• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.385-417
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• 2017

Insurances of space activities are divided into satellite insurance, astronaut insurance and third party liability insurance. Against the background of the rapid development of space commercialization, especially the increasing participation of private entities in space affairs, the present international and domestic mechanisms of space insurance are challenged. As a space-faring state which is in the process of developing space businesses, the regulations of space insurance in China are deserved to be discussed. Satellites insurance is at present well-developed, the "pre-launch", "launch" and "in-orbit" phases of satellites are all possible to be insured by related companies. China created the CAIA in 1997 to provide insurance for Chinese satellites. However, with more private entities start to involve in space as well as satellite industry, the regime established under the framework of CAIA is necessary to be modified, and the mechanism relating to space insurance brokers should be promoted. The astronauts are recognized as the envoy of humankind, and relevant international regulations are made to provide assistance to them in emergency circumstances. From the domestic perspective, astronauts will be fully insured. China creates a particular type of insurance for astronauts. However, once space tourism becomes a business, the insurance of the tourist will be demanded to be created. In order to promote China's space tourism, it is recommended to take the "Astronaut Group Insurance" as an optional model to space tourists, if the tourists are customers of a governmental-owned space company. Once private involvement of providing orbital/suborbital tourism service becomes a reality, new rules are required. Getting a third party liability insurance is deemed as an indispensable precondition for an applicant to get a launch permission. Domestic space laws will include provisions for the third party liability insurance. China's "Interim Measures" of 2002 realizes the importance of third party liability insurance and requires the permit holder to get it before entering the launching site. This regulation is different from the practices of other states. Concerning that China is the sponsor of APSCO, for the purpose of promoting commercial space cooperation, a harmonized approach to domestic law is recommended to be found.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.271-297
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• 2011

Recently, risk of space accident possibility increased in according to commercial space activity and space debris. It failed launch satellite second times in South Korea. Therefore was discussed on liability and insurance issue. Generally, discuss of space insurance be divided two type. Firstly, space insurance relevant to launching satellite and in-orbit. Satellite Launch Insurance and In-Orbit Insurance by the Satellite Operator Secondly, space insurance relevant to Third Party Liability. The former is to protect owner of satellite and operator. The latter is to liable and indemnify owner of satellite and operator's liability. US, UK, France, Russia, South Korea forced to buy space insurance following to domestic law. This is a brief overview of risk allocation and insurance practices in the commercial space transportation industry today. We begin with traditional space transportation, i.e., commercial satellite launches. This is a mature industry with known players. Industry practices have developed and legislation has been adopted in the U.S. and other countries over the past decades to address liability and insurance issues. The primary focus here is on U.S. law, but the discussion of industry practice applies more generally. We then move on to a more exotic form of space transportation: Commercial human space flight. Several private companies are now signing up space tourists for commercial suborbital human space flight, advertised to become available in the near future. The United States amended its launch legislation in 2004 to promote commercial human space flight. But questions remain as to how this new industry will respond to the risk allocation regime established by the U.S. legislation, which leaves both the space flight operator and space tourist exposed to risk and potential liability. As a general proposition, state statutes and contractual waivers alone cannot be relied upon to provide adequate liability protection, and insurance will be required. Federally mandated contractual waivers by space flight participants or liability caps would be helpful to complement insurance solutions. Eventually, as the industry matures, such practices could be extended to an international legal regime. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and concluded that uniform legal regime to govern these insurance issues should be established domestically and internationally in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.101-118
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• 1993

Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.169-189
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• 2006

