• Proceedings of KOSOMES biannual meeting
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• 2017.04a
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• pp.243-243
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• 2017

• 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.

• Journal of the Korean hospital association
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• v.13 no.8.9 s.117
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• pp.16-21
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• 1984

• 한국사회정책
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• v.24 no.2
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• pp.31-60
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• 2017

This paper aims to reveal the background and issues of the current reform proposals for social insurance in Germany and to draw their implications for Korea. The essence of the German social insurance crisis is that of normality of industrial society on which it has been based, revealing itself by the dual crisis of finance and dualization. Reform proposals are regarded as diverse responses to the crisis of the normality within individual social insurance schemes. They are searching for transforming health insurance into citizen's insurance, pension insurance into various alternatives including all worker's insurance and citizen's pension, unemployment insurance into employment insurance. One of the commonalities of the them is that they attempt to reconstruct the old normality. However, due to the economic recovery, the historical experiences of improving social insurance, and high satisfaction, they are expected to struggle with the gradual improvements rather than radical shift from their tradition. In Korea, where the maturity of social insurance is low, it is necessary to mark the crisis faced by German social insurance as a teacher. We need to go back to the fundamental spirit of social policy and redraw the blue prints of social policy by opening minds to plentiful alternatives in the eyes of normality reconstruction.

• The Korean Chronic Disease News
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• no.314
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• pp.1-26
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• 2007

강원도 횡성군 보건소 염경숙 소장/대대적 국가암관리사업 추진/노인장기요양보험 3차 시범 내달 시행/만성질환 예방의식 고취 총력/65세 이상 노인 30%가 당뇨 환자/성인 3명 중 1명 중증 안구건조증 환자/“감 잘못 먹으면‘위석’생긴다”/방문보건.재가복지통합사업 성과 커/자율방역봉사단 구성 맞춤형 모기방제 실시/보건의료투자 전략, 어떻게 추진되나/고령친화 모델지역 기본 구상/생명표 작성, 국민건강실태 분석/

• Korean Journal of Social Welfare
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• v.36
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• pp.129-146
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• 1998

The substance of this study can be summarized as follows. In introduction, this paper traces the factors of the advent of social care insurance in Germany and Japan and Premises that it is necessary to study social care insurance. In Chapter II, this paper examines the new idea of the recent social security system in japan, centering on the limit of social security policy today, the increase in the number of the poor and the needy and securing financial resources for elder welfare. In Chapter III, this paper studies the process of materialization for the introduction of social care insurance by considering the process of making "Outline of the Bill of Social Care Insurance System" and the general frame of the system in this "Outline". In Chapter IV, this paper explains the facilities in charge and the system of them, the contents and methods of social care insurance, all the arrangements needed in the process of practice, and the like, in connection with all the arrangements for and practical problem of social care insurance which will take effect in earnest in April, 2000 in Japan.

• Korean Business Review
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• v.11
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• pp.415-437
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• 1998

On choosing insurance terms it would be a reasonable choice to choose insurance terms in proportion to how much risk is to be with considering of how much risk is exactly to be in a cargo's owner of his or hers as there are conditions such as a character of cargo, a packing condition, a loading ship, a shipping section, and a premium. But when we see on the present state of the statistical insurance table, the effects are entirely different from it stated above and these serious problems are of both the problem to prove who is on duty and the problem to cover how much the indemnity are to be. When we see a shipper as the insured, in the last 3 years that all risks has been more than 95 percent is to prove the reason mentioned above and there would be an intention for the shipper to transfer a claim for the indemnity to the insurer to evade from the complexity. Also when we see how much both I.C.C and New I.C.C is used, New I.C.C has been used less two times than I.C.C, that is due to the restriction of the scale of covering the indemnity. So both the introduction of trade clause as to insured in the same line of business and the positive application, taking into account of the principle of proving who is on duty and the scale of covering the indemnity, are to be accomplished.

• The Journal of shipping and logistics
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• v.34 no.4
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• pp.583-613
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• 2018

This study analyse the safe port warranty undertaking for shipowner of time charterer with the Ocean Victory Case. Litigation ensued between those in the charterparty chain. When the hull insurer, Gard, took an assignment of the rights of the vessel's owners and demise charterers in a claim against the time charterers that the vessel had been ordered by them to an unsafe port in breach of the charter. Although the claim succeeded, the Court of Appeal overturned the decision. The Supreme Court delivered its judgment on May 10, 2017, dealing with three important issues, safe port, joint insurance, and limitation of liability. Especially on the safe port issue, the court held that the port was not unsafe within the meaning of the safe port undertaking so the charterers were not in breach of it. The conditions in the port amounted to an abnormal occurrence as that expression is understood.

• Journal of Teachers' Pension
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• v.2
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• pp.131-178
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• 2017

본 연구의 목적은 재정목표와 재정지표에 따라 해외 직역연금을 유형화하고 한국 사학연금의 재정목표와 재정지표 설정을 위한 기초자료를 제시하는 것이다. 주요 분석결과는 국민연금으로부터의 제도적 독립 내지 통합 차원에 따라 직역연금의 재정목표와 재정지표를 유형화할 수 있다는 것이다. 직역연금 독립형(미국 캘리포니아 교직원연금, 대만 사학연금, 캐나다 군인연금)의 경우, 국민연금과 별도의 재정평가 기준이 활용되는 경향이 목도된다. 국민연금-직역연금 통합형(일본 사학연금, 오스트리아 공무원연금)의 경우 전체 국민연금의 재정평가기준 내에서 직역연금의 재정평가가 이루어진다. 해외 직역연금 사례 검토 결과에 기초하여 본 연구에서는 다음의 두 가지를 정책적으로 제언한다. 첫째, 노후소득보장 체계의 전체적(holistic) 맥락에서 한국 사학연금의 명확한 미래 전략을 구상할 것을 제언한다. 둘째, 이러한 미래 전략에 기초하여 한국 사학연금의 재정목표 및 재정지표를 설정하는 것을 정책적으로 제언한다. 사학연금의 재정목표와 재정지표 설정 시 사회보험의 특수성 반영, 재정목표와 재정지표 간 명확한 연계, 재정목표 미달성 보완책으로서 자동조정장치, 재정목표 수정, 구조적 개혁을 고려할 수 있다.

• Journal of Intelligence and Information Systems
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• v.10 no.2
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• pp.39-51
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• 2004

Product factory is a real-time financial product design system for the Internet customers. The hybrid product is a product taking combined characteristics of two different products. Hybrid product factory is a product factory that designs hybrid products from two different products based on both business rules and customer requirements. Though the importance of product factory is emphasized in the industry, there has not been much research peformed regarding product factory. In this research, we developed a product factory system that designs hybrid products. To design a hybrid product, it is necessary to have a method to combine attributes and values of two different products, and a method to control the combining operations to properly reflect business requirements. In this research, we developed low different combining operators and business rule representations. rn addition, to prove the effectiveness of this methods, we implemented a prototypical system and demonstrated on cases regarding financial loan products.