• 제목/요약/키워드: Legal liability

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활어 수송과 계약 체결상의 민사 책임에 관한 연구 (A Study about Civil Liability of Live Fish Transportation Contract)

  • 박수봉;임석원
    • 수산해양교육연구
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    • 제26권5호
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    • pp.959-965
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    • 2014
  • Transporting of live fish requires subcontract with an independent contractor. During the transporting of live fish, civil liability problems can be caused by damage of fish. Before transporting of live fish, responsibility of negligence and tort liability were arisen, after transporting of live fish, default on an obligation was arisen. To avoid this problems, it is important to put a bond on each other and live fish transporting contract can be made a legal contract. Also, transporting of live fish must be made safe, after transporting, and discharge of obligation, perfect transaction is achieved.

제조물 책임의 전략적 대응방안에 관한 연구 (A study on strategic countermeasure against product liability)

  • 박노국;장석주
    • 대한안전경영과학회지
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    • 제11권1호
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    • pp.165-173
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    • 2009
  • Product liability as a process has developed significantly in the United Kingdom and the United States of America. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products.

간호과오책임 예방을 위한 웹기반 진단평가 프로그램 개발 (Development of a Web-based Diagnostic Evaluation Program for Prevention of Nurse Malpractice Liability)

  • 김기경
    • 간호행정학회지
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    • 제17권1호
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    • pp.33-43
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    • 2011
  • Purpose: This study was done to develop a web-based diagnostic evaluation program for nurses to prevent malpractice liability. Methods: A comprehensive review of the literature and 9 specialist interviews were used to search for learning goals and content for protection for nurses from malpractice. Data on needs for learning goals were collected from 56 hospital nurses who agreed to complete a self-report questionnaire. The diagnostic program was evaluated between September 2008 and August 2009 by 35 new hospital nurses using an application of the web-based program evaluation tools by Chung (2000). Results: A comprehensive review of the literature and interviews were used to search for learning goals and content. The evaluation program was composed of the 73 questions for diagnostic evaluation under 23 learning goals and 6 grand learning goals which included the principles of law, patient's rights, legal responsibility, patient's safety, regulation on nursing practice and patient's rights protection. Evaluation of the program showed that the mean for program evaluation was 3.43 (SD=.37). Conclusion: This diagnostic evaluation program could be an efficient method for teachers and learners to improve nurses' behavior in protecting the patient's rights and preventing malpractice claims.

The Montreal Convention: A First Impression

  • Sekiguchi, Masao
    • 항공우주정책ㆍ법학회지
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    • 제12권
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    • pp.36-65
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    • 2000
  • The Montreal Convention markedly changed the rules governing the international carriage by air of passenger, baggage and cargo. The introduction of a considerable number of modernized major elements including electric ticketing system, the unlimited passenger liability regime and a supplementary (fifth) jurisdiction should help to remove aged scheme that now exists in the Warsaw Convention and other related instruments. The key issue of the electric ticketing system recognized by the Convention IS how to describe reasonably and adequately the terms of written notices, in the light of the principle of consumer protection. Regarding liability regime for passengers, an unlimited passenger liability regime is realized. The carrier, in the first tier, is subject to a strict liability regime of up to 100,000 SDRs, and in the second tire, a regime of presumed fault liability without numerical liability limits. To add to the present four fora, the fifth forum is permitted. Regarding damage resulting the death or injury of a passenger, an action for damages may also be brought in its home territory with the considerably qualified narrow requirements. A strange deviation from the well-established "Procedure for Approval of Draft Convention" carried out by the Legal Committee left a considerable number of unrefined and incomplete passages. In the near future, their modification should be required.

