• Title/Summary/Keyword: Liability System

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A Case Study on PL Management in Small and Medium-Sized Firms of Gangwon-Do Province (강원도 중소기업의 제조물책임법 대책에 대한 연구)

  • Park, Roh-Gook;Lee, Sung-Ho
    • Journal of the Korea Safety Management & Science
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    • v.10 no.3
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    • pp.99-107
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    • 2008
  • Product liability(PL) is the producer's compensation to customers for damage incurred by product defects. This paper studies on the organizational culture, promotion process, system construction, system level, product safety review, product safety assurance, system operation, and its effectiveness and necessity of recognition for the PL system of small and medium-sized firms in Gangwon-Do province. The results show that the firms have product safety regulations, but the number of firms which its employees understand the regulations is less than the number of firms which do not understand. Also the number of firms which is preparing PL prevention and insurance, and counterplan for accidents seems to be not in large numbers.

Introduction to the Montreal Convention 1999 (New Warsaw Convention : Montreal Convention 1999 소개)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.9-28
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    • 2003
  • The Warsaw Convention of 1929 and the amendments thereto including the Hague Protocol, Montreal Protocols Nos. 1,2,3 and 4, the Guadalajara Convention and the IATA Intercarrier Agreements, which are the rules (as called "War saw System") have played as a major rule in the international air transportation for more than 70 years, will be replaced by the Montreal Convention of 1999 for its effectiveness on November 4, 2003. While a major portion of the Montreal Convention follows the language of the Warsaw System, the Montreal Convention makes significant changes to the scope and extent of the carrier's liability, expands the jurisdictions where the carrier can be sued, and recognizes the effect of code sharing on air carrier liability. The Montreal Convention heralds the single biggest change in the international aviation since the diplomatic efforts in the mid-1920's which resulted in the enactment of the Warsaw Convention. Until now, the legal liability of almost all the international air carriers has been governed by the Warsaw System. The Montreal Convention incorporates provisions of these instruments to create a single document and to set a uniform regime for carrier liability in international transportation. At the same time the issue of the low liability limits of the Warsaw has been resolved to a more satisfactory level in the Montreal Convention. The Convention has been hailed as consumer friendly and progressive in nature. If this Convention is ratified by Korea, the virtual elimination of the liability limits between the passengers and the airlines will become law by treaty. The airlines in Korea as well as Korean consumers of international air carriage will immensely benefit from the ratification. As opposed to the Warsaw Convention, the Montreal Convention has been described to be the one that is no longer a Convention for airlines, but it would serve the interests of both the consumers and the air carriers.

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Liability of Air Carrier and its Legislative Problems in China : Some proposals for its Amendments (중국 항공운송법의 현황 및 주요내용과 앞으로의 전망 : 항공운송인의 책임을 중심으로)

  • Li, Hua
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.147-176
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    • 2011
  • China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

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Analysis on Regulation Revision Record to Term of Warranty Liability to Reinforced Concrete Work in Apartment Building (공동주택 철근콘크리트 공사의 하자담보책임기간 개정 이력 분석)

  • Park, Jun-Mo;Seo, Deok-Seok
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2017.05a
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    • pp.268-269
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    • 2017
  • Apartment building, which has been accompanied by economic growth in Korea, is a home of life and has the value overlapping as housing and assets. The improvement of consumer's eye level and development of related technology and related service development have positive function that enriches society and creates economic wealth. On the other hand, the clash and conflict between stakeholders increase social unrest and waste our competitiveness by economic loss. The term of warranty liability of apartment building is an important issue of defect lawsuits and is only a few quantitative standards. However, in this study, we examined the revision history of the law and ordinances for the reinforced concrete construction. As a result, establishing and revising the relevant standard, there is no definite basis system to support it. To improve this, the efforts to provide the standard for term of warranty liability and quantitative and objective basis to support it should be accompanied continuously.

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A Study on Culpa in Contrahendo in Chinese Contract Law (중국통일계약법(CLPRC)의 계약체결상 과실책임에 관한 연구)

  • Youn, Sang Youn;Oh, Hyon Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.63
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    • pp.63-88
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    • 2014
  • The culpa in contrahendo is a doctrine that "damages should be recoverable against the party whose blameworthy conduct during negotiations for a contract brought about its invalidity or prevented its perfection". In China, Chinese Civil law gradually adopted Culpa in Contrahendo under the former 'economic contract law' and the 'general rules of the civil law', then the legal system of culpa in contrahendo was formally established under Contract Law of the People's Republic of China(CLPRC) in 1999. To put it concretely, Art. 42, 43, 58 of the Chinese Civil Law expressly establishes a culpa in contrahendo liability derived from a principle of good faith governing pre-contractual negotiations. however, in general, culpa in contrahendo has been recognized a independent legal liability as distinct from contractual default liability and torts liability. This article provides a general description of the characteristics of culpa in contrahendo under Chinese Contract Law, and both theoretical issues that have arisen in Chinese academics and relevant important precedent in Chinese Courts. This article also analyzed trend of judgment on precedents that the Supreme Peoples's Court of the PRC applied culpa in contrahendo.

