• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.137-165
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• 2001

The study on the duration of risk in the marine insurance has been paid a great attention because the marine insurance has to provide several indemnity conditions including the one to be compensated the loss when the accident happens. The research examines as to how the duration of risk has been extended from the beginning period to now. The results show the duration of risk has been continually extended in terms of place and time by a dramatic change of environment related to the marine insurance including marine transportation, a variety of goods, development of marine communication, many different trading conditions, etc, and requirement of the assured. The validity of the duration of risk is effected when the ship leaves at the port and is terminated when the ship arrives at the final destination. It in the Lloyd's age has been started when the products was charged to the ship and terminated when the one was safely discharged to the destination. Recently, the duration of risk in England Marine Insurance attaches from the time the goods leave the warehouse or place of storage at the placed named for the commencement of the transit, continues during the ordinary course of transit and terminates on delivery to the consignees or other final warehouse or place of storage at the destination named. Further research on the extension of the duration of risk must be conducted according to the being large scale of the ship and goods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.71-94
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• 2015

The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.285-304
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• 2018

With the development of market economy, it has been a legislative trend to establish a system for vicarious liability of employers. China also established Tort Liability Law of People's Republic of China in 2009 and ruled responsibility of the employers for the acts for their employees through Art. 35. First, the employer's right to indemnity to an employee should be recognized, because employer's superintendence is much weak and economic power is similar between them. Second, an employer should take a responsibility for an unpaid employee as vicarious liability, because the Law did not exclude them from employees. Lastly, in case the Law conflicts with Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in Trying Cases Involving Compensation for Personal Damage, the Law should be regarded it has priority based on several related Principles. Regarding these matters, this study guides you to an analysis of vicarious liability of employers in China, benefits with a view to the perfection of the vicarious liability regime.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.267-301
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• 2005

Following the increased economic corporations between the South and North Korea, many companies participate the corporation program. They needs insurance policy as a scheme for the transfer of risk from those individual company to it to an insurer. This paper review the possibility of the North Korea insurance authorities and research the origin, history, structure and context of the North Korea insurance law. The North Korea Insurance law differ from the South Korea and China's. North Korea Insurance authority has not capability of doing insurance business both side of underwriting and indemnity. Partly, it caused the uncertainty, insufficient and vague of the insurance law. The writer conclude that the North Korea insurance law faced to the needs of modernization. Especially, the Gyesung Industrial Complex Insurance Regulation couldn't cover the investor and company's risk because it is not based on the nature and basic principles of insurance.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.81-107
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• 2014

ADR has recently been expanded, making it possible to solve traffic accident disputes, which is a matter of urgency for parties to avoid. This point serves as an important procedural element. Such disputes are an area that requires a quick resolution. To try to solve any dispute that occurs in the complex environment of modern times one-by-one through litigation does not make sense. It gives an undue burden on the judicial body and the investigation agency. Like litigation, today's arbitration system, should have effective conflict resolution. The arbitration of automobile traffic accident disputes can be seen as roughly adjusted through the insurance company, the Dispute Coordinating Committee, and the Crime Victims Protection Act. It consists of experts mainly, and the resolution of automobile traffic accident disputes can be resolved through the Sajonsa and workers insurance company. However, adjustments to failure incident mostly need attention. Most of a company's compensation insurance indemnity needs to be processed in practice. In addition, a vicious cycle of litigation and delay period is repeated if a lawyer is appointed. There are unreasonable adjustment systems in the midst of these. Avoiding traffic accidents allows parties to resolve disputes better. Arbitration of disputes in automobile traffic accidents handled by arbitration institutions is desirable. It is determined that the handling of a case by a village attorney is efficient.

