• Title/Summary/Keyword: Risk of Loss

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The Allocation of Risk under Sale of Goods in American Law - Focused on the Uniform Commercial Code and Cases - (미국법상 물품매매계약에서의 위험의 분배 - 통일상법전(UCC)의 규정 및 사례를 중심으로 -)

  • Kim, Young Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.59-98
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    • 2013
  • Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Under the Uniform Commercial Code (UCC), there are four risk of loss rules, in order of application. First, it is agreement that is the agreement of the parties controls. Second, the breaching party is liable for any uninsured loss even though breach is unrelated to the problem. Hence, if the breach is the time of delivery, and the goods show up broken, then the breaching rule applies risk of loss on the seller. Third, the delivery by common carrier other than by seller is necessary: Risk of loss shifts from seller to buyer at the time that seller completes its delivery obligations; If it is a destination contract, then risk of loss is on the seller; If it is a delivery contract, then the risk of loss is on the buyer. Fourth, if the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's receipt of the goods. If the buyer never takes possession, then the seller still has the risk of loss. This paper discusses problems of risk of loss under the American law. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of risk of loss issues for Korean law.

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Risk Analysis of Hearing Loss in the Air Base (군용 비행장에서 청력손실의 위험요소 분석)

  • Kim, Sun-Kyung;Lee, Seung-Hyun;Kim, Dong-Soo
    • Journal of the Korea Institute of Military Science and Technology
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    • v.15 no.2
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    • pp.186-192
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    • 2012
  • Noise is a major cause of hearing loss in the air base. There are lots of risk factors of hearing loss including noise, and hearing loss can be accelerated by combined effects of these risk factors. Here in, we reviewed risk factors of hearing loss, and analysed key risk factors inducing hearing loss in the air base. Risk factors exacerbating hearing loss with noise were mainly investigated in this research because noise could not be an avoidable risk factor in the air base. Analysed data will contribute to make green environment minimizing hearing loss of pilots and supporting personnels in the air base.

Simulation-Based Operational Risk Assessment (시뮬레이션 기법을 이용한 운영리스크 평가)

  • Hwang, Myung-Soo;Lee, Young-Jai
    • Journal of Information Technology Services
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    • v.4 no.1
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    • pp.129-139
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    • 2005
  • This paper proposes a framework of Operational Risk-based Business Continuity System(ORBCS), and develops protection system for operational risk through operational risk assessment and loss distribution approach based on risk management guideline announced in the basel II. In order to find out financial operational risk, business processes of domestic bank are assorted by seven event factors and eight business activities so that we can construct the system. After we find out KRI(Key Risk Indicator) index, tasks and risks, we calculated risk possibility and expected cost by analyzing quantitative data, questionnaire and qualitative approach for AHP model from the past events. Furthermore, we can assume unexpected cost loss by using loss distribution approach presented in the basel II. Each bank can also assume expected loss distributions of operational risk by seven event factors and eight business activities. In this research, we choose loss distribution approach so that we can calculate operational risk. In order to explain number of case happened, we choose poisson distribution, log-normal distribution for loss cost, and estimate model for Monte-Carlo simulation. Through this process which is measured by operational risk. of ABC bank, we find out that loss distribution approach explains closer unexpected cost directly compared than internal measurement approach, and makes less unexpected cost loss.

Operational Risk Measurement of Financial Institutions via AHP (AHP 분석을 이용한 금융기관 운영리스크 측정)

  • Choi, Seung-Il
    • Korean Management Science Review
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    • v.28 no.3
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    • pp.73-82
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    • 2011
  • Basel II advanced measurement approaches for operational risk need to estimate the frequency and severity distribution of operational losses. Due to lack of internal loss data, the estimation is impossible in many cases and so external loss data might be used by scaling on asset or gross income. To get around lack of loss data, scenario analysis combined with loss distribution approach can be useful in calculating the capital charge of operational risk. However, scenario based loss distribution approach requires much time and effort. Instead we may apply the analytic hierarchy process to measure operational risk of financial institutions. The analytic hierarchy process combined with loss distribution approach is to estimate the capital charge of operational risk in other areas based on the operational VaR in an area with sufficient loss data. AHP provides a tool for timely measurement of operational risk in this rapidly changing global environment.

An Analysis of Adolescents' Perceived Risk on Conformity Behavior of Fashion Brand (의복구매시 청소년의 지각된 위험이 패션브랜드 동조행동에 미치는 영향)

  • Jun, Dae-Geun
    • Journal of the Korean Home Economics Association
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    • v.46 no.10
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    • pp.71-81
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    • 2008
  • This study aimed to identify the effects of adolescents' perceived risk on fashion brand conformity behavior. To analyze conformable fashion brand behavior with consideration to their reference group, 6 dimensions of perceived risk were adopted as explanatory variables. Reference group means people that a person refers to when evaluating his values & behaviors. Data were collected from 672 male and female students aged between 14 and 18. Factor analysis on perceived risk resulted in 6 dimensional structures: socio-psychological, time loss, functional, fashionability loss, performance and opportunity loss risk. Fashionability loss risk positively affected adolescent fashion brand conformity behavior according to their favorite celebrities. Performance risk positively affected in consideration to their parents, while opportunity loss risk had a negative effect on the same reference group. However, socio-psychological and fashionability loss risk positively affected adolescent fashion brand conformity behavior in consideration to their friends, while performance loss risk had negative effect on the same reference group. Adolescent groups divided by the 6 dimensions of perceived risk showed meaningful differences in their fashion brand conformable behavior in consideration to their reference groups.

