• Title/Summary/Keyword: damage relief

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A Study on Improvement of Relief System in Disaster (재해구호시스템 개선에 관한 연구)

  • Park, Dae-woo
    • Journal of the Society of Disaster Information
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    • v.3 no.2
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    • pp.39-53
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    • 2007
  • In modern society, the natural disaster damage is increasing by unusual weather conditions such as global warming. Many disaster victims in the disaster spot suffered from the heavy damages. In these conditions, this paper aims to improve of relief system in disaster. To achieve our aims, we analyzed the present disaster relief system in a legal, institutional aspect and disaster relief on the conceptual content, and look at the contents of the damage I have seen. And we are look at the issue of disaster relief, disaster relief measures to improve the present. In conclusion, this research suggests the improvements of the disaster relief system. First, Donations to secure transparency of the scheme passes. Second, the reality of actual expenses paid farmland. Third, recovery estimate by the reality. Fourth, when the disaster occurred, and the disaster of the itemized information. Finally, the degree of damage to the housing relief material support systems need improvement.

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A Study on the Introduction of Food Safety Damage Relief System (식품안전 피해구제제도의 도입방안에 관한 연구)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.27 no.4
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    • pp.199-222
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    • 2017
  • Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

The Problems of Administrative Relief of Humidifier Disinfectiant Injuries and Its Reform (가습기살균제 피해의 행정구제의 문제점과 개선방안)

  • Park, Taehyun
    • Journal of Environmental Health Sciences
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    • v.45 no.4
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    • pp.310-320
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    • 2019
  • Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee's failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.

A Study on the Improvement of Health Damage Relief Regulation due to Environmental Hazardous Factors (환경유해인자로 인한 건강피해 구제제도의 개선방안에 관한 고찰)

  • Baek, Woonsuk;Shim, Younggyoo
    • Journal of Environmental Policy
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    • v.12 no.1
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    • pp.75-100
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    • 2013
  • Health damages such as pneumoconiosis and kidney damage, caused by environmental hazardous factors are being reported in health impact assessment conducted on environmentally vulnerable areas, including cement factories and refineries. Current legal system for relieving the environmental victims is not effective enough because the environmental health act does not specify the environmental hazardous factors to be considered for the relief. The aim of this study is to examine the problems of the existing system by making empirical analysis on health damages and afflicted people as well as on cases when afflicted people were able to be covered by remedy system. The results show that, insufficiencies of the relief system are due to the following reasons: First, current Environmental Health Act does not act well as a remedy system. Second, due to its unique nature of environmental health damage, it is hard to identify and prove the cause of health damage and unlawful actions of violators in the process of environmental dispute conciliation and lawsuits against polluters. This paper suggests following solutions on above mentioned problems. First, in defining the range and definition of environmental diseases, negative system should be used alongside with the current positive system. Second, we suggest adding the nature of public law to relief system, in order to ease the legal burden of proof. Third, in case when it is hard to identify the polluters and one cannot expect reliefs for their damage, it is possible to elevate the effectiveness of the relief measure by expanding scope of the search for possible environmental hazardous factors that caused the health damage. It is urgent to improve the relief system so as to secure the environmental rights of Koreans.

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Relief Performance of Fault Current and Design/Manufacturing of Polymer Arresters for Power Distribution (배전선로용 폴리머 피뢰기의 모듈 설계/제조 및 성능)

  • Cho, Han-Goo;Yun, Han-Su;Jang, Tae-Bong;Chie, In-Hyuk
    • Proceedings of the Korean Institute of Electrical and Electronic Material Engineers Conference
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    • 2005.05b
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    • pp.175-179
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    • 2005
  • The main objective of this paper is to module design and pressure relief test a new type of polymer gapless surge arrester for power distribution line. Metal oxide surge arrester for most electric power system applications, power distribution line and electric train are now being used extensively to protect overvoltage due to lightning. Surge arresters with porcelain housing must not have explosive breakage of the housing to minimize damage to other equipment when subjected to internal high short circuit current. When breakdown of gapless elements in a surge arrester occurs due to flashover, fault short current flows through the arrester and internal pressure of the arrester rises. The pressure rise can usually be limited by fitting a pressure relief diaphragm and transferring the arc from the inside to the outside of the housing. However, there is possibility of porcelain fragmentation caused by the thermal shock, pressure rise, etc. Non-fragmenting of the housing is the most desired way to prevent damage to other equipment. The pressure change which is occurred by flashover become discharge energy. This discharge energy raises to damage arrester housing and arrester housing is dispersed as small fragment. Therefore, the pressure relief design is requested to obstruct housing dispersion.

