• Title/Summary/Keyword: the Product Liability

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The Liability for Damage and Dispute Settlement Mechanism under the Space Law (우주법상 손해배상책임과 분쟁해결제도)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.173-198
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    • 2010
  • The purpose of this paper is to research on the liability for the space damage and the settlement of the dispute with reference to the space activity under the international space treaty and national space law of Korea. The United Nations has adopted five treaties relating to the space activity as follows: The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties have come into force. Korea has ratified above four treaties except the Moon Treaty. Korea has enacted three national legislations relating to space development as follows: Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, the national tort liability for damage by space launching object, the national measures for dispute prevention and international consultation in the exploration and use of outer space, the joint resolution of practical questions by international inter-governmental organizations in the exploration and use of outer space. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, the exercise period of the claim right of compensation for damage. The Liability Convention of 1972 should be improved as follows: the problem in respect of the claimer of compensation for damage, the problem in respect of the efficiency of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, the establishment of the Space Damage Compensation Review Commission. The 1998 Final Draft Convention on the Settlement of Disputes Related to Space Activities of 1998 by ILA regulates the binding procedure and non-binding settlement procedure for the disputes in respect of space activity. The non-binding procedure regulates the negotiation or the peaceful means and compromise for dispute settlement. The binding procedure regulates the choice of a means among the following means: International Space Law Court if it will be established, International Court of Justice, and Arbitration Court. The above final Draft Convention by ILA will be a model for the innovative development in respect of the peaceful settlement of disputes with reference to space activity and will be useful for establishing the frame of practicable dispute settlement. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and dispute settlement, and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

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Extracting Priorities of Strategic Components of Product Liability Response System using AHP (AHP기법을 활용한 제조물책임 대응시스템 구축요인의 전략적 우선순위 도출에 관한 연구)

  • JunHyeok, Seo;BokSoo, Ko;Bae, SungMin
    • Journal of Korean Society for Quality Management
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    • v.42 no.2
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    • pp.235-251
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    • 2014
  • Purpose: To develop efficient PL response system, SMEs should decide which component of PL response system is important and implemented with priority under limited resources. To accomplish this goal, we propose strategic priority components of PL response system for SME manufacturer. Methods: We categorize the components of PL response system based on prior research results - System, Organization, Training, Technology, Cost, and Awareness. AHP (Analytic Hierarchy Process) is applied to extract important components of PL response system, which is used in assigning the priority of component. To analyze effects of each components, performance sensitivity analysis is applied. Results: The survey analysis results show Technology is the most important components. Organization and Cost component are follows. As the importance of Technology is changed, we can find Organization, Cost is second and third important components. Conclusion: Our research shows Technology which is related to make a safe product with systematic process, is a basic enabler of PL response system. Also, building a PL team and securing a budget for PL activity should be carry out with limited resources.

A New Approach to Product Risk Analysis for Safe Product Design (안전한 제품을 설계하기 위한 새로운 제품위험분석 방법)

  • An, Chan-Sik;Jo, Am
    • Journal of the Ergonomics Society of Korea
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    • v.23 no.3
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    • pp.53-72
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    • 2004
  • Today we are observing a lot of injuries, casualties, and property losses that are mainly caused by the defects of products. In order to derive safety designs, which minimize the possibility of such product liability-related accidents, we need to take into account the user-product interaction as an important part of the danger factor analysis. Existing risk analysis techniques, however, have some limitations in detecting comprehensive danger factors that are peculiarly involved in human errors and the functional defects of products. Researches on danger factor analysis regarding the user-product interaction have been carried out actively in ergonomics. In this paper, we suggest a novel product risk analysis technique, which is more objective and systematic compared to the previous ones, by combining a modified TAFEI (Task Analysis For Error Identification) technique with SASA (Systematic Approach to Accident Scenario Analysis) technique. By applying this technique to the product design practice in industry, corporations will be able to improve the product safety, consequently strengthening the competitiveness.

