• Title/Summary/Keyword: 구상권

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Compensation for Personal Injury and the Insurer's Claim for Indemnity - Focused on the NHIC's Claim for Indemnity - (인신사고로 인한 손해배상과 보험자의 구상권 - 국민건강보험공단의 구상권을 중심으로 -)

  • Noh, Tae Heon
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.87-130
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    • 2015

  • In a case in which National Health Insurance Corporation (NHIC) pays medical care expenses to a victim of a traffic accident resulting in injury or death and asks the assailant for compensation of its share in the medical care expenses, as the precedent treats the subrogation of a claim set by National Health Insurance Act the same as that set by Industrial Accident Compensation Insurance Act, it draws the range of its compensation from the range of deduction, according to the principle of deduction after offsetting and acknowledges the compensation of all medical care expenses borne by the NHIC, within the amount of compensation claimed by the victim. However, both the National Health Insurance Act and the Industrial Accident Compensation Insurance Act are laws that regulate social insurance, but medical care expenses in the National Health Insurance Act have a character of 'an underinsurance that fixes the ratio of indemnification,' while insurance benefit on the Industrial Accident Compensation Insurance Act has a character of full insurance, or focuses on helping the insured that suffered an industrial accident lead a life, approximate to that in the past, regardless of the amount of damages according to its character of social insurance. Therefore, there is no reason to treat the subrogation of a claim on the National Health Insurance Act the same as that on the Industrial Accident Compensation Insurance Act. Since the insured loses the right of claim acquired by the insurer by subrogation in return for receiving a receipt, there is no benefit from receiving insurance in the range. Thus, in a suit in which the insured seeks compensation for damages from the assailant, there is no room for the application of the legal principle of offset of profits and losses, and the range of subrogation of a claim or the amount of deduction from compensation should be decided by the contract between the persons directly involved or a related law. Therefore, it is not reasonable that the precedent draws the range of the NHIC's compensation from the principle of deduction after offsetting. To interpret Clause 1, Article 58 of the National Health Insurance Act that sets the range of the NHIC's compensation uniformly and systematically in combination with Clause 2 of the same article that sets the range of exemption, if the compensation is made first, it is reasonable to fix the range of the NHIC's compensation by multiplying the medical care expenses paid by the ratio of the assailant's liability. This is contrasted with the range of the Korea Labor Welfare Corporation's compensation which covers the total amount of the claim of the insured within the insurance benefit paid in the interpretation of Clauses 1 and 2, Article 87 of the Industrial Accident Compensation Insurance Act. In the meantime, there are doubts about why the profit should be deducted from the amount of compensation claimed, though it is enough for the principle of deduction after offsetting that the precedent took as the premise in judging the range of the NHIC's compensation to deduct the profit made by the victim from the amount of damages, so as to achieve the goal of not attributing profit more than the amount of damage to a victim; whether it is reasonable to attribute all the profit made by the victim to the assailant, while the damages suffered by the victim are distributed fairly; and whether there is concrete validity in actual cases. Therefore, the legal principle of the precedent concerning the range of the NHIC's compensation and the legal principle of the precedent following the principle of deduction after offsetting should be reconsidered.

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A Study on the Ethical Basis of Global Citizenship Idea as a Theory on Global Justice - Focusing on Rawls' Liberal Internationalism and Cosmopolitan Republicanism (지구적 정의론으로서 지구시민권구상의 윤리학적 기초에 대한 연구 - Rawls의 자유주의적 국제주의와 코즈모폴리턴 공화주의를 중심으로-)

  • Sim, Sangyong
    • Korean Journal of Social Welfare
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    • v.65 no.4
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    • pp.295-315
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    • 2013

  • The purpose of this study is to analyse the ethical basis of two influential global citizenship idea - Rawls' liberal approach and cosmopolitan republicanism - as a theory on global justice. In the aspect of deontology, Rawls' view has the limit not to reflect reciprocal obligation and duty on civil right in the era of economic globalization that inequality has been structured. But cosmopolitan republicanism has the basis of deontological justification because advocates the realization of anti-domination principle at global level. In the aspect of utilitarianism, Rawls attempts to justify the logic rejecting redistribution intra nations. But cosmopolitan republicanism has the potential to decrease maleficence at global level and to increase utility level through overcoming the structured sacrifice of the citizens of developing countries.

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Morphological Effect of Hematite on the Synthesis of Fayalite in Reducing Atmosphere (환원성 분위기에서의 규산철의 합성에 미치는 산화 제2철의 형태학적 효과에 관한 연구)

  • 임응극;권명수
    • Journal of the Korean Ceramic Society
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    • v.12 no.4
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    • pp.37-42
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    • 1975

  • 철(II)이온을 안정화 하기위하여, 2산화 규소와, 구상, 입방체상 및 침상의 서로 다른형태의 산화 제2철로부터 규산철을 합성하였다. 메타놀증기로 포화시킨 질소까스를 튜브로에 도입시켜 얻은 환원성 분위기속에서, 114$0^{\circ}C$에서 11$65^{\circ}C$의 온도범위에서, 가스유속을 0.13 및 0.25l/min. 로서, 환원시간 4-150분동안 교상반응을 진행하였다. 반응생성의 동태를 오르자트 가스분석으로 검토하였으며, 생성물의 확인은 X-선 회절시험 및 감량정량에 의하였으며, 결과는 다음과 같다. 1 : 1.1의 몰비로 혼합한 산화제2철과 2산화 규소의 경우, 가스유속이 0.13l/min일 때, 규산철 합성반응시간은 구상, 입방체상 및 침상산화철에 있어서 각기 8-27분, 10-16분 및 6-7분으로 구상의 경우가 범위가 가장 넓었다. 또한, 반응속도는 산화제2철의 표면적의 평방근에 비례하였고 반응시간의 평방근에 역비례하였다.

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