• Proceedings of the Korea Institute of Fire Science and Engineering Conference
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• 2013.11a
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• pp.187-188
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• 2013

실화책임법에 의하면, 화재 발생 시 실화자는 중대한 과실이 아닌 경우 경제적요건, 화재원인 등에 따라 손해배상액의 경감을 청구할 수 있다. 손해배상액의 경감의 여부는 실화피해자의 화재복구에 영향을 끼치게 된다. 화재발생 시 실화자가 손해배상경감청구에 책임을 입증하여야한다. 그리고 실화피해자의 원활한 화재복구를 위해 실화자의 화재보험가입의 의무와 계약자의 안전한 보호 및 보험사의 책임 일부를 분산하는 제도인 재보험의 선택적 가입을 규정하고자 한다.

• Korean Chemical Engineering Research
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• v.58 no.3
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• pp.438-449
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• 2020

This study is to improve the method of calculating the risk of liability that arise from release and dispersion of chemicals outside the plant in process industries such as chemical and petrochemical plants. To achieve this goal, the correlation factors with the risk of chemical release accident is derived by simulating release and dispersion of substances (14 types) designated by Ministry of Environment as preparation for accident, analyzing the cases of chemical release and effects of plant life damage. The method of calculating chemical liability risk was modified and supplemented based on the results obtained from the study. The correlation coefficient between the probit value of 14 chemical types and the liability risk by EURAM (European Union Risk Ranking Method) was -0.526, while the correlation coefficient with the modified chemical release accident risk was 0.319. Thus, the value from modified method shows that they appear to be correlated. According to modified calculating methodology, the correlation between ERPG-2 value and liability risk of 97 chemical types was -0.494 which is 19 times higher than existing liability risk correlation as absolute value. And the correlation coefficient of corrosion risk was 0.91. The standardized regression coefficients (β) value of correlation factors that affected the increase and decrease of risk were derived in order of Corrosion Index(0.713), ERPG-2 (0.400) and NFPA Health Index (0.0680) by values. It is expected that these findings this study result will also enable the calculation of reasonable chemical release liability risk for existing and new chemical, and will help use them as quantitative liability risk management indicators for chemical plant site.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.177-213
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• 2011

The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. 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, and 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, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement 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 the 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, and the establishment of the Space Damage Compensation Review Commission. 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 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.

• Journal of Digital Convergence
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• v.15 no.1
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• pp.77-84
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• 2017

This study investigates the association between financial reporting strategy and the directors' and officers' liability insurance. Since D&O insurance protects officers and directors against the risks of shareholder litigation, it is possible that, because of moral hazard, managers will be more willing to participate in opportunistic financial reporting such as earnings manipulation when they are covered by a generous D&O insurance policy. This paper examines the association between D&O insurance and financial reporting, specifically whether the purchase of D&O insurance affects earnings manipulation. On the other side, the firms engage earnings management are willing to purchase D&O insurance, this study tests whether earnings manipulation affects D&O purchases using listed firms in Korean stock market from 2006 to 2008. This paper finds that firms with higher discretionary accruals are less likely to purchase D&O insurance implies that managers who are participating in earnings manipulation are not willing to purchase D&O insurance. The relation between discretionary accruals and D&O is significantly negative which indicate D&O insurance purchase does not trigger earnings manipulation rather it alleviates opportunistic reporting behavior.

• Product Safety
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• no.1 s.145
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• pp.46-49
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• 2006

• 방재와보험
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• s.115
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• pp.14-19
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• 2006

PL보험(제조물배상보험-보험업계에서는 생산물배상책임보험이라고 부른다.)은 제조물의 결함으로 인한 피해를 담보하는 보험이다. 이는 전통적인 배상책임보험의 한 종류로 다른 보험에는 없는 독특한 특징을 몇 가지 갖고 있다. 이러한 특징들은 당초 제조물책임법의 제정 취지인 '소비자 보호'라는 측면과도 상당한 연관성이 있다고 하겠다.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.3
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• pp.180-185
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• 2018

The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.3-54
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• 2014

The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.367-418
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• 2018

Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

• Journal of Digital Convergence
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• v.14 no.6
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• pp.51-60
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• 2016

The modern state has always followed a variety of risks in the industrialization and informatization trends in the development of science and technology. Under such an environment, A matter of State compensation should take into consideration a variety of values such as harmony relief victims' rights in accordance with the principles of the rule of law, suppression of illegal acts of public servants, ensuring stable performance of official duties, the national treasury stability. As the state takes responsibility for an act of a public servant in a modern constitutional state, there may be a doubt on that the state takes responsibility only when there is a deliberation or a mistake. According to the theory of the self-responsibility, which suits the Constitution, the principle of liability with mistake on the State Compensation Law shall be excluded. I agree to the opinion that a subjective responsibility prerequisite such as a deliberation or a mistake is not required in relation to the liability of reparation on the State Compensation Law. Therefore, it is needed to convert the principle of state liability of reparation from the principle of liability with mistake to the principle of liability without mistake through a fundamental revision of the State Compensation Law.