• Title/Summary/Keyword: Product liability law

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Study on the Damage Pattern Analysis of a 3 Phase 22.9/3.3kV Oil Immersed Transformer and Judgment of the Cause of Its Ignition (3상 22.9/3.3kV 유입변압기의 소손패턴 해석 및 발화원인 판정에 관한 연구)

  • Choi, Chung-Seog
    • The Transactions of The Korean Institute of Electrical Engineers
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    • v.60 no.6
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    • pp.1274-1279
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    • 2011
  • The purpose of this paper is to present the manufacturing defect and damage pattern of a 3 phase 22.9/3.3kV oil immersed transformer, as well as to present an objective basis for the prevention of a similar accident and to secure data for the settlement of PL related disputes. It was found that in order to prevent the occurrence of accidents to transformers, insulating oil analysis, thermal image measurement, and corona discharge diagnosis, etc., were performed by establishing relevant regulation. The result of analysis performed on the external appearance of a transformer to which an accident occurred, the internal insulation resistance and protection system, etc., showed that most of the analysis items were judged to be acceptable. However, it was found that the insulation characteristics between the primary winding and the enclosure, those between the ground and the secondary winding, and those between the primary and secondary windings were inappropriate due to an insulating oil leak caused by damage to the pressure relief valve. From the analysis of the acidity values measured over the past 5 years, it is thought that an increase in carbon dioxide (CO2) caused an increase in the temperature inside the transformer and the increase in the ethylene gas increased the possibility of ignition. Even though 17 years have passed since the transformer was installed, it was found that the system's design, manufacture, maintenance and management have been performed well and the insulating paper was in good condition, and that there was no trace of public access or vandalism. However, in the case of transformers to which accidents have occurred, a melted area between the upper and the intermediate bobbins of the W-phase secondary winding as well as between its intermediate and lower bobbins. It can be seen that a V-pattern was formed at the carbonized area of the transformer and that the depth of the carbonization is deeper at the upper side than the lower side. In addition, it was found that physical bending and deformation occurred inside the secondary winding due to non-uniform pressure while performing transformer winding work. Therefore, since it is obvious that the accident occurred due to a manufacturing defect (winding work defect), it is thought that the manufacturer of the transformer is responsible for the accident and that it is lawful for the manufacture to investigate and prove the concrete cause of the accident according to the Product Liability Law (PLL).

The Study on Facility Accident Case and PL Recognition of the Safety Manager in Electric Installation for Private Use (자가용 전기설비 안전관리자의 PL인식 조사 및 사고사례 연구)

  • Kim, Young-Seok;Shong, Kil-Mok;Kim, Sun-Gu
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.22 no.9
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    • pp.40-46
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    • 2008
  • In this paper, we investigated electric safety manager's PL recognition and accident occurrence of electric power facilities in electric installation for private use. The target of questionnaire survey is 450 electric installations for private use, 154 responded the questionnaire among these and it occupied 35.8[%]. The questionnaire survey says that 58[%] of electric safety manager knew well about PL contents and 42[%] of them did not recognize its. 82.4[%] of them must applied PL law in electric installation, 5.8[%] of them did not need the PL law. Reason of PL application occupied 64[%] for stability of electrical facility and product, 19[%] for prevention of same accident. The accident of transformer occupied most and the power cable accident were much next. The questionnaire survey results, electric safety managers are interested in PL contents, they expected necessity of PL application about electrical accident strongly.

Developing a Quality Risk Assessment Model for Product Liability Law (제조물 책임(PL)법 대응을 위한 품질 리스크 진단 모델 개발)

  • Oh, Hyung Sool
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.40 no.3
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    • pp.27-37
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    • 2017
  • As the global uncertainty of manufacturing has increased and the quality problem has become global, the recall has become a fatal risk that determines the durability of the company. In addition, as the convergence of PSS (product-service system) product becomes common due to the development of IT convergence technology, if the function of any part of hardware or software does not operate normally, there will be a problem in the entire function of PSS product. In order to manage the quality of such PSS products in a stable manner, a new approaches is needed to analyze and manage the hardware and software parts at the same time. However, the Fishbone diagram, FTA, and FMEA, which are widely used to interpret the current quality problem, are not suitable for analyzing the quality problem by considering the hardware and software at the same time. In this paper, a quality risk assessment model combining FTA and FMEA based on defect rate to be assessed daily on site to manage quality and fishbone diagram used in group activity to solve defective problem. The proposed FTA-FMEA based risk assessment model considers the system structure characteristics of the defect factors in terms of the relationship between hardware and software, and further recognizes and manages them as risk. In order to evaluate the proposed model, we applied the functions of ITS (intelligent transportation system). It is expected that the proposed model will be more effective in assessing quality risks of PSS products because it evaluates the structural characteristics of products and causes of defects considering hardware and software together.

