• Title/Summary/Keyword: 선박제조물책임

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A Study on the Liability of the Builder in the Shipbuilding Contract and Products Liability (선박건조자의 책임과 제조물책임에 관한 연구)

  • Jeong, Seon-Cheol
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • v.2
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    • pp.21-26
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    • 2006
  • A contract for shipbuilding is usually a complicated process and involves a statement of rights, and obligations and responsibilities to which each party agrees vis-a vis the other. Most countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other hand, for pure economic loss to remote owners of chattels. Where there is a breach of either contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. First of all, this thesis deals with the contents of contract under English Law. Secondly, this thesis analyse ' s the liability of shipbuilders in Products Liability under English, United States, German and korean Law comparisons. In conclusion, the author gives some suggestions as countermeasures to Products Liability for the shipbuilders in Korea.

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Product Liability in the Shipbuilding in the "MSC Carla" case (MSC Carla 사례상 선박의 제조물책임)

  • Seo, Jeong Woo;Jo, Jong Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.155-185
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    • 2014
  • Liability for the manufacture or supply of defective products can arise in two principle ways, in tort and in contract. English law has long regarded shipbuilding contract as agreement for the sale and purchase of goods. The consequence of which is that unless the Buyer and Builder agree otherwise, terms will automatically be implied into the contract between them as to the quality and performance of the completed vessel. The same principle applies to sub-contracts allied to the shipbuilding contract. On the other hand, one case decisions established that ".... a contract to build a ship, though a contract of sale of goods, has also some characteristics of a building contract", Recently the liability of a manufacturer in tort for physical damage i.e. personal injury and damage to property other than alleged to be defective is now well settled in most countries. Accordingly the Builder may face third party claims in tort more regularly than they have in the past, if the statutory implied terms have not been expressly excluded in contract. In such circumstances, it is necessary for the Builder to be prepared with counter measures to secure the stability of the vessel from its design development, building process, delivery and operation etc. The purpose of this paper is, from the case of "MSC Carla", to review product liability, jurisdiction and the initial date of extinctive prescription, then to suggest counter measures to the Builder.

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A Study on Safety Evaluation of Chemical Fiber Rope Manufacture (화학섬유로프 제조에 있어서 안전성 평가에 관한 연구)

  • Park, Hei-Jae;Mok, Yun-Soo;Choi, Jae-Wook;Lim, Woo-Sub
    • Korean Chemical Engineering Research
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    • v.48 no.4
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    • pp.457-461
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    • 2010
  • After the industrial revolution, quantity production system has made the life of mankind rich and to fulfill the consumer's desire competitive power of the enterprise constantly make has made effort in quality, price and engineering department not remaining simple manufactures. But in such a change production lacked safety. Consequently, the main study studied in return domestic organization which produces a chemistry fiber rope to be used fact vessel or as a athletic equipment safety countermeasure. One of the assesment method on product liability, Checklist is showed that It can be used not as an evaluation but as a development factor of company. Also, checklist that used a study could expect that assist the company of management structure as well as improvement of product safety.

A Study on the Liability of the Builder in the Shipbuilding Contract and Products Liability. (선박건조계약상 건조자책임과 제조물책임)

  • Jeong, Seon-Cheol
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2005.11a
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    • pp.92-93
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    • 2005
  • A contract for the shipbuilding is usually a complicated and involves statement of rights, obligations and responsibilities which each party agrees vis-a vis the other. The ultimate purpose of the contract is the sale and transfer of the finished ship by the builder to the buyer. Contracts for the construction and sale of ships are categorized as contracts for the sale of goods under English, United States, Germany and some countries law. On the other hand, The shipbuilding contract may be classified, not as a contract of sale but as a contract for work and materials under Korea, Japan and some countries law. Especially, most of countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other for pure economic loss to remote owners of chattels. Where there is either a breach of contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. Contract principles will be applied to the first type of warranty and tort principles will be applied to the second. First of all, this thesis is dealt with the contents of contract under English Law. Secondly, this thesis is analysed into the liability of shipbuilder in Products Liability under English, American and Korean Law comparisons. In conclusion, the author tries to give some suggestions as countermeasures of Products Liability to the shipbuilder in Korea.

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Root Cause Analysis on Failure Mode of Calorifier for Vessel (선박용 calorifier의 고장모드에 대한 근본원인분석)

  • Lee D.B.;Kim J.H.;Kang S.K.;Kang Y.B.;Kim H.S.
    • Journal of Applied Reliability
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    • v.6 no.1
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    • pp.93-103
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    • 2006
  • Basic function of calorifier system is to supply warm water to the vessel. The heater used in the calorifier system plays a very important role in its reliability. The failure mechanism of heater are compared with accelerated life test. The main cause of failed heater is pitting corrosion occurred between the surface of heater and spacer. To prevent the corrosion failure from heater, material of spacer replaces metal(SUS 304) with polymer (Acryl). The life of redesigned heater can guarantee 2.47years of B10 life under the worst condition.

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