• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.34
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• pp.77-108
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• 2007

The traditional name given to the insurance of third party liabilities and certain contractual liabilities which arise in connection with the operation of ships is protection and indemnity(P & I) insurance. P & I insurance is very different from traditional hull and machinery insurance in that shipowners' hull and machinery insurance is designed primarily to protect the assured against losses to his vessel, whereas P & I insurance seeks to indemnify an shipowner in respect of the discharge of legal liabilities he has incurred in operating his own vessels. This study is to examine the background of establishment of British P & I clubs md, therefore, the identity of P & I insurance. The present British P & I clubs are the remote descendants of the many small and local hull mutual insurance clubs that were formed by British shipowners in the end of 18th century. At that time, British shipowners were dissatified with the state of marine insurance market and, therefore, established clubs together in mutual hull insurance clubs. After the removal of the company monopoly in 1824, greater competition had a good effect on the rates, terms of cover and service offered by the commercial marine insurance market and by Lloyd's underwriters, and the hull clubs became less necessary and went into decline. The burden of British shipowners on liabilities to third parties was steadily increased after the middle of the 19th century, but the amount insured under hull policy was limited in the insured value of the ship. Eventually, the first protection club, that is, the Shipowners' Mutual Protection Society was formed in 1855. It was designed to like past mutual hull clubs, but to cover liabilities for loss of life and personal injury and also the collision risks excluded from the current marine policies, particularly the excess above the limits in hull policies. In 1870, the risks of liability for loss of or damage to cargo carried on board the insured ship was first awarded by the British shipowners. After 1874, many protection clubs formed indemnity club to cover the risk of liability for loss or damage to cargo. As mentioned above, British P & I clubs have been steadily changed according to the response of shipowners under the rapidly changing law of British shipowners' liability, and so on in the future.

• Journal of Chest Surgery
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• v.39 no.2 s.259
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• pp.117-126
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• 2006

Background: The purpose of this study is to describe the characteristics of malpractice claims related to hemopneumothorax and to identify the causes and potential preventability of such claims. Material and Method: A retrospective study was performed by reviewing the records in the Lawnb website and Lx CD-rom: the records on closed malpractice claims involving hemopneumothorax were abstracted from the files available for analysis. The records were reviewed and were analysed to determine the etiology of hemopneumothorax, patient age, results of lawsuit and indemnity payment, underlying diseases, cause of death or complications, and the factors associated with a successful defense. Result: Seven closed claim involving hemopneumothorax were founded in the data for malpractice. Three claims were supreme court decision, one was a high court decision and three claims were district court decision. The most common cause of death was tension pneumothorax. Four of which resulted in indemnity payments. Conclusion: While malpractice claims involving hemopneumothorax were uncommon, they resulted in a high rate and amount of indemnity payments. Claims are more common in pediatric patients. In case of iatrogenic hemopneumothorax, post-procedural X-ray can improve patient outcome and is also associated with decreased indemnity risks. Informed consent is also important.

• Korean Business Review
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• v.11
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• pp.415-437
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• 1998

On choosing insurance terms it would be a reasonable choice to choose insurance terms in proportion to how much risk is to be with considering of how much risk is exactly to be in a cargo's owner of his or hers as there are conditions such as a character of cargo, a packing condition, a loading ship, a shipping section, and a premium. But when we see on the present state of the statistical insurance table, the effects are entirely different from it stated above and these serious problems are of both the problem to prove who is on duty and the problem to cover how much the indemnity are to be. When we see a shipper as the insured, in the last 3 years that all risks has been more than 95 percent is to prove the reason mentioned above and there would be an intention for the shipper to transfer a claim for the indemnity to the insurer to evade from the complexity. Also when we see how much both I.C.C and New I.C.C is used, New I.C.C has been used less two times than I.C.C, that is due to the restriction of the scale of covering the indemnity. So both the introduction of trade clause as to insured in the same line of business and the positive application, taking into account of the principle of proving who is on duty and the scale of covering the indemnity, are to be accomplished.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.49-50
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• 2007

선박의 대형화 및 해상사업의 기업화 등에 따라 해상운송에 있어 화물의 하역, 보관 등의 전문적인 부분을 담당하고 있는 항만하역업자, 항만터미널운영자, 창고업자 동 독립계약자의 역할은 점점 증대되어 가고 있는 추세이다. 하지만 국제해상운송은 해상운송인과 화주를 중심으로 체결한 운송계약을 중심으로 이루어져 왔으므로, 영국 보통법상의 직접계약관계의 원칙에 의해 계약당사자가 아닌 자는 계약상의 이익을 원용할 수 없다는 입장을 유지하여 왔다 이에 대해 이를 완화하고자 하는 다양한 방안이 적용되고 있으며, '히말라야약관'도 그러한 방안중의 하나이다. 본 논문은 최근 대법원판결을 통해 우리나라 법원의 히말라야약관의 유효성 인정에 대한 내용을 재검토해 본다.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2006.11a
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• pp.268-270
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• 2006

The purpose of this paper was to explore delay avoiding measures and strategies. The paper was based on previous work of authors on finding delay causes. Firstly, the paper has discussed about delay avoidance measures prescribed by the previous work. As the previous study identified five main causes of construction delays, various measures and strategies to overcome those delay problems have been discussed in sequence in the last sections. Major delay prevention strategies are: involving stakeholders in the project decisions, outreach program, realistic time and resource estimation, try to adjust the triple constraints of time, cost and scope, ensure fair and complete disclosure of information at an early stage of the construction project, contractor, itself should inquire about patent design errors prior to submitting its bid, owner should include in its contract with the consultant an indemnity (protection) clause etc.

