• 제목/요약/키워드: source of insurance law

검색결과 9건 처리시간 0.025초

남북경협증가에 따른 위험의 완화방법으로서의 보험제도 - 북한보험법의 법원문제를 중심으로 - (An Increase the South-North Economic Corporations and Insurance as a Scheme for the Transfer of Risk - Focus on the Source of North Korea Insurance Law -)

  • 김선정
    • 한국중재학회지:중재연구
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    • 제15권3호
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    • pp.267-301
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    • 2005
  • Following the increased economic corporations between the South and North Korea, many companies participate the corporation program. They needs insurance policy as a scheme for the transfer of risk from those individual company to it to an insurer. This paper review the possibility of the North Korea insurance authorities and research the origin, history, structure and context of the North Korea insurance law. The North Korea Insurance law differ from the South Korea and China's. North Korea Insurance authority has not capability of doing insurance business both side of underwriting and indemnity. Partly, it caused the uncertainty, insufficient and vague of the insurance law. The writer conclude that the North Korea insurance law faced to the needs of modernization. Especially, the Gyesung Industrial Complex Insurance Regulation couldn't cover the investor and company's risk because it is not based on the nature and basic principles of insurance.

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건강보험 진료비심사의 법적 근거와 효력 (The Legal Base and Validity of Reviewing Medical Expenses in the Health Insurance)

  • 김운목
    • 의료법학
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    • 제8권1호
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    • pp.137-177
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    • 2007
  • The medical expenses review system in Korea has developed under fee-for-service system with its own unique structure. The importance of reviewing medical expenses has been emphasized, as the size of medical expenditures moving through the health insurance legal context and its weight in the national economy have increased very rapidly. It is, however, analyzed that the feuds and arguments continue among the stakeholders for the lack of laws supporting the medical expenses review system. The medical expenses review is a series of administrative procedures, deciding whether claims from medical care institutions to the insurer are legal and valid or not. It mainly controls the increase of unnecessarily excessive health insurance claim and prevents fraudulent claim and abuse and checks the less use or unsuitable use of medical resources. It also works a function guarantees medical benefits for the appropriate treatment according to the object of health insurance system as a social insurance scheme. The dispute on legal base of the medical expenses review is about the source of law in the medical expenses review. There are the Health Insurance Act and administrative laws as jus scriptum and the guidelines of review as administrative orders. The medical expenses review should reflect various factors, such as the development of medical healthcare technologies, the health expenditures distribution, the financial situation of the health insurance, and the evaluation on the level of appropriate benefits. It is also likely to adapt to the traits of characters of medicine, and trends and transition, Besides it should judge the legality and the validity of medical benefits expenditures by synthesizing these all factors. And the evaluation system of appropriateness of medical benefits was administrative procedure which was consecutive with reviewing the medical expenses system and it was intended to make up for the result of reviewing the medical expenses in more comprehensive levels.

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국제대금결제 추세와 국제팩토링에 의한 신용위험 대처방안에 관한 연구 (A study on International Payment Trend and Measures to Protect Credit Risk by International Factoring)

  • 박세훈;한기문
    • 무역상무연구
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    • 제44권
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    • pp.85-107
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    • 2009
  • L/C allows the exporter to have a bank's payment undertaking against shipping documents required by L/C. This means that the exporter can take export proceeds from a L/C issuing bank regardless of importer's payments and therefore the L/C better mitigate importer's credit risk compared to remittance and collections. Recently the use of L/C has been on down trend in line with increasing use of T/T, causing a big change of payment system. This tells that the payment method change in Korea is positive as the change also happens same in developed countries. This however gives more buyer's credit risk to exporters and therefore a systematic solution to this negative effect is required. In Korea, export credit insurance has been widely used to cover the buyer's credit risk. But the export credit insurance is limited because of lack of government's financial support and strict evaluation of buyer and exporter. Now Korea is ranked 10the largest trading country and therefore the exporters shall find another source for credit risk protection elsewhere. And as such this paper suggest International Factoring as a tool for the credit risk protection. The International Factoring gives advantages to the exporter in terms of credit protection and advances by purchasing account receivables on a without recourse basis.

