• 제목/요약/키워드: Damage claim

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자동차사고 손상유형과 상해에 관한 실사고 연구 (A Real-world Accident Study on Vehicle Damage Types and Occupant Injury)

  • 홍승준;박원필;하성용
    • 한국자동차공학회논문집
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    • 제21권1호
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    • pp.107-112
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    • 2013
  • Base on insurance vehicle collision and bodily injury claim reports, 23,655 cases of vehicle to vehicle accidents occurred in Korea 2010 are investigated in order to understand vehicle damage severities, repair costs and occupant injury types. The results of our statistical analysis reveal that minor damages with small dent or scratches on vehicle body panels which is assumed to imply during very low speed crashes are major portion of accident severities types. The most vulnerable body regions due to the real-world accident are neck. The 86.3% of total injured driver in minor rear damaged vehicles has reported neck pains and they are followed by whole bodies and head but with much lower occurrence rates.

우주활동에 의하여 발생한 손해배상책임에 관한 연구 - 관련 사례를 중심으로 - (A Study on the Liability for Damage caused by Space Activity - With reference to Relevant Cases -)

  • 이강빈
    • 항공우주정책ㆍ법학회지
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    • 제26권1호
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    • pp.177-213
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    • 2011
  • 현재 우주활동에 의하여 발생된 손해에 대한 배상책임과 관련된 국제조약으로 1967년 우주조약과 1972년 우주손해배상책임조약이 있으며, 또한 우리나라 국내법으로 2008년 우주손해배상법이 있다. 우주조약은 우주활동에 대한 국가의 국제적 책임과 우주물체에 의한 손해에 대한 국가의 불법행위 책임에 관하여 규정하고 있다. 우주손해책임조약은 발사국의 절대적 책임, 과실책임, 연대책임, 배상청구권자, 배상청구방법, 배상청구기한, 배상청구와 국내적 구제, 손해배상액, 청구위원회 설치 등에 관하여 규정하고 있다. 우리나라 우주손해배상법은 우주손해의 정의, 우주손해책임조약과의 관계, 발사자의 무과실책임 및 책임의 집중, 발사자의 손해배상책임한도액, 발사자의 책임보험 가입, 정부의 피해자 구조 및 발사자 지원 등에 관하여 규정하고 있다. 우주사고로 인한 손해배상책임 관련 사례들로 Iridium33과 Cosmos 2251 위성충돌 사건, Cosmos 954 위성추락 사건, Martin Marietta의 위성발사 실패 사건, Westar VI 위성 작동불량 사고 등이 있으며, 이러한 우주사건에 관한 분쟁 또는 소송에 있어서 위성의 발사국, 발사자 및 제조자의 손해배상책임 부담문제에 관련하여 절대책임(엄격책임)원칙 또는 과실책임원칙이 적용되어 해결되고 있다. 우주손해책임조약의 개선방안으로 손해배상청구권자의 명확한 규정, 청구위원회의 결정의 구속력 확보 등을 들 수 있고, 우리나라 우주손해배상법의 개선방안으로 손해배상범위에 간접손해 포함, 손해배상책임 한도액의 통화단위 변경, 공동발사자의 연대책임 및 구상권 신설, 우주손해배상심의위원회의 설치 등을 들 수 있다. 우리나라는 2009년 6월 전남 고흥군 외나로도에 우주센터가 준공되어 동년 8월 및 2010년 6월 우리나라 최초 소형 우주발사체 나로호(KSLV-1)를 두차례 발사하였다. 향후 우리나라는 우주활동 과정에서 우주관련 국제조약 및 국내법상의 국제적 책임 및 우주손해에 대한 배상책임 등 문제들이 발생할 가능성이 있으므로 우리정부 및 우주물체 발사기관은 이러한 문제들에 대한 법적 제도적 대응책을 마련해야 할 것이다.

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우주법상 손해배상책임과 분쟁해결제도 (The Liability for Damage and Dispute Settlement Mechanism under the Space Law)

  • 이강빈
    • 한국중재학회지:중재연구
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    • 제20권2호
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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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국제무역거래상 권리포기 선하증권과 관련된 해상화물보험의 대위청구권에 관한 연구 (A Study on the Surrender B/L and the Subrogation Claim of Marine Cargo Insurance under International Trade Transaction)

  • 이재성
    • 무역상무연구
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    • 제65권
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    • pp.71-94
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    • 2015
  • The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

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A Basic Study on the Introduction of Professional Indemnity Insurance for Construction Project Managers

  • Cho, Young-Jun
    • 한국건축시공학회지
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    • 제13권2호
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    • pp.102-111
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    • 2013
  • During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

보험 손실액을 활용한 자연재해 위험 지도 개발 및 적용방안 연구 (Development of Natural Hazard Risk Map using Insured Claim Payouts and Its Application)

  • 김지명;박영준
    • 한국건축시공학회:학술대회논문집
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    • 한국건축시공학회 2015년도 춘계 학술논문 발표대회
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    • pp.257-258
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    • 2015
  • The amount of damages caused by natural hazards is consistently growing due to the unusual weather and extreme events. At the same time, property damage by natural hazards is rapidly increasing as well. Hence, we need systematic anti-disaster activities and consulting that can react to such a situation. To address these needs, we investigated and analyzed insured claim payouts from natural hazards by administrative area, and calculate the risk index utilizing GIS. According to the index, this map is identifying the areas of greatest natural hazard risk. The ranking of natural disaster vulnerability based on the risk index, and risk grades were divided into five based on the ranking. This map integrates the natural hazard losses to assist in comprehensive and effective loss prevention activities using analysis of regional loss claims from natural hazards. Moreover, this map can be as utilized as loss mitigation and prevention activities to verify the distribution of exposure and hazards.

