• 제목/요약/키워드: Liability System

검색결과 315건 처리시간 0.022초

국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任) ("Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism")

  • 최완식
    • 항공우주정책ㆍ법학회지
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    • 제1권
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    • pp.47-85
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    • 1989
  • The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

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PL시대에 있어서 품질보증을 위한 공정관리기법 (Process Control Techniques for Quality Assurance in the Product Liability Age)

  • 정영배;김연수
    • 산업경영시스템학회지
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    • 제20권42호
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    • pp.73-85
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    • 1997
  • In the product liability age the demand on quality is extremely high and inspection and test are automated. The process capability indices $C_p, {\;}C_{pk}$ and p control chart widely used to provide unitless measure of process performance and process control. Traditional process capability indices $C_p, {\;}C_{pk}$ do not represent the process variation from target value. The convention p chart for control of fraction nonconforming becomes inadequate when the fraction nonconforming becomes very small such as PPM level production system. This paper proposes process performance measure considering quadratic loss function and cumulative counts control chart for control of PPM level production system.

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공동주택 하자담보책임 기산일 변화에 따른 하자보증제도의 문제점 및 개선방안 (Problem of Guarantee System against Defect by Change Starting point of Defects Liability on the Management of Apartment Houses and Improvement)

  • 정용기;이태형;김옥규
    • 한국건축시공학회:학술대회논문집
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    • 한국건축시공학회 2017년도 춘계 학술논문 발표대회
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    • pp.278-279
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    • 2017
  • Result from Amendment of Apartment Houses Decree Customer Service, Recently, the starting point of Defects Liability changed "Criteria of Completion date" to "Delivery date to Divided property". Through the Law amended, There are some inconsistency between "Claim for repairing defects" and "Period of security deposit for repairing defects claim". If someone bought a house after Completion date, Purchasing period of "Claim to security deposit for repairing defects" lapsed without renewal. This research is to identify problems and solutions for improving the system.

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온라인서비스제공자(OSP)의 저작권보호 책임과 필터링 (A Study on the Copyright Protection Liability of Online Service Provider and Filtering Measure)

  • 오영우;장규현;권헌영;임종인
    • 정보보호학회논문지
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    • 제20권6호
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    • pp.97-109
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    • 2010
  • 온라인상 저작권 침해와 관련, 1차적인 책임은 불법 저작물을 복제 전송하여 유통시킨 개인에게 있겠지만, 불법저작물 유통에 대한 장을 제공한 온라인서비스제공자(Online Service Provider, OSP)의 간섭책임의 문제가 대두되었고, 현재 대부분의 OSP는 저작권 간접침해의 책임을 회피하고, 이미지 훼손을 방지하기 위하여 자율적으로 필터링 기술을 적용하고 있으며, 특히 우리나라의 경우는 P2P나 웹하드 서비스제공자 등과 같은 특수한 유형의 OSP에게는 저작권법상 필터링 의무가 발생하고, 이를 위반하면 과태료 처분까지 받도록 규정하고 있다. 하지만 OSP의 필터링에 대해서는 그 필요성에도 불구하고 효율성과 타당성에 대해 많은 논란이 제기되고 있다. 이에 따라 이 글에서는 먼저 인터넷이 태동하고 인터넷 기술발전을 선도해 온 미국의 OSP의 책임이론과 우리 저작권법상 OSP의 책임제한 규정 및 필터링 관련 규정을 살펴보고 이어서 국내 OSP의 필터링 적용현황과 적용상의 한계를 살펴보았다. 그리고 국내 OSP의 필터링 개선방안으로 OSP의 책임제한 요건의 명확화, 저작권자와 OSP의 협력방안 모색, 상이한 필터링 기술간의 호환성을 제공하기 위한 표준 적용, 기타 고려사항 등 4가지를 제시하였다.

AHP기법을 활용한 제조물책임 대응시스템 구축요인의 전략적 우선순위 도출에 관한 연구 (Extracting Priorities of Strategic Components of Product Liability Response System using AHP)

  • 서준혁;고복수;배성민
    • 품질경영학회지
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    • 제42권2호
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    • pp.235-251
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    • 2014
  • Purpose: To develop efficient PL response system, SMEs should decide which component of PL response system is important and implemented with priority under limited resources. To accomplish this goal, we propose strategic priority components of PL response system for SME manufacturer. Methods: We categorize the components of PL response system based on prior research results - System, Organization, Training, Technology, Cost, and Awareness. AHP (Analytic Hierarchy Process) is applied to extract important components of PL response system, which is used in assigning the priority of component. To analyze effects of each components, performance sensitivity analysis is applied. Results: The survey analysis results show Technology is the most important components. Organization and Cost component are follows. As the importance of Technology is changed, we can find Organization, Cost is second and third important components. Conclusion: Our research shows Technology which is related to make a safe product with systematic process, is a basic enabler of PL response system. Also, building a PL team and securing a budget for PL activity should be carry out with limited resources.

주행 중 발생한 자동차화재를 엔진정지 주차 후 발견한 화재 사례 분석 연구 (A Study on Case Analysis of Motor Vehicle Fires Which Occurred in Operation but Were Found after Parking)

  • 이의평
    • 한국자동차공학회논문집
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    • 제20권6호
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    • pp.9-16
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    • 2012
  • It is often thought that when a fire is found in parked motor vehicles, the fire may occur after an engine stops. Also, it is easy to judge that when motor vehicle fires occur during engine stopping, it may be caused by arson or electrical causes irrespective of a fuel system. This study analyzed motor vehicle fires which occurred in operation but were found after parking and revealed that these fires were caused by the defect of a fuel system and the same motor vehicle types had fires by the same causes. Moreover, this study provided judgement process of major fire causes and periods for fire investigators to apply when investigating fires of parked motor vehicles. And this fire is related to automotive products liability.