• Journal of the Korea Institute of Building Construction
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• v.13 no.2
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• pp.102-111
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• 2013

During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

• Proceedings of the KSR Conference
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• 2008.06a
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• pp.1-9
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• 2008

A few of new and large cities have been developed and developing at some areas surrounding Seoul, a capital city of Korea. Thus, commuters from new city to downtown are considerably increasing and the present network of road and railway will be short of transportation capacities. A special problem is that new cities are far from downtown than pre-existing new cities and the entering to downtown is required to a considerable time and cost. Therefore, a new conceptional transportation system has to be substitute with old-fashioned road and railway. This paper presents the feasibility of the deep & high-speed nonstop railway which is able to access to the downtown with ease and fast from new city. If the railway is located under deep position, indemnity cost of land will be notably down. If the railway runs with high speed and has a nonstop concept, the access time to downtown will be remarkably short.

• Journal of the Korean Institute of Navigation
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• v.18 no.2
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• pp.111-127
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• 1994

A Contract of marine insurance is a contract whereby the insurer undertakes to indemnity the assurd, in manner and to the extent thereby agreed, against marine losses that is to say, the losses incident to marine adventure. But the matter is that whether the problem of increased risk in insurance law should be understood by matching to nay state under general principle of contract law and whether that we should give any effect is more proper to the original object of the system. For this, it is understood that it is a case to be applied a "clausula rebus sic stantibus" in general today, but it is regarded as the matter that whether "clausula rebus sic stantibs" is charging any position in change of risk and whether we should understood the concept of the risk on the substance of the risk. Accordingly the recognition for the problem like this, study should examine closely into whether any system for the effect of increase in change of risk is more proper and rational system provide the supplementing points through our principle of insurance law and the study by comparing method.by comparing method.

• The Korean Journal of Emergency Medical Services
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• v.13 no.1
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• pp.19-33
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• 2009

Purpose : To check the legal relation between rescue team and patient as well as legal responsibility for patient's damage intentionally or erroneously caused by rescue member, a public official, in the performance of relevant job ; to prevent legal dispute over rescue team and to present program for fair settlement of dispute and equitable and feasible burden of damage. Method : First, the legal principle of Civil Law, Criminal Law and Administrative Law related to the theme of this research will be investigated around research by literature. Second, the case of dispute related to rescue team will be introduced. Result: 1. If 119 rescue members as a public official intentionally or erroneously cause damage to patient in the performance of job, they shall bear civil, criminal and administrative responsibility. They shall bear civil responsibility for indemnity for damage due to default or tort. The typical criminal responsibility includes accidental homicide arising out of duty, preparing falsified official document, dereliction of duty, etc. In the administrative side, the state is responsible for indemnity for peculiar status of the rescue member, public official. 2. Though raising civil petition or legal dispute over unsatisfactory rescue service may be reasonable to guarantee the right of nation, such action may cause stress to rescue member as well as may lead to mental shrinking and defensive attitude only to take the basic first aid treatment which has low possibility of mistake instead of active first aid treatment so as to avoid legal responsibility. 3. The program that may prevent legal dispute over 119 rescue team includes expansion of manpower specialized in first aid treatment, enhancement of education on legal environment, development and application of standard job guideline, formation of mutual trust with patient, detailed explanation, preparing and keeping minute record, improvement of the rescue members' ability of first aid treatment and development of medical instruction mode. Conclusion : The best policy is to prevent legal dispute. If it is impossible to basically exclude the possibility of dispute, however, we need to make effort to minimize the occurrence, settle fairly and divide damage equitably and feasibly. To improve the preventible death rate of our first aid system to the level of advanced country, 119 rescue team which is in charge of the stage before hospital needs to positively enforce special first aid by improving the qualitative level of rescue service and to strive to prevent legal dispute that may occur in the process.

• The Korean Journal of Applied Statistics
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• v.30 no.3
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• pp.363-376
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• 2017

The insurance market is saturated and its growth engine is exhausted; consequently, the insurance industry is now in a low growth period with insurance companies that face a fierce competitive environment. In such a situation, it will be an important issue to find the probability distributions that can explain the flow of insurance claims, which are the basis of the actuarial calculation of the insurance product. Insurance claims are generally known to be well fitted by lognormal distributions or Pareto distributions biased to the left with a thick tail. In recent years, skew normal distributions or skew t distributions have been considered reasonable distributions for describing insurance claims. Cooray and Ananda (2005) proposed a composite lognormal-Pareto distribution that has the advantages of both lognormal and Pareto distributions and they also showed the composite distribution has a higher fitness than single distributions. In this paper, we introduce new composite distributions based on skew normal distributions or skew t distributions and apply them to Danish fire insurance claim data and US indemnity loss data to compare their performance with the other composite distributions and single distributions.