• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.7-31
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• 2001

All legal systems set out the principle of full compensation of damages, which aims to fulfil the plaintiff's expectations by putting him into as good a position as he would have been in if the contract had been performed. On the other hand, they place some limitations on the full recoverability of damages for breach of contract. In Civil Law systems, 'fault' is a necessary requirement for liability for damages, and the extent of recoverable damages is directly related to the degree of the dependent's fault. This principle, however, is not adopted by Common Law systems, in which the dependent would be liable in damages for breach of contract even though the breach was not due to his fault. The CISG is in a similar position to the latter systems. In Common Law systems as well as CISG, the extent of liability of the party in breach for damages depends on whether he foresaw or could have foreseen the damages at the time of contracting. Unlike the position in Civil Law systems, foreseeability seems to be the most effective principle to decide the extent. The tests for remoteness centre on reasonable foreseeability or contemplation of the loss. The party in breach is liable even for loss indirectly caused to the other party provided that this loss was foreseeable or contemplated by the party in breach. However, this manner to decide remoteness may lead to unreasonable results in some cases. If the party in breach were the inveterate pessimist who foresaw all sorts of possible damages, he could foresee damages too remote from the breach of duty. If this fact were revealed in the course of trial, he should be liable for such indirect damages. This is really undesirable result. Therefore, as to the remoteness test, the criterion of whether the loss is foreseen or contemplated must not be adopted. Foreseeability by reasonable person must be the only available criterion.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.279-310
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• 2015

The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

• Journal of Korean Society for Quality Management
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• v.23 no.4
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• pp.74-89
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• 1995

In recent years, the safety of customers and the demand for rights to be protected from the risk have become stronger than ever day by day, and the function concerning product liability(PL) and quality assurance(QA) has been emphasized. Basically these functions can be obtained by inspection and there is the single rectifying sampling inspection for attribute (KSA-3105) as an existing method. But we can not say this method is good enough because of limitations in the range of applications and the approximate design of inspection methods which can not meet the rapidity and accuracy of quality information transfer according to the maturity of information period. Therefore, in this paper, a new algorithm is developed which can design the accurate inspection method by using the linear cost function that has not been considered in the existing inspection methods. Also in addition to this, a optimal rectifying sampling inspection plan, contributing to minimize the total costs, can be developed by programming the algorithm developed in this study and it can be applied to any field having many processes almost limitlessly.

• Journal of the Ergonomics Society of Korea
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• v.23 no.3
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• pp.53-72
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• 2004

Today we are observing a lot of injuries, casualties, and property losses that are mainly caused by the defects of products. In order to derive safety designs, which minimize the possibility of such product liability-related accidents, we need to take into account the user-product interaction as an important part of the danger factor analysis. Existing risk analysis techniques, however, have some limitations in detecting comprehensive danger factors that are peculiarly involved in human errors and the functional defects of products. Researches on danger factor analysis regarding the user-product interaction have been carried out actively in ergonomics. In this paper, we suggest a novel product risk analysis technique, which is more objective and systematic compared to the previous ones, by combining a modified TAFEI (Task Analysis For Error Identification) technique with SASA (Systematic Approach to Accident Scenario Analysis) technique. By applying this technique to the product design practice in industry, corporations will be able to improve the product safety, consequently strengthening the competitiveness.

• Journal of Fisheries and Marine Sciences Education
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• v.22 no.3
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• pp.445-459
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• 2010

The purpose of this paper was to discern the nature of socially acceptable corporal punishment through legal analysis. To do this, the researcher attempted to clarify the concept of corporal punishment, to figure out the current legal position about corporal punishment, and to examine the court cases against corporal punishment. The results of the study were as follows: Firstly, corporal punishment is intentional physical or emotional aversive stimuli to students who violated the rules and norms, to reduce or fix specific undesirable behaviors, by the person who is in charge of discipline of students. Secondly, current regulations do not accept corporal punishment in principle. Thirdly, court cases did not admit the corporal punishment in principle, but did not charge legal liability if the corporal punishment was done in proper manner in view of education. However, the judicial precedents are getting more strict focusing on the human rights of students.

