued until 2015. The principal purpose of passive follow-up is based on data linkages with the National Death Certificate, the National Cancer Registry, and the National Health Insurance Claim data. Conclusions: The HEXA study will render an opportunity to investigate biomarkers of early health index and the chronological changes associated with chronic diseases.

An Improvement of Lead Wire Winding Claims: A Case Study -Packing Reel and Deployment of Winding Process- (리드선 권선클레임 개선사례연구 -포장용기개량 및 권선공정전개를 중심으로-)

  • 강인선
    • Journal of Korean Society of Industrial and Systems Engineering
    • /
    • v.25 no.1
    • /
    • pp.49-55
    • /
    • 2002
  • For making a lead terminal(condenser, resistor etc.), it is the matter that lead wire have to be supplied smooth without twisting and curving when it is supplied to the further processing (cutting, forming, attach process) after it being forwarded. The purpose of this study is to solve the winding claims of lead wire through the structural expansion of winding equipment to which the improvement of packing equipment to forward safely and supply the lead wire and QFD method are applied. The results of this study is available to solve the technical problem caused by the installation of the existing flyer system for the prevention of twisting and can expect the quality assurance as it prevents the claim(surface fault) caused by the bumping among lead wire which are involved in the packing equipment in its moving stage.

Association of Body Mass Index with Medical Care Use and Costs - Cerebrovascular Diseases, Ischemic Heart Disease, Hypertension and Diabetes Mellitus -

  • Kim, Kyung-Ha;Noh, Jin-Won
    • International Journal of Contents
    • /
    • v.13 no.2
    • /
    • pp.14-20
    • /
    • 2017
  • The purpose of this study was to investigate the association of obesity with medical care use and costs according to overall diseases, cerebrovascular diseases (CVD), ischemic heart disease (IHD), hypertension (HTN) and diabetes mellitus (DM). The final sample was a group of persons who were free of diseases mentioned above and were not underweight. Their baseline screening program data and health insurance contribution data were connected with a 7-year medical claim database. The participants were classified according to their baseline BMI into normal, overweight, obese, and severely obese groups. Given the disease type, the total costs of DM showed the largest difference in each obesity group in both males and females. Also, the pharmacy costs for DM were more relevant than any other type of service to the obesity level. Considering the high prevalence of obesity and the relevantly increased medical care use and costs, there is a need for reduction in medical costs through obesity prevention efforts.

Analysis of Dispute Cases According to the Construction Project Phases -Focused on Cases of the Supreme Court and Korean Commercial Arbitration Board- (건설프로젝트 단계별 분쟁사례 분석에 관한 연구 - 대법원 및 대한 상사 중재원 사례를 중심으로 -)

  • Lee, Yi-Do;Park, Jeong-Ro;Kim, Jae-Jun
    • Proceedings of the Korean Institute of Building Construction Conference
    • /
    • 2010.05a
    • /
    • pp.185-189
    • /
    • 2010
  • As recent construction project has specialization and high-level of the engineering, Although, It has always uncertainty of agreement and contract enforcement, factors of difficult to predict etc. in each phase. In this process, Various interest groups involved are continuously generated dispute of interest each others. So this paper analyzed the dispute cases in construction projects from the Supreme Court and Korean Commercial Arbitration Board in Korea, and then identified the dispute types and causes that occur during all of the construction project phases with their influence analysis. At the result, It will be contributed to the basic data for pre-dispute prevention in the construction projects.

  • PDF