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An Application of RASA Technology to Design an AI Virtual Assistant: A Case of Learning Finance and Banking Terms in Vietnamese

  • PHAM, Thi My Ni;PHAM, Thi Ngoc Thao;NGUYEN, Ha Phuong Truc;LY, Bao Tuyen;NGUYEN, Truc Linh;LE, Hoanh Su
    • The Journal of Asian Finance, Economics and Business
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    • 제9권5호
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    • pp.273-283
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    • 2022
  • Banking and finance is a broad term that incorporates a variety of smaller, more specialized subjects such as corporate finance, tax finance, and insurance finance. A virtual assistant that assists users in searching for information about banking and finance terms might be an extremely beneficial tool for users. In this study, we explored the process of searching for information, seeking opportunities, and developing a virtual assistant in the first stages of starting learning and understanding Vietnamese to increase effectiveness and save time, which is also an innovative business practice in Use-case Vietnam. We built the FIBA2020 dataset and proposed a pipeline that used Natural Language Processing (NLP) inclusive of Natural Language Understanding (NLU) algorithms to build chatbot applications. The open-source framework RASA is used to implement the system in our study. We aim to improve our model performance by replacing parts of RASA's default tokenizers with Vietnamese tokenizers and experimenting with various language models. The best accuracy we achieved is 86.48% and 70.04% in the ideal condition and worst condition, respectively. Finally, we put our findings into practice by creating an Android virtual assistant application using the model trained using Whitespace tokenizer and the pre-trained language m-BERT.

A Comparative Study on Marine Transport Contract and Marine Insurance Contract with Reference to Unseaworthiness

  • Pak, Jee-Moon
    • Journal of Korea Trade
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    • 제25권2호
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    • pp.152-177
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    • 2021
  • Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

남.북한 항공법 비교연구 (A Comparative Study on the Civil Aviation Law between South and North Korea.)

  • 김맹선;이시황
    • 항공우주정책ㆍ법학회지
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    • 제21권2호
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    • pp.97-121
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    • 2006
  • 남 북간 정상회담을 위한 서해 임시직항로가 개설된 이후부터 서울과 평양 간 직항로를 이용한 민간항공의 교류는 부정기적이며 당국자간의 필요에 의하여 계속되어 왔다. 남 북한 간의 정상적인 항공기운항은 양국 간 협의에 의하여 이루어 질수도 있고 또는 부지불식간에 예상치 못한 상태에서 이루어 질수도 있다. 본 연구는 남 북간 항공법의 차이를 비교연구 함으로써 향후 남 북한 간 민간 항공기의 정상적인 운항에 기여할 수 있는 바람직한 제도적 기틀을 마련하는데 목적이 있다. 남 북한은 혈연, 역사, 언어 등을 같이하는 분단체제이나, 남한과 북한은 법체계가 다르게 되어 있다. 남한의 법은 대륙법계의 영향을 받아 체계적인 규정형식을 취하고 있는 반면에 북한의 항공법은 사회주의법계의 영향으로 그 규정이 일반적이며 추상적인 것이 특징이다. 항공법의 법원에 있어, 남한과 북한은 모두 국제민간항공협약의 체약국으로 협약상의 규정과 권고사항을 바탕으로 제정된 결과 많은 유사점이 있으나 항공기 및 비행장등에 대한 소유권의 유무, 공법 및 공사법 체계에서 오는 항공사의 책임제도와 보험가입의무등 상이한 내용도 연구결과 도출 되었다. 그러나 북한법에 관한 연구는 자료가 매우 제한적일 뿐만 아니라 북한의 법령자체도 거의 공표되지 않고 있는 실정이기 때문에 본 연구에서는 국내에서 수집 가능한 자료를 중심으로 북한의 항공법과 남한항공법을 내용상의 차이점을 중심으로 비교 연구하였다.

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미국 담배소송의 변천과 보건법정책 효과 (The Development of Tobacco Litigation in USA and it's Impact of Law and Politics in Public Health)

  • 김운묵;김지현
    • 의료법학
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    • 제12권1호
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    • pp.133-173
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    • 2011
  • Since mid-1960s the reports from the Surgeon General, the World Health Organization, and other health experts state that there is no risk-free level exposure to smoking and secondhand smoke. Tobacco smoke is made up of more than 7,000 chemicals. Hundreds are toxic, and at least 70 are carcinogens. The chemicals in tobacco smoke reach smoker's lungs quickly every time smoker inhale causing damages immediately. Inhaling even the smallest amount of tobacco smoke can also damage smoker's DNA, which can lead to cancers. Smoking is responsible for more than 87% of lung cancers, but there are a host of other chronic diseases directly related to exposure to tobacco smoke. It's also a major cause of heart disease, stroke, aortic aneurysm, peripheral arterial disease and most of the other diseases. In the United States, each year with more than from 440,000 to 520,000 deaths caused by smoking and exposure to involuntary smoke. They conclude that smoking is the single most important source of preventable morbidity and mortality. The United States of America have about 60-year history of tobacco litigation. Tobacco litigation has been an important tool in tobacco control strategies aimed at limiting the activities of tobacco companies and providing redress to people who have become ill as a result of their use of tobacco products. Tobacco litigation is a kind of tort litigation. Quite often, as in the asbestos and other mass tort litigation episodes, tobacco litigation can play an educational role, warning the public about the magnitude of health risks that might otherwise be less clearly perceived. Tobacco litigation allows smokers, their families or other victims of smoking to sue tobacco companies in order to be compensated for the harm they have suffered. Potential benefits of tobacco litigation include compensation for smoking-related damages, strengthening regulatory activity, publicity, documents disclosure and changing tobacco industry behavior. And also tobacco litigation can limit the political activities of tobacco industry, protect human rights of smokers and non-smokers, increase burden to tobacco price-up and enhance the effects of law and politics in public health.