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국제물품매매계약에서 매도인의 계약위반에 대한 매수인의 손해배상청구권 행사의 문제점 - CISG와 UNIDROIT Principles(2010)을 중심으로- (A Study on the Problems in Exercising Buyer's Right to Claim Damages for the Breach of Contract by the Seller in International Sales Contract - Focusing on CISG and UNIDROIT Principles(2010) -)

  • 오원석;윤영미;임성철
    • 무역상무연구
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    • 제58권
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    • pp.3-33
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    • 2013
  • The purpose of this paper is to examine the problems in exercising buyer's right to claim damages for the breach of contract by the seller in international sales contract and to suggest reasonable counter-measures. The main contents are as follows: First, this author analyzed the principles of the seller's liability for damages in detail and examined the methods for the calculation of damages on the basis of Arts.74~77. As these articles are found to be insufficient in practical application, this author further examined the UNIDROIT Principles(2004) to confirm whether these Principles can fill the gaps of CISG or not, which turned out their gap-filling functions. Second, this author tried to find any expected problems when the buyer resorts to the right to claim damages in case of the seller's breach of contract including the estimation of damages, the burden of proof, causation, the proof of appropriateness for avoidance, the proof of buyer's obligation to mitigate the loss and so on. The reason is that these problems may cause a lot of difficulties in real business. As result, many buyers have given up their reasonable rights to claim damages so far. Finally, from the buyer's perspective, this author would like to suggest a liquidated damage clause(LD Clause) which gives the buyer to received a specified sum in case of seller's non-performance and/or a demand guarantee(or standby L/C) which guarantees buyer to secure unconditional payment independent of the underlying contract. For these purposes, the buyer should try to insert the LD Clause and/or Guarantee Clause in the contract when the buyer and the seller negotiate the sales contract. Also there are a lot of considerations and limitations in using the LD Clause and the Guarantee Clause in their real business, mainly dependent up bargain power between the seller and the buyer, for which this author promise to examine in detail in the future.

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발주자 손실기반 지체상금 산정 개선방안 (A Liquidated Damages Calculation Method Based on Owner's Substantial Loss)

  • 장봉조;심재영;구정산;정대원;구교진;현창택
    • 한국건설관리학회논문집
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    • 제8권1호
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    • pp.150-158
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    • 2007
  • 공기지연은 건설공사에 있어서 가장 빈번하게 발생하는 클레임의 발생요인이다. 공기지연으로 인한 지체상금은 판결과정에 있어서 많은 분쟁을 불러일으키고 있다. 지체상금은 '손해배상의 예정'으로 실제 발주자가 입은 손실에 대한 보상액이 되어야 한다. 그러나 실제로는 계약 불이행에 대한 위약금의 형태로 적용되고 있다. 이러한 지체상금은 발주자의 실제 손실과 차이가 있으며, 수급자에게 과도한 부담으로 작용한다. 본 연구에서는 발주자의 실제 손실에 기반을 둔 지체상금 산정방법을 제안하고자 한다.

의류제품에 대한 소비자 고발실태 분석 - 대전지역을 중심으로 - (Analysis of Consumer's Complaints for Clothing Products - In Taejon Area -)

  • 이정순;이현영;이현자;송경자;김희숙;서미영;이수인
    • 한국생활과학회지
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    • 제9권1호
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    • pp.127-136
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    • 2000
  • The purpose of this study is to investigate the consumer's complaints for clothing products in quality, uses and care. The consumer's complaints that were lodged to in consumer's claim center, Taejon Housewives Classes, from 1997 Jan. to 1999 Mar. were analyzed. The major results were as follows. 1. Complainers are generally females in their thirties and forties. Out of the clothing items, jackets and jumpers are the most part. Periods of uses and prices of accused clothing are less than one year and one hundred thousands won respectively. For claims about purchasing places, department store ranked first. 2. The complaints are mostly claims related to quality of clothing products, for example damage, color change, deformation, pilling and shrinkage. 3. Concerning the results of claim consideration, responsibility's whereabouts is that consumers, manufacturers, launderer rank in order.

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Life Cycle Costing: Maintenance and Repair Costs of Hospital Facilities Using Monte Carlo Simulation

  • Kim, Tae-Hui;Choi, Jong-Soo;Park, Young Jun;Son, Kiyoung
    • 한국건축시공학회지
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    • 제13권6호
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    • pp.541-548
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    • 2013
  • During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.