In 2007, KSLV(Korea Small Launching Vehicle) that we made at Goheung National Space Center is going to launch and promotes of our space exploration systematically and 'Space Exploration Promotion Act' was enter into force. 'Space Exploration Promotion Act' article 3, section 1, as is prescribing "Korean government keeps the space treaties contracted with other countries and international organizations and pursues after peaceful uses of outer space." The representative international treaties are Outer Space Treaty (1967) and Liability Convention (1972) etc. In Liability convention article 2, "A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The important content of the art. 2 is the responsible entity is the 'State' not the 'Company'. According by Korean Space Exploration Act art. 14, person who launches space objects according to art. 8 and art. 11 must bear the liability for damages owing to space accidents of the space objects. Could Korean government apply the Products Liability Act which is enter into force from July 1, 2002 to space launching person? And what is the contact type between Korea Aerospace Research Institute(KARl) and Russia manufacturer. Is that a Co-Development contract or Licence Product contract? And there is no exemption clause to waive the Russia manufacturer's liability which we could find it from other similar contract condition. If there is no exemption clause to the Russia manufacturer, could we apply the Korean Products Liability Act to Russia one? The most important legal point is whether we could apply the Korean Products Liability Act to the main component company. According by the art. 17 of the contract between KARl and the company, KARl already apply the Products Liability Act to the main component company. For reference, we need to examine the Appalachian Insurance co. v. McDonnell Douglas case, this case is that long distance electricity communication satellite of Western Union Telegraph company possessions fails on track entry. In Western Union's insurance company supplied to Western Union with insurance of $ 105 millions, which has the satellite regard as entirely damage. Five insurance companies -Appalachian insurance company, Commonwealth insurance company, Industrial Indemnity, Mutual Marine Office, Northbrook Excess & Surplus insurance company- went to court against McDonnell Douglases, Morton Thiokol and Hitco company to inquire for fault and strict liability of product. By the Appalachian Insurance co. v. McDonnell Douglas case, KARl should waiver the main component's product liability burden. And we could study the possibility of the adapt 'Government Contractor Defense' theory to the main component company.

• Journal of The Korea Institute of Healthcare Architecture
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• v.20 no.4
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• pp.67-80
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• 2014

Purpose : Long-term Care Insurance sets up facility standard and installation standard of aged care facilities and decides the presence of minimum number of rooms and its size in care facilities by using systematic instruments. Therefore, most aged care facilities had renovation in expansion and reconstruction following the revised regulations and even facility space structure and space composition are continuously improving. The study is to determine the purpose and trend by comparing before and after space composition of facilities which followed the implementation of Long-term Care Insurance and also to suggest hierarchical space composition suitable for aged care facilities through derived problems and to provide basic materials to plan the most appropriate facility for the aged. Methods : J-graph based on Space Syntax Theory will be schematized through in-site facility survey and before and after facility floor plan. Space composition trend will be analyzed by comparing indexes through S3 program. Results : As a result of 5 cases analysis, the following results were found; the average of whole space depth is increasing due to the Extension, the number of volunteers is decreasing and rooms for geriatric care helpers are being created due to the geriatric care helper introduction duty. Also, there are solariums being created to improve the health of the aged and dispensaries are being placed on every floor with the increase of documentary work for geriatric care helpers. With the policy implementation, care facility space composition and structure are changing with facility standard and it was analyzed that facilities were mostly put under the control of limited number of people in care room and total ground area per person. It was also found that there is increase in care space integration through before and after comparison of whole integration value. This is considered as the important result not only in facility standard satisfaction, but also in care support of geriatric care helpers and the aged, its main users. Implication : In order for elderly care facilities to have quality improvement and to develop as suitable facilities for characteristics of the aged, independent environmental facility standard preparation of elderly care facilities is needed through mutual cooperation of construction fields with regulation and policy related researches.

