• Title/Summary/Keyword: Claims problem

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A Comparative Study on the Institute Time Clauses-Hulls 1995, American Institute Hulls Clauses 1977 and Japanese Hull Standard Clauses, 1990 (영국.미국.일본선박보험약관의 비교연구 -오염손해, 보험사고 발생의 통지의무, 신구교환차익공제 및 중복보험에 관한 규정을 중심으로-)

  • Hong, Sung-Hwa;Kim, Ki-Ung
    • Journal of Navigation and Port Research
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    • v.26 no.1
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    • pp.66-77
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    • 2002
  • Generally hull insurance is undertaken by mean of a contract of hull insurance. A contract of hul1 insurance here is a contract whereby the insurer undertakes to indemnify the assured against the loss and damage to the vessel mused by maritime perils. A contract of hull insurance is consists of printed main insurance clauses and a clause includes many sub-clauses. Now the Institute Time Clauses-Hulls (hereunder refer to as "English hull insurance clauses"made by the Institute of London Underwriters is much used as the standard from or basic from by many countries ail over the world Now Korean insurance companies hue not made our their own hull insurance clauses, they have just adopted the made-out English hull insurance clauses and the english law and practice to solve the problem related to marine insurance. On the other hand, the United States of America and Japan have made out their own hull insurance clauses based on English hull insurance clauses and used the clauses for many years. Now American is using American Institute Hull Clauses(hereunder refer to as "American hul1 insurance clauses"as its own clauses which was made out by American Institute of Marine Underwriters in 1977 and Japan is also wing its own clauses named Japanese Hull Standard Clauses(hereunder refer to as "Japanese hull clauses") which was made out by japanese Hull Insurance Association in 1990. Therefore the purpose of this study is not only to make a comparative study on English hull insurance clauses 1995, American hull insurance clauses 1977 and Japanese hull clauses l990, but also to supply on some legal materials necessary for Korea to establish and perform our own hull insurance clauses.

Differences between Diabetic Patients' Tertiary Hospital and Non-tertiary Hospital Utilization According to Comorbidity Score (당뇨병 환자의 동반상병 점수에 따른 상급종합병원 이용 차이)

  • Cho, Su-Jin;Chung, Seol-Hee;Oh, Ju-Yeon
    • Health Policy and Management
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    • v.21 no.4
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    • pp.527-540
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    • 2011
  • Some patients tend to visit tertiary hospitals instead of non-tertiary hospitals for minor illnesses, which is a chronic problem within the Korean health care delivery system. In order to reduce the number of patients with minor severity diseases unnecessarily utilizing the tertiary medical services in Korea, the Ministry of Health and Welfare raised the outpatient co-insurance rate for the tertiary hospitals in July, 2009. Another increase in the prescription drug co-insurance rate by the general and tertiary hospitals is scheduled to take place in the second half of 2011. An increase in copayments may discourage the utilization rate of medical services among the underprivileged or patients who require complicated procedures. This study aims to analyze the diabetic patients' utilization rates of tertiary hospitals according to the Comorbidity score. Diabetic patients' data was gathered from the Health Insurance Claims Records in the Health Insurance Review & Assessment Service between 2007-2009. Comorbidity scores are measured by the Charlson Comorbidity Index and the Elixhauser Index. Chi-square and logistic regressions were performed to compare the utilization rates of both insulin-dependents (n=94,026) and non-insulin-dependents (n=1,424,736) in tertiary hospitals. The higher Comorbidity outcomes in the insulin-dependent diabetic patients who didn't visit tertiary hospitals compared to those who did, was expected. However, after adjusting the gender, age, location, first visits and complications, the groups that scored >=1 on the comorbidity scale utilized the tertiary hospitals more than the O score group. Non-insulin-diabetic patients with higher Comorbidity scores visited tertiary hospitals more than patients who received lower grades. This study found that patients suffering from severe diabetes tend to frequently visit the tertiary hospitals in Korea. This result implied that it is important for Korea to improve the quality of its primary health care as well as to consider a co-insurance rate increase.

Regulation of Attorney Ethics in International Arbitration (국제중재에서 변호사의 비윤리적 행위 규제에 대한 연구)

