• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.213-239
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• 2003

This paper intends to describe the liability regime of the air carrier under the Montreal Convention of 1999 for the international cargo, comparing to those of the existing Warsaw Convention system. Also this paper deals with main issues of the Montreal Convention which are relevant for the carrier's liability in the carriage by air of cargo. The Warsaw Convention was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975, and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. International air carrier is liable by application of principle of strict liability as stated in the Montreal Convention : The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air, and the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. However, the Montreal Convention has main outstanding issues with respect to the liability of the air carrier : potential conflicts between the Montreal Convention and the Warsaw Convention, the amounts of limits of the carrier's liability, the duration of the carrier's liability, the exessive litigation, and the aviation insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• Journal of the Korean Institute of Gas
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• v.22 no.5
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• pp.1-17
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• 2018

Related incidents and accidents are frequent after 2000 years, such as the outbreak of the Taian peninsula crude oil spillage and Gumi hydrofluoric acid leakage accident. In the wake of such environmental pollution accidents, Consensus has been formed to enact legislation on liability for the compensation of environmental pollution in 2014 and the rescue, and has been in force since January 2016. Therefore, in the domestic insurance industry, the introduced environmental liability insurance system needs to be managed through the standardization formula of a new insurance model for managing the environmental risk. This study has been carried out by the emergence of a safe insurance model with a risky nature of the risk type, which is one of the services of the knowledge base. The verification of the six assurance media on the occurrence of environmental pollution such as chemical, waste, marine, soil, etc. is expressed through semantic interoperability through this possible ontology. The insurance model was designed and presented by deducing the relationship between the amount of money and the amount of money that was written in the area of existing expertise, In order to exclude the possible consequences, the concept of abstract is conceptualized in the form of a customer, and a plan for the future development of an ontology-based decision support system is proposed to reduce the cost and resources consumed every year. It is expected that standardization of the verification standard of the mass of mass will minimize errors and reduce the time and resources required for verification.

• Journal of Digital Convergence
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• v.15 no.1
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• pp.77-84
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• 2017

This study investigates the association between financial reporting strategy and the directors' and officers' liability insurance. Since D&O insurance protects officers and directors against the risks of shareholder litigation, it is possible that, because of moral hazard, managers will be more willing to participate in opportunistic financial reporting such as earnings manipulation when they are covered by a generous D&O insurance policy. This paper examines the association between D&O insurance and financial reporting, specifically whether the purchase of D&O insurance affects earnings manipulation. On the other side, the firms engage earnings management are willing to purchase D&O insurance, this study tests whether earnings manipulation affects D&O purchases using listed firms in Korean stock market from 2006 to 2008. This paper finds that firms with higher discretionary accruals are less likely to purchase D&O insurance implies that managers who are participating in earnings manipulation are not willing to purchase D&O insurance. The relation between discretionary accruals and D&O is significantly negative which indicate D&O insurance purchase does not trigger earnings manipulation rather it alleviates opportunistic reporting behavior.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.319-335
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• 2010

The purpose of this study is to make clean the scope of insurer`s liability through theoretical interpretation and to understand some problems of various excluded risks in law and clauses relating to marine cargo insurance. This study suggest the problems related with the interpretation of the excluded risks in law and clauses. Through continued study on the excluded risks in law and clauses, we should make a system which will satisfy the assured in making the insurance contract.

• Journal of the Korean Institute of Navigation
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• v.18 no.4
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• pp.59-81
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• 1994

Korean property and liability insurance companies have underwrited hull insurance without proper undrewriting ability. But after April 1996. in case of Korean insurance market being opened the companies have to make hull insurance rate by themselves. Accordingly, in this study, the writer embodies important factors in making hull insurance rate by an empirical survey. In empirical survey, the writer used a questionnaire, 74 proper data was obtained from 96 officers working in making hull insurance rate in 12 Korean property and liablity insurance companies and 24 the foreign companies at home. Reliability was tested by Cronbach's Alpha and a conceptual validity by Factor Analysis. Hypothesis estabilished in this study was tested by Correlation and Multiple Regression Analysis. Results of testing hypothesis are as follows: Firstly, the traits of insurer and the assured influence significantly(P<0.05) on making hull insurance rate. Secondly, expected loss ratio, ship manager, ship's age, insured amount, level of the cost of repairing and salvage, shipowner, period of insurance, level of overseas rating, profit and expense, trading limits, ship's classification, conditions of insurance, and ship's size influence significantly(P<0.05) on making hull insurance rate.