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재해로 인한 농작물의 생산비 피해액 산정

  • Shim, Kee-Oh;Lee, Cheol-Kyu
    • Journal of the Korean Society of Hazard Mitigation
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    • v.2 no.4 s.7
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    • pp.77-85
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    • 2002
  • Korean government compensates 100% for natural disaster relief fund to public facilities, and provides 70 percents to crops through unit price calculation. This study estimated disaster damage according to the standard production cost of crops. Disaster damage was estimated according to the unit price of crops. Those crops are lettuce, pumpkin, red pepper, spinach, tomato and cucumber. As a result, the ratio of natural disaster relief fund to damage was revealed as $3.3%{\sim}13.8%$ with present method, 5.7%{$\sim}34.1%$ with suggested method. Suggested method is the first one considered damage ratio of crops, producer price and raising period.

The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

A Study on Module Design and Performance of Polymer Arrester (폴리머 피뢰기의 모듈 설계 및 성능에 관한 연구)

  • Cho, Han-Goo;Chun, Jong-Uk;Kang, Yeong-Kil
    • Proceedings of the Korean Institute of Electrical and Electronic Material Engineers Conference
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    • 2003.05e
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    • pp.108-111
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    • 2003
  • The main objective of this paper is to module design and pressure relief test a new type of polymer gapless surge arrester for power distribution line. Metal oxide surge arrester for most electric power system applications, power distribution line and electric train are now being used extensively to protect overvoltage due to lightning. Surge arresters with porcelain housing must not have explosive breakage of the housing to minimize damage to other equipment when subjected to internal high short circuit current. When breakdown of gapless elements in a surge arrester occurs due to flashover, fault short current flows through the arrester and internal pressure of the arrester rises. The pressure rise can usually be limited by fitting a pressure relief diaphragm and transferring the arc from the inside to the outside of the housing. However, there is possibility of porcelain fragmentation caused by the thermal shock, pressure rise, etc. Non-fragmenting of the housing is the most desired way to prevent damage to other equipment. The pressure change which is occurred by flashover become discharge energy. This discharge energy raises to damage arrester housing and arrester housing is dispersed as small fragment. Therefore, the pressure relief design is requested to obstruct housing dispersion.

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Development of Earthquake Damage Estimation System and its Result Transmission by Engineering Test Satellite for Supporting Emergency

  • Jeong, Byeong-Pyo;Hosokawa, Masafumi;Takizawa, Osamu
    • 한국방재학회:학술대회논문집
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    • 2011.02a
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    • pp.12-19
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    • 2011
  • Drawing on its extensive experience with natural disasters, Japan has been dispatching Japan Disaster Relief (JDR) team to disaster-stricken countries to provide specialist assistance in rescue and medical operations. The JDR team has assisted in the wake of disasters including the 2004 Indian Ocean Earthquake and the 2008 Sichuan Earthquake in China. Information about the affected area is essential for a rapid disaster response. However, it can be difficult to gather information on damages in the immediate post-disaster period. To help overcome this problem, we have built on an Earthquake Damage Estimation System. This system makes it possible to produce distributions of the earthquake's seismic intensity and structural damage based on pre-calculated data such as landform and site amplification factors for Peak Ground Velocity, which are estimated from a Digital Elevation Model, as well as population distribution. The estimation result can be shared with the JDR team and with other international organizations through communications satellite or the Internet, enabling more effective rapid relief operations.

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Environmental Health Policies for the Past and Coming Decade in South Korea (환경보건종합계획을 통해 살펴본 환경보건정책: 지난 10년과 향후 10년)

  • Lee, Jong-Tae
    • Journal of Environmental Health Sciences
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    • v.47 no.5
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    • pp.379-383
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    • 2021
  • This paper discussed environmental health policies for the past and coming decade by reviewing the First Comprehensive Environmental Health Plan (2011~2020) and introducing the Second Comprehensive Environmental Health Plan (2021~2030). The major achievement of the First Comprehensive Environmental Health Plan was the establishment of receptor-oriented environmental health policies. However, the main limitations were insufficient policy support for relief and/or recovery from environmental pollution damage and low public awareness of environmental health policies. The Second Comprehensive Environmental Health Plan presents the following major policy tasks: establish an omnidirectional environment health investigation and monitoring system, provide customized environmental health services, improve the environmental health damage relief and recovery system, and promote regional environmental health policies. The Second Plan has a clear distinction from the First Plan in that it expands the field of environmental health from the prevention and management of environmental risk factors to proactive damage response and recovery, which will effectively contribute to alleviating the burden of environmental disease.