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로테르담 규칙상의 운송인의 책임 (The Liability and Limitation of Liability Regime in the Rotterdam Rules)

  • 이시환
    • 무역상무연구
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    • 제42권
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    • pp.189-210
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    • 2009
  • The United Nations General Assembly adopted the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea(hereinafter referred to as "The Rotterdam Rules") on 11 December 2008. Rotterdam Rules aims to create a contemporary and uniform law providing for modern door-to-door container transport including an international sea leg. but not limited to port-to port carriage of goods. The structure of the liability regime in Rotterdam Rules are globally close to that of the Hague-Visby Rule even though it differs from that of the Hague-Visby Rules in some significant aspects. The Rotterdam Rules are very long. Therefore the Rotterdam Rules will be difficult to understand for even the skilled ship operator or owner or charterer or shipper or consignee or receiver because they are so complicated. This paper only seeks to highlight the salient features of the liability and limitation of liability regime under the Rotterdam Rules. It is expected that the harmonization and modernization of the international legal regime. coupled with the bold attempt to balance the carrier and cargo interests should lead to an overall reduction in transaction costs. increased predictability and greater commercial confidence for international business transactions.

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복합운송인의 책임제한 방식과 한도액 (A Review on Limit of Liabilities of Multimodal Transport Operator in Korea)

  • 서지민
    • 무역상무연구
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    • 제77권
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    • pp.145-168
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    • 2018
  • The purpose of this paper is to introduce the limitation of liabilities of multimodal transport operators(MTO) in Korea. Also, this paper reviews the revised draft of Korean Commercial Code in 2015. This paper analyzes Korean multimodal transport systemand the limitation of liabilities of MTO by analyzing articles, regulations and practices of Korean Commercial Code and it's the draft in 2015. The paper, also, studies multimodal transport rules by comparing specifically international treaty, rules, or practices. In Korea, Article 816 of Commercial Code treats multimodal transportation adopting the network liability regime. The Article describes only the case of the multimodal transportation where the maritime carriage is engaged. Korea proposed the draft of multimodal transport regulation of Commercial Code in 2015 because present law could not apply for the multimodal transportation involved in the air or land carriage. This paper support the draft of Korean Commercial Code in 2015 because it is necessary to make a predictable legal system of multimodal transport and the limitation of liability reflecting practices or customs.

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A Study on Drone's Liability on Flight in South Korea

  • Kwak, Young-Am
    • 유통과학연구
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    • 제14권3호
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    • pp.5-10
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    • 2016
  • Purpose - This paper analyzed the accident of drone and related insurance goods which can be coverable with regard to drone accident. The study range is limited in the owner's care, custody, and the control of drone in South Korea, but military area and law and regulation of the drone would be exceptional. Research design, data, and methodology - With regard to drone's flight, drone can make possible risks and can give severe damage to the people. To carry out this research, literature survey and review such as journal, thesis and publications were adopted. Results - As for the insurance coverage from drone's accident involved in the purpose of business, insurance coverage depends on 'commercial general liability insurance'. However, in case of personal hobby including leasure intention, insurance coverage depends on 'living liability insurance'. Conclusions - From a drone's accident, operator and owner of the drone may face the property damage to the drone itself, and then can give severe damage or loss to the people such as physical injuries and property damage. Peoples should be concerned about having the awareness of drone's accident with insurance coverage.

신뢰성인증 보험제도의 개발에 관한 연구

  • 홍연웅;길종걸;이낙영;권영일;전영록;나명환
    • 대한안전경영과학회:학술대회논문집
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    • 대한안전경영과학회 2001년도 춘계학술대회
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    • pp.235-239
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    • 2001
  • The purpose of this study is to develop an insurance system for product quality liability(PQL) by reviewing some legal issues concerning the product liability It is concluded that the purpose and the function of PQL insurance have to be considered with robust experience data for the life of product, quality system of the company, size of company, the number and amount of products produced by a company and the type of company etc. And this article reviews some problems of policy including the possibility of anti-selection and reverse selection.

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우리나라 중소기업 제조물 책임(PL)운영방안

  • 박노국;장석주
    • 대한안전경영과학회:학술대회논문집
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    • 대한안전경영과학회 2012년 춘계학술대회
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    • pp.259-268
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    • 2012
  • Product liability as a process has developed significantly in the United Kingdom and the United States of America. The safety of the product becomes one of the most important elements in modern corporate management. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products.

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