  • Hong, Seok-Mo
    • Journal of Arbitration Studies
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    • v.25 no.2
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    • pp.3-17
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    • 2015
  • For many years commentators have requested more active regulation of attorney ethics in international arbitration. Gradual deterioration of ethical standards in international arbitration will bring disrepute and, once its reputation is lost, it could take decades to rebuild confidence. The first reason for increasing unethical behavior is that there is no ethical code generally applied to all lawyers participating in international arbitration. A second reason might be that nobody is actively regulating attorneys in international arbitration. The first step to solve this problem is that major arbitration institutions should cooperate to enact a uniform code of conduct to be generally applied to all attorneys representing parties in international arbitration. Recently, IBA and LCIA prepared guidelines on party representation in international arbitration, and the guidelines will help attorneys follow uniform standardsof ethics. However, this will not be sufficient. There should be a regulating body to monitor attorney ethics and take sanctions against unethical attorneys accordingly. Arbitrators, who can see unethical behavior by attorneys from the closest distance, are the most appropriate regulating force rather than courts of arbitration seat or an attorney's licensing country. Of course, arbitrators don't have powers to withdraw or suspend an attorney's license, but they have powers to control attorneys'behavior within arbitration proceedings such as an allocation of fees and costs, barring the assertion of claims or defenses, drawing adverse inferences, or precluding the submission of evidence or testimony. Furthermore, arbitrators should be provided with such obligation as active control of attorney ethics. Even arbitration institutions should participate by imposing on an attorney who is a repeat offender a suspension from appearing in future arbitrations. Unethical behavior will decrease through concerted actions among arbitrational institutions to introduce a uniform code of conduct and to empower arbitrators for more efficient regulation of attorney ethics.

A Diagnostic Study of Research Trends of School Library and Teaching Librarian (학교도서관·사서교사 주제 학술논문의 연구 성향 분석)

  • Yoo, Sarah
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.28 no.4
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    • pp.181-201
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    • 2017
  • Even though the increasing number of researches of school libraries have grown for the last 36 years, the diverse and practical problems of school libraries and teaching librarians have not been addressed to the proper solutions. This article presents an overview of the characteristics and tendency of researches using the method of systematical review in order to check the assumptions and research consequences of school libraries and teaching librarians. Results show that survey study reviewing or comparing certain cases is the most common types of research methods, and that the majority of studies that relied only on prior studies or secondary data from other sources to make their claims and rarely specify the five criteria validating study process and methodological reliability. Some research questions for future study including necessity of change in problem-solving perspective are provided.

A Shortest Path Routing Algorithm using a Modified Hopfield Neural Network (수정된 홉필드 신경망을 이용한 최단 경로 라우팅 알고리즘)

  • Ahn, Chang-Wook;Ramakrishna, R.S.;Choi, In-Chan;Kang, Chung-Gu
    • Journal of KIISE:Information Networking
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    • v.29 no.4
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    • pp.386-396
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    • 2002
  • This paper presents a neural network-based near-optimal routing algorithm. It employs a modified Hopfield Neural Network (MHNN) as a means to solve the shortest path problem. It uses every piece of information that is available at the peripheral neurons in addition to the highly correlated information that is available at the local neuron. Consequently, every neuron converges speedily and optimally to a stable state. The convergence is faster than what is usually found in algorithms that employ conventional Hopfield neural networks. Computer simulations support the indicated claims. The results are relatively independent of network topology for almost all source-destination pairs, which nay be useful for implementing the routing algorithms appropriate to multi -hop packet radio networks with time-varying network topology.

The Challenges of AI Ethics and Human Identity Reproduced by Global Content: Focusing on Narrative Analysis of Netflix Documentary (글로벌 콘텐츠가 재현하는 AI 윤리와 인간 정체성의 과제: 넷플릭스 다큐 <소셜딜레마>의 서사 분석을 중심으로)

  • Choi, Jong-Hwan;Lee, Hyun-Ju
    • The Journal of the Korea Contents Association
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    • v.22 no.7
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    • pp.548-562
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    • 2022
  • This study was conducted to diagnose the issues of AI ethics in global content and to discuss what kind of discourse is needed to strengthen human identity. To this end, the study selected Netflix original content "The Social Dilemma" for analysis and adopted narrative analysis as the research method. The analysis results confirmed that "Social Dilemma" showed the structure of a traditional current affairs documentary and mainly used experts and statistical data to develop the story. It also reinforced core content claims by enumerating domestic and foreign cases such as the 2021 Myanmar massacre and the spread of fake news. In addition, the relationship between the characters clearly revealed the binary opposition between developers and media companies as well as users and advertisers. For the solution to the problem, strong regulations on businesses and the suspension of social media use were reached. However, "The Social Dilemma" merely pointed out the misuse of AI technology and had a narrative that ignored human identity and social relationships. Such results raise the need for creating contents that emphasize the importance of human sociality, relationships, and learning ability in the age of AI.

A Comparative Study on the Application of the Force Majeure Clause in International Commercial Contracts between Korea and English in the Era of COVID-19

