• Korea Trade Review
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• v.43 no.4
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• pp.51-68
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• 2018

This study examined the scope of damages resulting from types of loss under the CISG and the PICC(2016). The CISG and PICC stipulate the rights of aggrieved parties to recover losses under the full compensation principle, but the PICC features more specific provisions regarding damages compared to the CISG. Therefore the PICC might provide practical insight resolving problems concerning damages under the CISG. There are direct and incidental losses, consequential losses, lost profit, and loss of chance that can be claimed by aggrieved parties under the CISG or the PICC but the scope of claimable losses differs by cases. For example, even though there are no specific clauses in the CISG or the PICC, some losses might include based on the requisite of damage under CISG or PICC. Therefore, it is important to know standards in which losses are covered by these agreements. In conclusion, related parties who engage in international trade should understand the requisite and limitation of damages, and need to clearly define specific losses that might not be governed under the CISG or the PICC.

• Korean Architects
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• s.563
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• pp.106-115
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• 2016

• Journal of Korea Port Economic Association
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• v.24 no.2
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• pp.19-41
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• 2008

The purpose of this study aims to explore scope of damages resulted from early redelivery under time charter with the Golden Victory case. In this case, disputes arose in relation to the quantum of damages recoverable by th owners. The owners contended that the second Gulf War was irrelevant to their claim, which was to be assessed at the difference between the charter rate and the lower market rate for the whole of the remaining four-year period of the charterparty. The charterers contended that since clause 33 would have entitled them to cancel the charter on the outbreak of the second Gulf War, two years after the repudiation, the owners' claim for damages only ran for those two years. There was no such rule as was contended for by the owners, and that the damages had to reflect the fact that, had there been no repudiatory breach, the charterparty would not have run its full term because the charterers would have cancelled the charter on the outbreak of the second Gulf War.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.263-302
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• 2014

The court handed down meaningful rulings related to medical sectors in 2013. This paper presents the ruling that the care workers could be the performance assistants of the care-giving service although the duties of care worker are not included in the liability stipulated in the medical contract signed with the hospital for reason of clear distinction of duties between care workers and nurses within the hospital in connection with the contract which was entered into between the hospital and patients. In relation to negligence and causal relationship, the court recognized medical negligence associated with the failure to detect the brain tumor due to the negligent interpretation of MRI findings while rejecting the causal relationship with consequential cerebral hemorrhage. The court also recognized negligence based on the observation on the grounds of inadequate medical records in a case involving the hypoxic brain damage caused during the cosmetic surgery. In terms of the scope of compensation for damages, this paper presents the ruling that the compensation should be estimated based on causal relationship only in case the breach of the 'obligation of explanation' is recognized, however rejecting the reparation for de factor property damages in the form of compensation, and the ruling that the lawsuit could be instituted in case that the damages exceeded the agreed scope despite the agreement that the hospital would not be held responsible for any aftereffects of surgery from the standpoint of lawsuit, along with the ruling that recognized the daily net income by reflecting the unique circumstances faced by individual students of Korean National Police University and artists of Western painting. Many rulings were handed down with respect to medical certificate, prescription, etc., in 2013. This paper introduced the ruling which mentioned the scope of medical certificate, the ruling that related to whether the diagnosis over the phone at the issuance of prescription could constitute the direct diagnosis of patient, along with the ruling that required the medical certificate to be generated in the name of doctor who diagnosed the patients, and the ruling which proclaimed that it would constitute the breach of Medical Act if the prescription was issued to the patients who were not diagnosed. Moreover, this paper also introduced the ruling that related to whether the National Health Insurance Service could make claim to the hospitals for the reimbursement of the health insurance money paid to pharmacies based on the prescription in the event that the hospitals provided prescription of drugs to outpatients in violation of the laws and regulations.

• The Journal of the Korea Contents Association
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• v.21 no.8
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• pp.305-314
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• 2021

According to the recent judgment of Supreme Court, in case when the National Health Insurance Service pays the insurance to a victim of torts, and then subrogate the victim's claim for damages, the scope of institution's subrogation should be limited to the amount of the assailant's responsibility rate of the institution charge, and the amount of compensation claimed by the victim to the assailant should be calculated in the method of contributory negligence after deduction. The court has judged that the institution could subrogate the whole amount of institution charge in the limit of assailant's damages, and the method of deduction after contributory negligence should be applied when calculating the assailant's damages to the victim. Supreme Court decision is greatly significant in the aspect of harmonizing the nature of health insurance as property right and social insurance as the beneficiaries could get additional supplement, and also seeking the balance between insurer and beneficiary. With the changed legal principles of Supreme Court in the scope of institution subrogation like this, the necessities to complement the litigation relation, legislation, and institution were suggested.