• The Korean Journal of Pain
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• v.29 no.1
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• pp.62-62
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• 2016

• International Commerce and Information Review
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• v.11 no.2
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• pp.27-47
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• 2009

This study aims to present definite directions on practical insurance business and letter of credits through an analysis centering on each section of Article 28 of UCP600. Accordingly, we sought adefinite understanding of regulations on insurance documents and present things to be improved. And we speculate the issues on insurance documents focusing on excessive involvement of insurance in banking according to the convention of insurance business, each mortgage having liability according to contract based on the regulations on acceptance of collective insurance documents, problems in acceptance of expiry date recorded in insurance documents and alternatives. This study focuses on activation of insurance documents as contract documents of marine insurance, aiming to present interpretational base in a practical view rather than technological directions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.119-136
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• 2001

The purpose of this paper is to consider how to decide the cause of loss or damage to the transport goods when maritime accident occurs. In marine insurance, the underwriter is liable for any loss or damage proximately caused by a risk insured(MIA Art.55). So it is very important to determine the proximate cause of loss or damage to ascertain whether it is to be recoverable under the policy. But there is no definite conception or rule what is the proximate cause. It was left to the tribunal as a question of fact. In this paper, I will suggest the general rules to determine the proximate cause of loss or damage of the transport goods in marine insurance. First, in MIA 1906, there is the rule of proximate causation and it has been established the effective causation by cases since 1918. Second, in Institute Cargo Clauses(B) & (C), there are rules of considerably relaxed standards to determine the causation of loss of or damage using the "attributable to" and "caused by" basis. Third, it is noted, under the complex causation situation, there are difference basises to decide the liability of underwriters between the case of successive occurrence of single risk and the case of concurrent occurrence of several risks. Forth, in practice, it couldn't be ascertained the underwrier's liability by a definite rule and it should be fully considered the circumstances and conditions of the loss.

• Journal of the Korean Data and Information Science Society
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• v.20 no.4
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• pp.713-717
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• 2009

The purpose of this paper is to analyse the factors influencing satisfaction, reliance, and loyalty to the life insurance companies. The factors are divided into two categories: the characteristics of life insurance companies and sellers. Factor analysis and multiple regression is employed. Two factors are found in the analysis of the characteristics of life insurance companies. Those are quality and social liability of life insurance companies. One factor are extracted from the analysis of the characteristics of sellers. We also find each one factor in the factor analysis of satisfaction, reliance, and loyalty. The findings are summarized as follows. Firstly, the role of sellers are very important for the three performance variables, namely satisfaction, reliance, and loyalty. Secondly, the factor for social liability of life insurance companies is statistically significant to the satisfaction performance. Finally, The three explaining variables are statistically significant to the reliance and loyalty performance.

• Journal of the Korean Institute of Navigation
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• v.18 no.3
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• pp.31-49
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• 1994

In the meantime Korean Insurance Industry has been developed a steady growth under government's political protection. But insurance market seems to be opened unavoidably owing to the liberalization of international trade by the Agreements of UR and the bloc of economy by EC Integration and the Organization of NAFTA. By the above reason, especially, in case of hull insurance, the rate of hull insurance is being instituted as a problem. Accordingly the recognition for the problem like this, in thsi study, explained the major objectives of rate making and described the basic rate making methods that are used in property and liability insurance, and searched the rate making schemes of hull insurance rate of the major nations by comparing method. And as a conclusion, the writer presented several schemes including new rate making scheme of hull insurance rate and the security of statistical data about loss ratio, and the establishment of Korean Hull Insurance Association.