A Study on the Inherent Defects in the eUCP Article 11 & Implication for the Revision (eUCP 11조의 잠재적 하자의 규명과 합리적 개정방안의 모색)

  • Kim, Ki-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.35
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    • pp.41-69
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    • 2007
  • This study analyzes some important implications for the forthcoming revision of eUCP through the methodology of expected utility maximization theory. The overall results are as follows. First, beneficiary with an initial wealth has a risk-averse utility in traditional letter of credit transaction, and he would be more risk-averse in eUCP transaction. Secondly, the beneficiary who has risk-averse utility will pay for the risk premium to reduce the risk of corruption of an electronic record by means of cost of loss reduction activities. Thirdly, the cost of loss reduction activities is represented by a convex cost function, Fourthly, a risk averse beneficiary pursues loss reducing activities to the point where the expected marginal product of loss reduction is less than its marginal cost. Fifthly, a more risk-averse eUCP beneficiary will always select a higher level of loss reduction as long as the effectiveness of loss reduction is certain. Sixthly, when the effectiveness of loss reduction is uncertain, the more risk-averse eUCP beneficiary does not necessarily choose a higher level of loss reducing activities. Finally, it would be more reasonable that eUCP Article 11 should protect eUCP beneficiary who pursues a higher level of loss reducing activities.

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Effects of the Perceived Risk on the Consumers′ Purchase Attitudes in the Internet Shopping Malls (인터텟 쇼핑몰에서 소비자의 지각된 위험이 구매 태도에 미치는 영향)

  • 정인근;김윤호
    • Proceedings of the Korean Operations and Management Science Society Conference
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    • 2001.10a
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    • pp.184-187
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    • 2001
  • The purpose of this study is to find the perceived risk which influences consumers' purchase attitudes so that consumers' participation in electronic commerce could be enhanced. Consumer behavior involves risk in the sense that any action of a consumer will produce consequences which one cannot anticipate, and some of which are at least likely to be unpleasant. The types of perceived risks are financial risk, performance risk, social risk, psychological risk, time loss, opportunity loss, privacy risk, fashion loss, delivery risk, seller's response risk and seller's fraud risk The findings are as follows: $\circled1$ The financial risk, performance risk, time loss, delivery risk, seller's response risk and seller's fraud risk have negative effects on the consumers' purchase attitudes. $\circled2$ There is no difference in the level of perceived risk according to the demographic factors such as age, education and income level.

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Risk Factors Analysis and Quantitative Risk Assessment Model for Tunnel Construction Project (터널 건설 프로젝트 리스크 분석 및 리스크 정량화 모델 개발에 관한 연구)

  • Jeong, Seung-A;Ahn, Sungjin
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2023.05a
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    • pp.363-364
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    • 2023
  • The tunnel construction projects is demanded more efficient risk management measures and loss forecasts to prepare for risk losses from an increase in the trend of tunnel construction. This study aims to analyze the risk factors that caused the loss of material in actual tunnel construction and to develop a quantified predictive loss model, based on the past loss record of tunnel construction projects.

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Cyber risk measurement via loss distribution approach and GARCH model

  • Sanghee Kim;Seongjoo Song
    • Communications for Statistical Applications and Methods
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    • v.30 no.1
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    • pp.75-94
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    • 2023
  • The growing trend of cyber risk has put forward the importance of cyber risk management. Cyber risk is defined as an accidental or intentional risk related to information and technology assets. Although cyber risk is a subset of operational risk, it is reported to be handled differently from operational risk due to its different features of the loss distribution. In this study, we aim to detect the characteristics of cyber loss and find a suitable model by measuring value at risk (VaR). We use the loss distribution approach (LDA) and the time series model to describe cyber losses of financial and non-financial business sectors, provided in SAS® OpRisk Global Data. Peaks over threshold (POT) method is also incorporated to improve the risk measurement. For the financial sector, the LDA and GARCH model with POT perform better than those without POT, respectively. The same result is obtained for the non-financial sector, although the differences are not significant. We also build a two-dimensional model reflecting the dependence structure between financial and non-financial sectors through a bivariate copula and check the model adequacy through VaR.

Loss Aversion of the Condominium Market in Seoul

  • Miae KO;Jaetae KIM
    • The Journal of Economics, Marketing and Management
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    • v.12 no.2
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    • pp.1-10
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    • 2024
  • Purpose: This study conducted an empirical study to estimate the loss aversion rate of individual investors in the Seoul condominium market. Research design, data and methodology: A survey was conducted with Seoul residents ranging from 30's to 60's with various backgrounds. Descriptive statistical analysis and a paired sample t-test were conducted using SPSS 27.0 statistical package. Results: The results of the t-test showed that Seoul residents are indeed more sensitive to loss than gains, as pointed out in various researches related to behavioral economics. Also, the loss aversion rate associated with KRW 50 million risk was found to be 2.14. Finally, the same question was asked with KRW 100 million risk, doubled associated risk of previous question, using the same scenario, and it's been verified that the loss aversion rate increases as the associated risk or stake increases. The loss aversion rate with double risk is 2.26 which is about 5% higher than the one with KRW 50 million risk. Conclusions: This study can help many groups of people in society who need to establish rewards and punishment policies within any organization. In particular, incorporating human cognitive biases, such as loss aversion can help the South Korean government shape more effective reward and punishment policies when building rewards and punishments using taxes.