• 제목/요약/키워드: Compensation for damage

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Ship collision in Chinese Maritime Law: Legislation and Judicial Practice

  • Qi, Jiancuo
    • 한국항해항만학회지
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    • 제46권2호
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    • pp.99-109
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    • 2022
  • A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.

손해배상액 산정에 관한 최근 10년간 판례의 동향 (상)(上) (The Trend of Precedents about Calculation of Damage Compensation for Last Decade)

  • 박영호
    • 의료법학
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    • 제10권2호
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    • pp.11-36
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    • 2009
  • This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

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양식수산물 자연재해 피해조사의 문제점과 개선방향 연구 (Problems and Improvement Directions for Damage Investigation of Aquaculture Products from Natural Disaster)

  • 강종호;문건호
    • 수산경영론집
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    • 제50권3호
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    • pp.31-42
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    • 2019
  • This study aims to determine problems of the damage investigation system of aquaculture products resulting from natural disaster and to deduce improvement plans for such problems. The main problems revealed from this study were as follows: 1) detailed damage investigation is carried out only by one particular organization, 2) for aquaculture insurance subscribers another detailed damage investigation is conducted to reveal the causes of natural disaster by a joint investigator team formed according to a different legislation with a different purpose, 3) damage investigation is usually suffered from lack of labor, budget and time due to the restriction of natural damage to a certain period of season leading to the absence of quick reaction capability for irresistible natural disasters, and 4) there are no specified procedures and protocols for deciphering causes of a natural demage. The improvement plans to find solutions for such problems are as follows: 1) for the investigation, the object, method and role of the investigation organization should be clarified by improving the present legislation, 2) investigation methods for determining the demage causes should be systematized by making a manual to minimize disputes, and 3) supports for the investigation organization should be institutionalized to guarantee sufficient budget and manpower. Under the present circumstance with continuous natural damages, smooth procedures of damage compensation would lead to the management stability of aquaculture farms.

이동 평균법을 이용한 고층 건물의 부등축소량 보정 기법 (Average Correction for Compensation of Differential Column Shortening in High-rise Buildings)

  • 박성우;최세운;박효선
    • 한국전산구조공학회논문집
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    • 제23권4호
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    • pp.395-401
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    • 2010
  • 시간이 지남에 따라 건물의 수직부재가 수축하는 것을 기둥축소라고 한다. 건물의 고층화 및 비정형화 추세 때문에 수직부재들에 작용하는 축하중 크기 간의 차이를 피할 수 없게 되며, 이의 영향으로 인접 수직부재 간의 축방향 축소량이 차이가 나게 된다. 이러한 부등축소량은 수직부재와 수평부재의 접합부에 추가적인 응력을 유발시키거나 슬래브의 기울어짐 또는 간벽이나 창호 등 비구조재의 사용성에 문제를 초래하게 된다. 이러한 부등축소량의 영향을 감소시키기 위하여 시공 중 수직부재의 설치 시 예측된 보정을 하게 된다. 보정의 합리성은 각 부재별 축소량의 정확한 예측과 예측된 축소량을 이용한 각 부재들의 합리적 보정량 산정에 있다. 부등축소량의 예측은 점점 더 정확해지고 있으나 보정 기법에 관한 연구는 거의 없다. 따라서 본 논문에서는 이동 평균법을 사용한 보정 기법과 보정하면서 발생하는 오차에 대한 합리적인 제한조건을 제시하였으며, 제한조건의 변화와 보정 그룹 수의 관계를 살펴봄으로써 제한조건 설정의 객관적인 판단 기준이 되었다. 그리고 이전에 연구되어진 SA 알고리즘을 사용한 최적 보정 기법과 결과를 비교해 봄으로써 이동 평균법 보정 기법의 효과를 검증하였다.

체계 수준 HEMP 내성 시험을 위한 시험파형 계측 기법 연구 (A Study on the Measurement Method of Test Waveform for System-level HEMP Immunity Test)

  • 여세동
    • 한국군사과학기술학회지
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    • 제22권2호
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    • pp.233-240
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    • 2019
  • High-altitude ElectroMagnetic Pulse(HEMP) is a high-power electromagnetic pulse caused by nuclear explosions at altitudes above 30 km. This pulse can cause serious damage to the electrical/electronic device. Therefore, there are a lot of studies on the effects of HEMP in the literature. When conducting studies on the effects of HEMP, it is essential to measure the simulated HEMP. Depending on the need for measurement, this paper focuses on the HEMP measurement method. This paper proposes a measurement method using frequency domain compensation to extract the correct waveform and solves the offset problem more efficiently than the conventional methods. The proposed method is verified by experiment using HEMP simulator and measurement system in ADD.

넓은 입출력 전압을 위한 LLC 공진형 컨버터의 풀 브리지-하프 브리지 모드 변환 기법 연구 (A Study on Full Bridge and Half Bridge Mode Transition Method of LLC Resonant Converter for Wide Input and Output Voltage Condition)

  • 최민영;백승우;김학원;조관열;강정원
    • 전력전자학회논문지
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    • 제27권4호
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    • pp.356-366
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    • 2022
  • This paper presents a mode transition method that applies frequency compensation technique of an LLC resonant converter for stable mode transition. LLC resonant converters used in various applications require high efficiency and high power density. However, because of circuit property, a wider voltage gain range equates to a greater circuit loss, so maintaining high efficiency at all voltage gain ranges is difficult. In this case, full bridge-half bridge mode transition method can be used, which maintains high efficiency even in a wide voltage gain range. However, this method causes damage to the circuit through overcurrent by the mode transition. This study analyzes the cause of the problem and proposes a mode transition method that applies frequency compensation technique to solve the problem. The proposed method verifies the stable transition through simulation analysis and experimental results.