• Asian Journal of Business Environment
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• v.5 no.2
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• pp.15-22
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• 2015

Purpose - Following globalization, Kazakh companies are considered to be among the main economic agents of the country. The influence of Limited Liability Partnerships (LLPs) on Kazakhstan's economic development is becoming increasingly pronounced. Therefore, limitations and backwardness of legislation regarding regulation of corporate governance must be overcome at the earliest. Research design, data, and methodology - We considered the basis for legislation of corporate governance in Kazakhstan, and the corporate governance models that better describe the situation of being in the organization. Results - Earlier studies have identified several problems, including "transparency" of issuers and markets, and the consequent lack of (undeveloped) external control of managers of the former state-owned enterprises; lack of traditional corporate ethics and culture; and corruption, and other criminal aspects of the problem. This article describes several proposals to improve corporate governance in Kazakhstan to solve these problems. Conclusions - Domestic reformers acting without consideration of local features is a common occurrence today. They often ignore that these features are recommended for reputable international organizations, and therefore should be used carefully.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.207-239
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• 2002

The redemption system for consumer's claim is intended to deal with the conflicts between consumers and firms in their transaction of goods and service ensuring consumer's basic right. In general, the redemption system for consumer's claim requires promptness of redemption, free charge of claim procedure for consumers and constructive response of firms. However, the current redemption system in Korea has some limitations in its authority in the sense that it has only the right for mediation of consultation and agreement and thus the involved consumer should forfeit his/her claim or should go to legal suit which requires high cost and time when the mediation work is failed between two parties. As it is shown in result of survey on empirical cases produced by the Consumer Dispute Mediation Committee in Consumer Protection Board of Korea in 2001, the 20.3％ of total claims have failed to reach final mediation, while the BBB case in the U. S. has recorded 19％ of arbitration success after its failure in mediation. Therefore, it is strongly recommended for Korea to augment current. arbitration system toward assuring firm's cost liability, the principle of quick procedure through agreement on arbitration upon consumer's request. It is thus prerequisite for firms to be armed with the concrete entrepreneurship of responsibility on cost liability. In conclusion, we suggest restructuring of currently existing institution, rather than establishing new one through substantial augmenting the role of Consumer Dispute Mediation Committee In Consumer Protection Board of Korea and enlarging its business criteria of The Korean Commercial Arbitration Board by progressive development of the consumer protection program through amendment of current law for consumer protection.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.123-169
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• 2002

The Advent of the global information structure and the do-called digital revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity\ulcorner diversity\ulcorner spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. Especially, the damage from the above side effects on the cyberspace can be much more serious than in the real world because of promptness, wideness and anonymity. Therefore, regulating and controling the freedom of speech on the cyberspace became needed, and there are two kinds of opinion; one is that the laws in the real world should be applied for the cyberspace and the other is that regulating and controling the freedom of speech on the cyberspace should be performed by the users of cyberspace not by laws because the cyberspace is a free space and must not be interfered. In this study, the current judicial regulation of cyberspace, the side effects of cyberspace and the limitations of the freedom of speech are studied to solve the above problems with speech and the liabilities of on-line service providers are discussed around defamation the distribution of obscene pictures and information, and infringement of copyright.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.12
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• pp.739-748
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• 2020

The study aims to estimate the effect of current ratio (CR), current liability to inventory (CLI), total asset turnover (TAT), net profit margin (NPM), sales growth (SG), and company size (FS) on profit growth (PG). The research population was 18 companies in the Food and Beverage (F&B) sector listed on the Indonesia Stock Exchange (IDX) from 2014-2018. The data estimation method uses the common effect panel data regression model. The empirical findings show that the CR and CLI ratios have a negative effect on PG, while the TAT, NPM, and SG ratios have a positive effect. Company size is a factor that does not affect the growth of company profits. The results of the study imply that an increase in company profits can be achieved if the company operates efficiently and with low liquidity to encourage higher sales growth. The limitations of the research are as follows: first, this research considers only one type of industry, hence the results of this study would not be the same if applied to another type of industry. Second, the author observes profit growth by using the company's financial ratios and size and ignores other factors that may affect profit growth, for example, the number of employees, total net sales, and market capitalization.

• Journal of Korean Society for Quality Management
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• v.24 no.4
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• pp.207-223
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• 1996

These days, customers have attached great importance to the function of product liability and quality assurance. In Korea, the single rectifying sampling inspection for attribute (KS A 3105) has been used. But this inspection plan given by tables (KS A 3105) has some defects. There are limitations in the range of applications and irrationality of approximate probability and the double rectifying sampling inspection is not mentioned. Moreover, ATI (average total inspection) does not reflect sampling costs and the loss of nonconforming item. Therefore, the objectives of this study is to develope new algorithms and computer program that provide the optimal sampling inspection plan based on minimum linear costs (single & double inspection plan). The result of this study revealed that the new algorithm is less than KS A 3105 in ATI and basically, double inspection plan is more economical. Also it comes over restrictions in KS A 3105. So, it is definite that the optimal solution can be obtained considering cost factors in manufacturing and sampling process, and costs can be saved in the long term.