• The Korean Journal of Air & Space Law and Policy
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• v.13
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• pp.249-284
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• 2001

• Journal of The Korea Institute of Healthcare Architecture
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• v.13 no.4
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• pp.25-35
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• 2007

In Germany, community based daycare facilities has been supported by long term care policies since the 1970s. With the legislation of Care Insurance, those policy has been developed further. As the use of daycare facilities decreased and the financial burden for consumers increased, administrators of facilities has been seeking for innovative programs and management methods in order to improve the service. For the same reason, policy makers have been pursuing new regulations of architectural standards of facilities. By looking at legislations (i.e., Law of Care Insurance, Law of Heim, and DIN18025) that stipulate architectural standard of facilities in Germany, this study will identify the development process of architectural change of daycare facilities. In addition, the study aims to contribute to the discussion on the use of day care facilities in Korea in terms of the legislation of Care Insurance soon to be introduced.

• The Journal of the Korean life insurance medical association
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• v.27 no.2
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• pp.107-111
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• 2008

The Cervical spondylotic myelopathy (CSM) is degenerative compressive myelopathy which initiation of symptoms seems to be induced by minor cervical trauma or spontaneous event. There was a case of Claim medical examination which was requested to discriminate the cause of ambulatory quadriparesis. Patient asserted that the onset of his myelopathy was followed by minor trauma. The author considered the medical recordings, MRI scan, Claim reports by claim manager. The space available for cord was the smallest at C3-4 level. But on MRI findings, the spinal cord at C3-4 level seemed to be already damaged. There were no recent injury evidences such as hemorrhages, spinal cord contusions, edema, soft tissue hemorrhages. If the space available for cord was small enough to compress the spinal cord, the serious neurologic deficits, non-ambulatory quadriplegia, etc were commonly induced by cervical extension trauma. Patient's asserts did not correspond to his clinical course after cervical trauma. The author reports a case of medical examination for the relationship between symptom onset of cervical spondylotic myelopathy and minor trauma within author's experience.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.189-217
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• 2011

According to the current law of national health insurance, the Minister of Health and Welfare can impose a suspension of business or license, and a fine with medical institutions who violate the law. In case that medical institutions raise an action for ity with each penalty, they ask for replacing the suspension of business with a fine during the pendency of the action. But there is a long gap of time between an offense and administrative measures. One violation cause several types of administrative measures (suspension of business or fine, suspension of license etc.) and different government departments impose these penalties. It takes a lot of time to organize their opinions and they are liable to impose penalties after considerable space of time because of overwhelming tasks. Then the medical institutions can sustain a loss by getting unexpected administrative measures after their offense against the law. Thus, this article review whether extinctive prescription apply to the right of imposing fine on the law of national health insurance or not. Meanwhile, we have no regulations imposing a same fine to co-representatives of medical institution who infringe the law of national health insurance. On this point, this study review whether they have equal duty on that or not.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.43-77
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• 2010

The development of the aviation industry has exponentially increased the volume of passengers and cargo and gradually expanded the damage scope of all kinds of accidents in the process of transportation. As a result, the need for aviation insurance has accordingly grown bigger and bigger every day. That is why most nations have a law to force mandatory insurance on the aviation industry. However, the Montreal Convention of 1999, which Korea also signed and today has the most extensive effect in the international civil aviation community, offers no clear interpretations about the coverage of aviation insurance along with the Air Transport Business Promotion Act of Korea. The advanced nations of air transport business such as EU, the U. S. A. and Canada prescribe the coverage of aviation insurance and have a law that makes it mandatory for all the passengers and third parties to cover air carrier's liability. EU requires them to include cargo and baggage in scope of coverage, and the U. S. A. and Canada recommend insuring by having a shipper receive a written notice containing information about whether the concerned cargo is insured or not. Making the scope of coverage of aviation insurance clear by law serves several purposes including diversifying risks for air transport companies, providing the victims with enough protection, observing the international accountability required in the air transport industry, and promoting the productive and sustainable growth of the aviation industry. Thus problems with Korea's aviation insurance should be resolved by clearly stating the coverage of aviation insurance that the Korean air carriers and operators need to insure according to the current state of Korea's air transport by consulting the legislations of the advanced nations in air transports. and enacting a law to comprehensively govern Korea's aviation insurance.