A Study on a Product Safety Management Program Based on Risk Management Standards (리스크 관리규격에 기초한 제품안전 경영 프로그램에 대한 연구)

  • Lee, Dhong-Ha;Na, Yoon-Gyun;Kim, Myung-Soo
    • IE interfaces
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    • v.16 no.1
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    • pp.94-102
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    • 2003
  • This study proposed a method to apply risk management standards to a product safety management program and reviewed cases where a risk management cycle is applied to the product safety management program. Comparing the four product safety management programs suggested by several authors yielded common features of the risk management cycle: (1) organization for product safety, (2) risk identification, (3) risk evaluation, (4) risk treatment, (5) monitoring/communication, and (6) documentation. A Japan company(Ricoh)'s case showed that the risk management cycle to treat product liability risks can be used as a successful product safety management program.

제조물책임(법)의 시행과 컨설팅업체의 역할

  • 고병인;임현교
    • Proceedings of the Korean Institute of Industrial Safety Conference
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    • 2002.05a
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    • pp.499-502
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    • 2002
  • 오랜 기간의 검토 끝에 오는 7월 1일 제조물책임(Product Liability, 이하 PL)법의 시행을 앞두고 있다. PL법은 그 목적에서 밝히고 있듯이 제조물의 결함으로 인하여 발생한 손해에 대해 제조업자 등의 손해배상책임을 규정함으로써 피해자의 보호를 도모하고 국민생활의 안전향상을 도모하기 위한 것이다.(중략)

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A Study on Legal Problems over Unmanned Vehicle of the Fourth Industrial Revolution - Focusing on the Autonomous Driving Vehicle and Drone - (제4차 산업혁명 시대의 무인 이동체를 둘러싼 법적 문제점 연구 - 자율주행자동차와 드론을 중심으로 -)

  • Kye, Kyoung-Moon
    • The Journal of Korean Institute of Electromagnetic Engineering and Science
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    • v.28 no.7
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    • pp.519-527
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    • 2017
  • The trust issue on the safety of autonomous vehicle is a very important in regard to the demand generation of relevant industries. To secure the trust, The study of legal liability issue should be prior to an accident of the autonomous vehicle. In civil law, it is possible to make the automobile manufacturer take legal responsibility with the "Product Liability Act". Whereas, in criminal law, it is difficult to make him take legal responsibility since the criminal law holds the actor responsible. To solve these problems, this article proposes the establishment of the "Special Act on Autonomous Vehicle". Also, there is a demand for building infra structures and system to operate the (fully) self-propelled vehicle and establishing "certification" systems.

A need of safety evaluation for product planning step (제품기획단계의 안전성 평가 필요성에 관한 연구)

  • Park, Ji-Yong;Cho, Am
    • Journal of the Korea Safety Management & Science
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    • v.10 no.1
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    • pp.23-31
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    • 2008
  • Recently, there is a rise of accident by some defective products, especially it reported that a serious fact is a defect of design causing some problem since execute a product liability(PL), people who use products have been able to bo remunerated for a damage to those defects, so responsibilities of companies are rising more and more. Therefore, companies that are obligated to manufacture a safety product, and should make preparation for PL. For solving the problem, even though manufacturers tried to make a safety product ay mixed ways, it is seldom that its safety is considered from planning a design. This thesis has suggested a way aimed at improving a safety of products through considering a stage of a plan, by searching and analyzing the design-process in to each steps.

State-Owned Enterprises and Debt Sustainability Analysis: The Case of the People's Republic of China

  • Ferrarini, Benno;Hinojales, Marthe
    • The Journal of Asian Finance, Economics and Business
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    • v.6 no.1
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    • pp.91-105
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    • 2019
  • The paper aims to combine balance sheet analysis at the firm level with the International Monetary Fund's public debt sustainability assessment framework to assess state-owned enterprises' (SOE) leverage as a contingent liability to the public sector. Based on company data and the interest coverage ratio as a measure of debt at risk, aggregate baseline scenarios are projected to gauge the magnitude of SOE debt as a contingency. SOE's financial and debt ratios are first bootstrapped to generate firm-level distributions and then averaged into a fan chart of the economy-wide SOE contingent liability. Applied to the People's Republic of China as an example, the study finds that by the end of 2015 SOE leverage had grown to a substantial liability. However arbitrary the assumptions underlying these projections, it would appear that even if authorities had to mop up as much as 20% of SOE debt at risk gone bad, this would have been manageable at roughly 2.7% of the gross domestic product in 2016 or 5.5% by 2021. This projection framework is fully amenable to alternative assumptions and settings, which makes it a useful analytical tool to monitor contingent liabilities from non-financial corporate debt that have been building in emerging and advanced economies alike.