  • Byung-Chan Lee;Nak-Hyun Han
    • Journal of Korea Trade
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    • v.26 no.7
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    • pp.167-184
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    • 2022
  • Purpose - This paper analyzes all possible issues that need to be considered in case disputes occur with regard to force majeure in international commercial contracts through the comparative study between English and Korean during COVID-19. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The juridical approach involves studying and examining theories, concepts, legal doctrines, and legislation that are related to the problem. Findings - English law does not permit general economic impracticability to qualify as a valid force majeure event. If a party asserts that they were prevented from performing the contract, the courts will examine this strictly. Many commercial contracts in a broad range of sectors and industries are chosen by parties to be governed by English law. With COVID-19, there have been discussion of parties being released from performance as a result of force majeure. Meanwhile, under Korean law, a force majeure event should be unforeseeable and beyond a party's control. Since COVID-19 is a known event for future contracts, to avoid the risk that a similar situation in the future is deemed foreseeable and under a party's control, parties must ensure that such a risk is properly addressed in a contract. Therefore, it is necessary to have a new clause to cover a pandemic. Originality/value - In light of the ongoing unexpected and uncertain economic impacts COVID-19 is expected to bring to the world, it is anticipated that companies will experience an increased number of claims involving force majeure around the world, including English and Korea. As such, taking proactive steps to assess the applicable legal principles, including the concept of force majeure of contract, will help companies be prepared for the financial or legal implications of COVID-19. In this regard, it would be advisable for companies and businesses to take specific actions.

An analysis on developing process and problem of vocational education in China curriculum - based on vocational school- (중국 직업교육의 현황과 문제 - 직업 고등학교를 중심으로-)

  • Li, Zhangpei;Lee, Kwangwoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.6
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    • pp.475-483
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    • 2018
  • The purpose of this study to understand the vocational education of China and to analyze the developing process of vocational education in China. Recently, the major countries of the world of modern society has its government leaders is how much to foster creativity and the rise and fall depending on whether they really value is determined claims. There are 1327 Tertiary Vocational Colleges, with 10 million students in 2015. Together with 14million secondary vocational education students, China owns the largest scale of vocational education in the world. China has not fully established a modern market. Under the economy, the enterprise was the administrative adjunct of the state, and the enterprise was the social and political production function, and the political ethics prevailed that ethics. Literature review and historial approach were utilized as the methodology for this study. The system of vocational education in China is composed of elementary, secondary, and higher stage. The vocational education in China has been developed flexibly along with the social change while keeping the main philosophy of Chinese socialism. The main factors to bring about the change of vocational education in China is, political and philosophical, economical change.

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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Development of the Model for Total Quality Management and Cost of Quality using Activity Based Costing in the Hospital (병원의 활동기준원가를 이용한 총체적 질관리 모형 및 질비용 산출 모형 개발)

  • 조우현;전기홍;이해종;박은철;김병조;김보경;이상규
    • Health Policy and Management
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    • v.11 no.2
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    • pp.141-168
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    • 2001
  • Healthcare service organizations can apply the cost of quality(COQ) model as a method to evaluate a service quality improvement project such as Total Quality Management (TQM). COQ model has been used to quantify and evaluate the efficiency and effectiveness of TQM project through estimation between cost and benefit in intervention for a quality Improvement to provide satisfied services for a customer, and to identify a non value added process. For estimating cost of quality, We used activities and activity costs based on Activity Based Costing(ABC) system. These procedures let the researchers know whether the process is value-added by each activity, and identify a process to require improvement in TQM project. Through the series of procedures, health care organizations are service organizations can identify a problem in their quality improvement programs, solve the problem, and improve their quality of care for their costumers with optimized cost. The study subject was a quality improvement program of the department of radiology department in a hospital with n bed sizes in Metropolitan Statistical Area (MSA). The principal source of data for developing the COQ model was total cases of retaking shots for diagnoses during five months period from December of the 1998 to April of the 1999 in the department. First of the procedures, for estimating activity based cost of the department of diagnostic radiology, the researchers analyzed total department health insurance claims to identify activities and activity costs using one year period health insurance claims from September of the 1998 to August of the 1999. COQ model in this study applied Simpson & Multher's COQ(SM's COQ) model, and SM's COQ model divided cost of quality into failure cost with external and internal failure cost, and evaluation/prevention cost. The researchers identified contents for cost of quality, defined activities and activity costs for each content with the SM's COQ model, and finally made the formula for estimating activity costs relating to implementing service quality improvement program. The results from the formula for estimating cost of quality were following: 1. The reasons for retaking shots were largely classified into technique, appliances, patients, quality management, non-appliances, doctors, and unclassified. These classifications by reasons were allocated into each office doing re-taking shots. Therefore, total retaking shots categorized by reasons and offices, the researchers identified internal and external failure costs based on these categories. 2. The researchers have developed cost of quality (COQ) model, identified activities by content for cost of quality, assessed activity driving factors and activity contribution rate, and calculated total cost by each content for cost for quality, except for activity cost. 3. According to estimation of cost of quality for retaking shots in department of diagnostic radiology, the failure cost was ₩35,880, evaluation/preventive cost was ₩72,521, two times as much as failure cost. The proportion between internal failure cost and external failure cost in failure cost is similar. The study cannot identify trends on input cost and quality improving in cost of qualify over the time, because the study employs cross-sectional design. Even with this limitation, results of this study are much meaningful. This study shows possibility to evaluate value on the process of TQM subjects using activities and activity costs by ABC system, and this study can objectively evaluate quality improvement program through quantitative comparing input costs with marginal benefits in quality improvement.

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