• Steel and Composite Structures
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• v.18 no.1
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• pp.149-163
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• 2015

Orthotropic steel highway bridges exist almost everywhere in world, especially in Europe. The design of these bridges started very early in 20th century and ended with a conventional orthotropic steel bridge structure, which is today specified in DIN FB 103. These bridges were mostly built in 1960's and exhibit damages in steel structural parts. The primary reason of these damages is the high pressure that is induced by wheel- loads and therefore damages develop especially in heavy traffic lanes. Constructive rules are supplied by standards to avoid damages in orthotropic steel structural parts. These rules are first given in detail in the standard DIN 18809 (Steel highway- and pedestrian bridges- design, construction, fabrication) and then in DIN- FB 103 (Steel bridges). Bridges built in the past are today subject to heavier wheel loads and the frequency of loading is also increased. Because the vehicles produced today in 21st century are heavier than before and more people have vehicle in comparison with 20th century. Therefore dimensioning or strengthening of orthotropic steel bridges by using stiffer dimensions and shorter spans is an essence. In the scope of this study the complex geometry of conventional steel orthotropic bridge is generated by FE-Program and the effects of cross beam web thickness and cross beam span on steel bridge are assessed by means of a parameter study. Consequently, dimensional and constructional recommendations in association with cross beam thickness and span will be given by this study.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.3-26
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• 2007

This article attempts to describe and analyze discussions on the matter of ex tunc effect or a ex nunc effect of rescission under Korean law in comparison with those under the CISG). In addition, it tries to scrutinize the various rules on the right to damages as an effect of rescission in a comparative way. Furthermore, it compares the various rules of Korean law with the CISG as to the right to damages and evaluates them in light of the discipline of comparative law. It maintains that the liquidation theory in Korean law is more close to the CISG in that there is no ex tunc effect in rescission and in other aspects. It also argues that the construction of the effects of rescission in accordance with the liquidation theory is more plausible when one considers Korea is one of the contracting states of the CISG. In addition, the theoretical analysis and the comparative study with the CISG shows that the insistence of ex nunc effect and its interpretation on the scope of damages extends to damages for expectation interest. It is also submitted that the position under the CISG on the assumption of ex nnuc effect, is regretted in that the restitution in value of the goods in the event of impossibility of the physical restitution is not allowed in some cases which the damage claims can not be awarded for the seller due to the application of the CISG Art. 79.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2014.05a
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• pp.164-165
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• 2014

In the case of U.S, various damage prediction models of buildings from natural disasters have been used widely in many organizations such as insurance companies and governments. In South Korea, although studies regarding damage prediction model of hurricane have been conducted, the scope has been only limited to consider the property of hurricane. However, it is necessary to consider various factors such as socio-economic, physical, geographical, and built environmental factors to predict the damages. Therefore, as a basic study on a damage prediction model development of buildings, this study is to analyze the correlation between various factors related to hurricane. The findings of study can be utilized to develop for predicting the damage of hurricane on buildings.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.16 no.12
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• pp.8745-8752
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• 2015

Since many accidents have occurred in Korea in these days, many people have lost their health and have been damaged. The damages caused by fires which occur to many buildings where many people always reside takes a substantial share of the total damages. And since the proportions of the domestic fire protection designing/supervising industries are relatively much disregarded compared to other kinds of work, it is in the situation that there are many cases of serious damages because the fire protection equipment didn't exert the proper functions on fire after a building is constructed since the supervision against the poor construction along with the inadequate design. In order to improve such situations, in case of the design industry, the criteria on registration and workforce placement, the scope of operation, the design documents required when requesting the agreement to the construction permits, the responsibilities and authorities about the jobs of the fire protection facility designers must be improved and, in case of supervising industry, the registration criteria, the operation scope and the kinds, methods, targets and criteria of supervision, the criteria on the additional placement of assistant supervisors, the contents and scope of work must be improved, the PQ system and Public Supervision System must be reviewed and the systems for preventing any poor supervision must be improved in order to pursue the security of the people and their properties at the same level as the other kinds of work by preparing for the firm position and foundation of the fire protection design and supervision.

• Journal of the Korea Society for Simulation
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• v.6 no.1
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• pp.85-96
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• 1997

Designing and constructing a proper simulator for real power plants requires extensive research in human engineering and computer science and integration of different fields of technologies such as system analysis, operational knowledge for nuclear plant, etc. A full scope replica type simulator for nuclear power plant is developed. The simulator has the same feature and operational functions as one in the main control room (MCR) of a reference power plant. The simulator provides the necessary training to recover or reduce damages from accidents that usually are unpredictable. This paper describes the configurations and characteristics for the simulator that is developed for Younggwang Nuclear Power Plant #3,4 which is the basic model of the Korean Nuclear Power Plant. The paper also describes technical aspects of Auto Code Generator that is used for developing the simulator. The successful development of the simulator will contribute to improve safety in operation of nuclear power plants.