압력보상형 유압펌프 신뢰성 시험평가 기술 (Reliability Test Assessment Technique for Pressure Compensation Type Hydraulic Pump)

  • 정동수
    • 한국신뢰성학회지:신뢰성응용연구
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    • 제11권4호
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    • pp.371-385
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    • 2011
  • Because consumer mostly utilizes company test standard, supplier spends burden of expenses on building test equipments and managing expert manpower to fulfill consumer's various tests. Therefore, it is urgent to standardize test assessment which has a bond of sympathy between consumer and supplier and evaluates reliability of their products. This study develops reliability assessment standard which is composed of 12 test items considering international and domestic test standards, company internal test standards of consumer companies and field conditions. Also this study introduces overall technical procedure on accelerated test with no failure which is used for the main technology of reliability assessment. To verify effectiveness of reliability assessment, the test results are herein analyzed through building the test equipments and performing the test items.

Impedance-Based Damage Diagnosis on Bolt-Jointed Structure Under Varying Temperature

  • Shim, Hyo-Jin;Min, Ji-Young;Yun, Chung-Bang;Shin, Sung-Woo
    • 비파괴검사학회지
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    • 제31권3호
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    • pp.260-270
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    • 2011
  • The electromechanical impedance(E/M)-based method detects local structural damages based on variations of electrical impedance signatures which are obtained from piezoelectric sensors bonded to the structure and excited in high frequency band. In this method, temperature changes may result in significant impedance variations and lead to erroneous diagnostic results of the structure. To tackle this problem, a new technique providing a 2-dimensional damage feature related to the temperature information is proposed to distinguish the structural damage from the undesirable temperature variation. For experimental tests to validate the proposed method, damages are introduced by bolt loosening to a bolt-jointed steel beam, and impedance signals are measured under varying temperature conditions through a piezoelectric sensor attached on the beam. A freely suspended piezoelectric sensor is additionally utilized to obtain temperature information indirectly from resistance signatures. From a relationship between the damage index (from a constrained sensor) and the temperature (from a freely suspended sensor or a temperature sensor), damages can be detected more clearly under varying temperature compared to other conventional approaches.

A Study on the Substantial impact of US high rate tariff policy on the Korean companies -Based on analysis of Article 301 of the US Trade Law -

  • Nam, Seon Mo
    • International Journal of Advanced Culture Technology
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    • 제7권4호
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    • pp.63-68
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    • 2019
  • Recently, the United States and China have declared a 25% retaliatory tariff for the partner country products of 50 billion dollar scale. "Trade war" is getting full swing. Such conflicts between economic powers may spread to Japan like the domino phenomenon following the EU (European Union) and become bigger in the global trade war. As a result, Korea has an economic system with a high degree of external dependence, and there is an expert's analysis that it will become the largest victim of the global trade war. If the WTO Dispute Settlement Authority approves this US 301 retaliation measure in the same way as the past case (US-EU hormone-treated beef imports), the United States will not import any Chinese imported products Chinese products) can be imposed. If the US launches a special 301 or super 301, which is stronger than the regular 301, then China is very likely to enforce US retaliation against it, and the trade war between the two countries could become a reality. This phenomenon is likely to have a negative impact on Korean companies. In particular, Korea, which is highly reliant on intermediate goods exports to China, is expected to suffer a great deal of damage. Therefore, Korea needs flexible response at home and abroad, it is necessary to enhance the autonomy of companies and protect export industries. Adjusting corporate tax rate as well as domestic industry height will be one way. The long-term (21 months) trade war between the United States and China has resulted in economic uncertainty. The resulting damage must be compensated. It is necessary to prepare the compensation through the economic council between countries. In the future, the punitive damage compensation system should be introduced.

LMO에 대한 손해배상책임 - 바이오신약을 중심으로 (A study of Liability for LMO and Biomedicine)

  • 문상혁
    • 의료법학
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    • 제12권1호
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    • pp.43-67
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    • 2011
  • Humankind history is faced with one gigantic turning point due to development of Living genetically Modified Organisms. Food production by means of LMO is on the acceleration in an effort to solve the shortage of food problems. Food is also used as alternative energy source. Use of LMO product is not only limited to food and energy, but is actively utilized in various fields of medicines. This paper is first to check out the state of biomedicine developed and associated problems from industries that use LMO, after which we made an attempt on legislative approach to find out means of relief, through examples of such laws legislated for the sufferer from the adverse effect of the biomedicine. As for the liable subject to bear the responsibility for compensatory damage in a way of relieving the victim owing to adverse effect of biomedicine, those who manufactured and sold biomedicine and who are related to the damage to the victim due to the accident and medical doctors and pharmacists who prescribe and administer the medicine in question have been looked into. Accidents involving medicines and medical supplies could take place without reason for imputation on part of the liable subjects or fault of the victim, in which case the victim can't receive damage compensation from any of both parties. When such accidents happened turn out to be no fault accidents, introduction of damage relief measures might have to be reviewed against side effects of medicine and medical supplies as no fault compensation in order for actual relief to be possible. Talking about technicality of legislation, we can suggest a method of strengthening the accountability of manufacturer for stereotypical agenda on biomedicines by newly legislating special regulation with an issue that resists claim on risks associated with the development of medicine and incorporating the same into Manufactured Product Liability Law. After all, when an accident happens associated with biomedicine, the damage will be done to the consumer. And the consumer will be exposed to fatal danger even without the time to cope with potential risks associated with medicine and medical supplies they take. Therefore, it is necessary to protect the potential victim by having the manufacturer of biomedicines bear the liability of medical risks.

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