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항공운항 시 제3자 피해 배상 관련 협약 채택 -그 혁신적 내용과 배경 고찰- (Conclusion of Conventions on Compensation for Damage Caused by Aircraft in Flight to Third Parties)

  • 박원화
    • 항공우주정책ㆍ법학회지
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    • 제24권1호
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    • pp.35-58
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    • 2009
  • 항공기 운항 중 제3자에 대한 피해를 배상하는 국제 조약은 1933년 로마협약에서 처음 규정하였지만 호응을 얻지 못한 채 1952년 로마 협약으로 개정되면서 배상 금액이 상향 조정되는 등 일부 내용이 개선되었다. 이에 불구하고 2009년 현재 협약 당사국이 49개국에 불과하여 보편적인 국제 조약으로 기능하지 못하고 있는데 동 협약을 개선한 1978년 몬트리올 의정서는 배상 상한을 다시 인상하였음에도 불구하고 미국, 일본, 영국, 독일 등 주요 항공 대국이 참여치 않은 가운데 의정서 당사국이 12개국에 그치면서 명목을 유지하는 형편이다. 이에 따라 제3자에 대한 항공기 피해에 대한 배상은 사고 발생지 국내법에 의해 해결하는 추세이다. 2001년 발생한 9.11 테러 공격은 세계 최대 강국인 미국이라도 대규모 제3자 피해를 혼자 감당하기 어려운 것을 인식하게 된 가운데 국제민간항공기구(ICAO) 주도하에 국제사회 공동으로 향후 재발에 대비한 배상 체제를구축코자 ICAO 법률위원회의 수년간 작업 끝에 제3자 피해 배상에 관한 현대판 조약을 캐나다 몬트리올 외교회의에서 채택케 된 것이다. 과거 지상 제3자 피해 배상에 관한 협약과는 달리 공중 충돌로 제3자가 피해를 볼 경우도 포함시켜 '지상'이라는 표현이 협약 제목에서 삭제된 한편, 과거 협약이 항공기를 테러로 이용하여 제3자 피해가 발생할 것을 예상하지 못하였지만 금번 채택 협약은 9.11 사태와 같이 항공기를 이용한 테러공격으로 제3자 피해가 발생할 경우의 배상에 주안을 두었다. 그런 가운데 조약 제정 편의상 테러 공격에 의한 제3자 피해에 대한 배상을 위한 "불법방해배상협약"과 그렇지 않은 일반 위험 (general risks)으로 인한 제3자 피해 배상에 관한 "일반위험협약"으로 분리하여 2개의 조약을 외교회의의 컨센서스로 채택하였다. 상기 2개의 조약은 대규모 제3자 피해 발생을 염두에 두고 배상 상한을 대폭 인상하여 피해 배상을 현실화함과 동시에 신체적 피해로 인한 정신적 피해도 배상 대상에 포함시키면서 오늘날 항공운송 사고 시 승객에게 적용되는 조건을 제3자 피해자에게도 적용하는 등 조약의 내용을 현대화 시켰다. 그러나 "불법방해배상협약"은 대규모 피해에 대비한 배상금 충당을 위하여 "국제민간항공배상기금"을 창설하면서 어느 한 나라가 협약 당사국이 되느냐 마느냐에 따라서 협약이 운명이 좌우되게끔 하는 유별난 조항을 포함시켰다. 이는 미국을 염두에 둔 내용으로서 협약의 보편성을 해치는 한편, 일반적으로 국가가 배상책임을 지는 사안인 테러에 의한 피해 배상을 항공 산업에 있어서만 항공운송업자와 승객이 책임을 부담도록 하는 등의 독특한 내용들을 담고 있는 특징과 함께 협약의 장래 전망이 우려된다. 이는 국제 정치 현실상 몇 나라가 부담하는 테러 위험을 아무런 보상도 없이 여러 나라에 분산시키는 결과를 가져오는 내용이기 때문에 더욱 그러하다.

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항공기(航空機) 사고조사제도(事故調査制度)에 관한 연구(硏究) (A Study on the System of Aircraft Investigation)

  • 김두환
    • 항공우주정책ㆍ법학회지
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    • 제9권
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    • pp.85-143
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    • 1997
  • The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

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