Risk and Responsibility in Korean Tobacco Litigation: Epidemiology and Causality in Late Modern Risk (한국 담배소송에서의 위험과 책임: 역학과 후기 근대적 인과)

  • Park, Jinyoung;Yi, Doogab
    • Journal of Science and Technology Studies
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    • v.15 no.2
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    • pp.229-262
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    • 2015
  • Toxic tort cases have increased dramatically since the 1970s, as large technological systems, such as nuclear power plants and chemical factories, or mass-produced, high-tech products, had exposed citizens and consumers to dangerous substances. It was, however, difficult to establish causal connection between exposure and the alleged harms in many of the environmental, pollution, and product liability cases under the framework of tort law conception of causation and responsibility. Science and law was called upon to resolve such 'late modern' legal cases where true causes are hard to find, where no single explanatory factor is sufficient for explaining diseases like cancer. This article examines how plaintiffs in the Korean tobacco litigation mobilized such late modern tools in science and law, such as epidemiology and the allocation of the burden of proof, in the context of the global circulation of science and law. It further shows how a set of the scientific theories and legal arguments developed in order to cope with late modern risk played a central role in establishing a causation between smoking and cancer in 2011. This article suggests that STS scholars can fruitfully examine the interaction between science and law as a way to understand and engage with social and legal issues engendered by late modern risk.

A Study on the Legal Liabilities of Contractor as a Delay in the Product Delivery on the Offshore Plant Construction Contract (해양플랜트공사계약상 제조물인도지연에 따른 당사자의 법적 책임에 관한 고찰)

  • Jin, Ho-Hyun
    • MARITIME LAW REVIEW
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    • v.29 no.2
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    • pp.115-144
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    • 2017
  • The impact of the global financial crisis, which began in the United States in 2007, had a major impact on the domestic shipping and shipbuilding industries. In this regard, the domestic shipyard has established an order-taking strategy in several ways as an alternative to lowering the amount of construction of commercial vessels due to deterioration of the shipping industry, and selected industrial sector was the offshore plant sector. However, the domestic shipyard has under performed the offshore plant in order to just increase sales and secure work without any risk analysis for EPC contracts. As a result, the shipyard has been charged more than the initial contract price with the offshore plant contractor, or the shipyard has become a legal issue requiring payment of liquidated damages due to delays in delivery of the product. The main legal disputes are caused by the thorough risk analysis and the inexperience of process control that can occur during offshore plant construction. and In particular, there is no sufficient review of the unequivocal provisions in the contract as an element of risk management. There is no human resource to review these contractual clauses. Therefore, this study identifies the existence of specific risks that could lead to delays in offshore plant construction, and examined the existence of any unequivocal clauses in contracts for offshore plant construction. and also discussed how the toxic clause applies to the actual parties and how the concrete risk factors in the construction contracts are transferred and expressed by referring to the interviews with the project manager of the domestic shipyard and the previous research. As a result, This paper examined the legal liability of the contracting parties regarding delayed delivery of the products due to the offshore plant construction contract. And to improve the domestic shipbuilding industry.

A Study on the socio-economic impact of 3D Printing (3D프린팅이 사회·경제에 미치는 영향에 관한 연구)

  • Kim, Hyeon-Chang
    • Journal of Digital Convergence
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    • v.13 no.7
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    • pp.23-31
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    • 2015
  • With the expiration of main patent of printing method, public interest now has shifted to 3D printing. In this, it needs to shine a light on the negative effects, particularly in the socio-economic aspect of 3D printing. By analyzing the existing research findings, policy reports and press releases, the negative effects of 3D printing and its countermeasures were derived. The main drawbacks of 3D printing includes the following: It might cause 3D printing-related crimes(e.g. printed weapons, intellectual property infringement, etc.) and it poses a big threat to other related business sectors.(e.g. potential job loss in molding and medical equipments manufacturing industries) What's more, the nature of 3D printing that it is easy to operate attracts lots of people, which then leads to serious social and environmental problems-product liability, ethical issues, environmental pollution, and finally government's blindly excessive investment in 3D printing. To avoid such potential risks, the government should establish and enforce the institutional law, and guidelines. Government's rational investment decision is also inevitable for the short-term and long-term sustainability of 3D printing.

A Case Study on Installation Charges Dispute Settlement by Benefits Analysis (시설부담금 산정에 관한 분쟁 사례 연구)

  • Lee, Tai-Sik;Lee, Dong-Wook;Jun, Young-Joon;Kwak, Dong-Koo
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.169-189
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    • 2010
  • Composition depending on the development of industrial sites are located just within the existing facilities are hoping to become a retention, in accordance with the law will impose a liability amount. Then calculating the profit and loss analysis of the retention is required. In other words, the composition of the industrial site will be retained for existing facilities and the amount of the profit is necessary to analyze. In this study, the calculation of expenses and the income of retained existing facilities will be presented with analytical methods. Especially the existing cases of dispute with the results of the adjustment and the calculation of contributions for a range of benefits associated with the analysis according to 'The Industrial Sites and Development Act', the following conclusions were drawn. According to 'The Industrial Sites and Development Act', the facility at the industrial site composition within the limits of increasing the convenience of being charged is reasonable. In particular, the industrial site of buildings located within existing facilities depending on the composition and future industrial sites are public facilities available for the facility to consider the possibility of calculating contributions to be reasonable. Additional benefits which can be the land prices, tax exemptions, and increasing efficiency of land use for the benefits are not yet realized the benefits against the expenses side, as well as imposing double taxation. Therefore, the heavy emphasis on convenience is not considered to be reasonable. Including in the industrial site, the cost of damages caused, that is, noise, pollution, and the defective product possibility should be considered a side opinion, but it still does not promote the development of states estimated the cost of the damage is not right to be counted. Therefore, this facility should not be included in calculating contributions.