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A computer model for asset liability management systems (국내 금융기관의 자산부채종합관리 시스템을 위한 컴퓨터 모형에 관한 연구)

  • 정철용
    • Korean Management Science Review
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    • v.13 no.1
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    • pp.157-177
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    • 1996
  • Because of the liberalization of Korean financial markets, domestic commercial banks are exposed to various risks including interest rate risk and foreign exchange risk. Therefore, asset liability management, developed to manage the risks and profitability of financial institutes systematically, is considered prerequisite for the success in more and more competitive financial environments. However, developing a high value-added software is not easy work because of the lack of domain knowlege and ever-changing financial environments. In this paper, we present a computer model for asset liability management systems. A prototype system is implemented by using Visual Basic 3.0 (professional version) and Access database, based on the 3-tiered client/server model.

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A Study on Problems and Improvement of Deposit System in Civil Law (민법상 공탁제도의 문제점과 개선방안에 관한 연구)

  • Park, Jong-Ryeol
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2017.01a
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    • pp.89-92
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    • 2017
  • 공탁이란 채권자의 수령거절이나 수령불능 또는 채권자를 알 수 없는 등으로 변제를 할 수 없는 때에 변제자가 채권자를 위하여 변제의 목적물을 지방법원 공탁소에 임치함으로써 채무를 면하는 제도를 말한다. 또한 권리의 실현과정에서 다양한 기능을 하고 있는 법적제도이지만, 국민의 권리실현을 위한 채무자 보호입장에서 실질적으로 사적기관에 이임되는 경우가 많다. 특히 오랜 역사 속에서 발전되어 온 공탁제도는 처음에는 선의의 채무자를 보호하기 위한 제도로 출발하였으나, 현재는 권리구제적인 측면에서 제재나 보안수단으로 발전되어 온 것이 사실이다. 그러나 이 공탁제도가 시대상황을 잘 반영하여 운영하고 있지만, 공탁물의 범위에 있어서 외국화폐나 사법상의 재산권을 표창하는 증거증권은 그 범주에 들지 않는 문제점 등이 제기되고 있다. 따라서 본 연구에서는 외국의 입법례를 통하여 우리의 현행 민법 하에서 국민의 법 감정과 정서에 맞는 가장 바람직한 공탁제도의 방향을 제시하고자 한다.

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An Integral Model for Product Liability and Safety using Hazard Analysis.

  • Kal, Won-Mo;Hahm, Hyo-Joon
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.22 no.53
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    • pp.79-88
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    • 1999
  • This paper presents an integral model for product safety and product liability resulting from a defective product. The essence of the paper is the process of supply of manufacturing products which satisfy the product liability and the product safety in terms of consumers expectation levels. The main criteria of the product safety is the hazard level which involves in the severity and frequency. The proposed model shows the process to supply the manufactured products under the conditions that they are suitable in comparison of hazard level and safety level established by each company. If the product do not meet the safety level, this paper proposes that four different types of PL and PS countermeasures for the risk types are forward, respectively.

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Evaluation on the Abuse Liability of Ephedrine Using Rats (흰쥐를 이용한 에페드린의 약물남용가능성 평가)

  • 류승렬;김혜진;홍진태;이종권;이선희;이병무;김부영
    • YAKHAK HOEJI
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    • v.43 no.5
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    • pp.682-688
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    • 1999
  • Abuse liability of ephedrine was investigated by measurement of locomotor activity and self-administration in Sprague-Dawley rats. Locomotor activity was determined in rats treated with 3, 10 and 30 mg/kg ephedrine for 14 days. Self-administration by ephedrine (0.23, 1 and 2.3 mg/kg) was examined in food-trained rats. We also examined effect of dopamine receptor antagonist (spiperone, $30{\;}\mu\textrm{g}/kg$) on the ephedrine-induced response of self-administration. Body weight was not statistically difference between control and ephedrine treatment group, but locomotor activity was dose-dependently increased. Self-administration for ephedrine was decreased in the early response (day 1 and 2) but the response was increased by higher dose of ephedrine. Self-administration was decreased by dopamine receptor antagonist (spiperone). These data showed that ephedrine increased locomotor activity and induced response of self-administration, and the effects of ephedrine were partially related to the dopaminergic system, which suggest the ephedrine may have abuse liability.

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우리나라 중소기업 제조물 책임(PL)운영방안

  • Park, No-Guk;Jang, Seok-Ju
    • Proceedings of the Safety Management and Science Conference
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    • 2012.04a
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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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