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New attempt on the Autonomous Vehicles Act based on criminal responsibility (자율주행자동차 사고시 형사책임에 따른 '자율주행자동차의 운행과 책임에 관한 법률안' 시도)

  • Lee, Seung-jun
    • Journal of Legislation Research
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    • no.53
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    • pp.593-631
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    • 2017
  • Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

경제협력개발개구 가입에 대비한 제조물 책임 및 안전에 관한 연구

  • 변승남;이동훈
    • Proceedings of the ESK Conference
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    • 1996.10a
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    • pp.141-149
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    • 1996
  • 본 연구의 목적은 우리나라의 경제협력개발기구(OECD) 가입에 따라 당면하게 될 '제조물 책 임법(product liability law) 이라는 법률적 체계에 능동적으로 대처하기 위한 전략적 방안을 수립 하는데 있다. 또한 OECD 회원국들의 제품안전 정책을 분석하여 OECD 가입에 따른 우리나라의 제품 안전 정책의 방향을 제시하는데 있다. 이를 위하여 본 연구에서는 첫째, 대부분의 회원국에서 실시 되고 있는 제조물 칙임법의 시행 현황에 대하여 조사하였으며 둘째, 결함이 있는 제품으로 부터 소 비자를 보호하기 위해 예방적인 조치로 시행되고있는 제품안전에 관한 정책을 살펴보았다. 본 연구 결과, OECD 자체의 통일된 제조물 책임법안은 없고 가입국들이 독자적으로 제정, 시행하고 있으며 회원국에 따라 세부규정에차이가 있는 것으로 밝혀졌다. 그러나 회원국간에 경제 행위에 영향을 미치는 모든 규제들을 국제 기준으로 통일 시키자는 논의가 활발한 가운데 제조물 책임법 또한 그 범위에 포함될 것으로 전망되었다. 제품안전 정책의 경우, 대부분의 회원국들이 제품 사용중 발생 하는 각종의 안전 사고들을 예방하기 위해안전사고 정보수집 체계를 통하여 엄격한 제품감시 체계를 운영하고 있는 것으로 밝혀졌다. 또한 사용의 안전성을 고려한 광범위하고도 진보적인 기술을 요구 하는 제품 안전기준을 설정하고 있었다. 따라서 우리나라가 OECD에 가입할 경우, 선진 회원국의 수준에 부합되는 제조물 책임법의 제정 및 시행뿐만 아니라, 제품의 안전성을 국제적인 수준으로 향상시키기 위한 체계적인 정책수립이 시급한 과제인 것으로 나타났다. 뇌파 측정은 수행 전후 비교 결과 " .alpha. " 노출 비율이 수행 전보다 수행 후가 다소 높은 비유로 나타났으며, 특히 영어 단어 암기력은 평균적으로 크게 상승되는 것으로 나타났다. 정성적 분석 결과에서는 많은 심리적 변화 상태가 나타나고 있지만 전체적으로 마음의 안정감, 몸의 긴장 이완에 따른 건강 상태 유지, 수업 집중도 향상 등이 나타났다. 위와 같은 종합 적 분석 결과에 따라, 본 연구는 제조 현장의 생산성 향상 및 품질 향상과 연계하여 작업자의 작업 집중도 향상, 작업자의 육체적, 심리적 변화에 따른 생산성 및 품질 향상 변화 정도 등의 산업공학(인간공학) 제 분야의 여러 측면에서 연구 및 적용이 가능하리라 사료된다.l, 시험군:25.90$\pm$7.16mg/d1, 47% 감소)를 나타내었으며, 시험군의 AUC는 대조군에 비해 39% 감소하였고, 혈중 아세트알데히드의 농도는 투여 60분후 시험군(3.96$\pm$0.07nmo1/$m\ell$)이 대조군(6.45$\pm$0,64nmo1/$m\ell$)에 비해 유의성 있는 감소(39%)를 나타내었으며, 시험군의 AUC는 대조군에 비해 48% 감소하였다 한편, 시험관내 에탄올 대사 효소에 대한 바이오짐의 효과를 검색해본 결과 바이오짐(2.0 $\mu\textrm{g}$/assay)에 의해 Aldehyde dehydrogenase(1.5unit/assay)의 활성이 14% 증가되었다. 본 연구의 결과로 볼 때, 비지니스 및 바이오짐은 음

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