• Journal of the Korean Institute of Navigation
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• v.5 no.1
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• pp.1-23
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• 1981

As far as transportation problems are concerned, the minimization of transportation cost is the most prevailing object. But in some cases, the cargo delivery time is the utter problem rather than the cost. For instance, we may imagine the case that the delivery of the construction materials is delayed behind the schedule and this makes the construction cost increased because of idle time of other materials and man power, in addition to the indemnity. Therefore the allocation of ships, in marine transportation which is now the main route of overseas trade, to the needed area on the required time is to be appropriately performed. However, there are several restrictions for cargo delivery to meet the demand, such as ship's size, number to be employed and cargo handling capacity of the ports, etc. And there are some other factors to be considered, that is, the degree of necessities of commodities, on their kinds, amount, and the time of arrival, etc. This paper deals with the problem of optimum allocation of ships emphasizing the cargo delivery time adopting Linear Programming technique with those cargo delivery restrictions and factors transformed by introducing the multi-speed conception, the conversion of multi-commodity to a single commodity, allowable delivery time, weight penalty number and nominating priority. This paper presents a case of optimum allocation of ships in the light of cargo delivery time for a construction company which has two different construction places and analyzes the result. This study will give a planner a good tool for optimum planning of maring transportation and be used for decision of schemes.

• Journal of Korea Society of Digital Industry and Information Management
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• v.12 no.1
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• pp.35-41
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• 2016

Internet of Things (IoT) services are widely used in appliances of daily life and industries. IoT services also provide various conveniences to users and are expected to affect value added of all industries and national competitiveness. However, a variety of security threats are increased in IoT environments and lowers reliability of IoT devices and services that make some obstacles for commercialization. The attacks arising in IoT environments are making industrial and normal life accidents unlike existing information leak and monetary damages, and can expand damage scale of leakage of personal information and privacy more than existing them. To solve these problems, we design a session key based access control scheme for secure communications in IoT environments. The proposed scheme reinforces message security by generating session key between device and access control network system. We analyzed the stability of the proposed access scheme in terms of data forgery and corruption, unauthorized access, information disclosure, privacy violations, and denial of service attacks. And we also evaluated the proposed scheme in terms of permission settings, privacy indemnity, data confidentiality and integrity, authentication, and access control.

• Journal of radiological science and technology
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• v.18 no.2
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• pp.103-117
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• 1995

Recently the suits for medical malpractice are gradually increasing in this country. The main purpose of this study is to excavate the most suitable theories about civil liabilities on medical malpractice by radiological technologist. To solve the above-mentioned problems in medical malpractice, I have proceeded to make a survey of traditional theories and tried to exvacate the most suitable theories for our medical circumstances among those theories. Both domestic and foreign relevant professional literatures and legal cases were investigated in this study. Several important findings of this study are as follows. First, the nature of legal interrelationship between radiological technologist and physician(or the representative of a hospital) is to define the content of employment. But in the eye of medical law, the interrelationship between radiological technologist and physician is written that radiological technologist should be directed by physician. Second, the nature of legal interrlationship between patient and physician(or the representative of a hospital) is to define the content of legal obligation of physician(or the representative of a hospital), and radiological technoligst execute his obligation as proxy for physician. Therefore, patient can not clame any legal right to radiological technologist. Third, radiological technologist has the obligation of Due Care in medical practice. Fourth, on the medical malpractice by radiological technologist the civil liability can be treated as either tortious liability or contractual liability, and physician(or the representative of hospital) take the responsibility for the damage compensation. In this case, physician has the right of indemnity to radiological technologist. But it should be dinied or extremely limited.

• Journal of the Korea Safety Management & Science
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• v.9 no.6
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• pp.19-29
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• 2007

According to industrial disaster statistics by the Ministry of Labor in 2006, out of 11,688,797 people working at 1,292,696 business places that apply Industrial Disaster Indemnity Act, 89,910 workers were involved in an accident that more than 4 days of medical treatment requires. Among this figure 2,453 people lost their precious lives. "89,910 industrial disaster victims per annum" is showing the safety level of our industrial situation. To prevent such industrial disaster, the most typical and distinctive method is Accident-free Campaign. At the beginning, the movement arose with devotion through out the entire industry. But, the heartbreaking fact is that the fever is getting cool gown as times goes by. Therefore, opportunity for revitalization of this movement is required. The movement should be practically supporting principle of respect for human life and dignity. And it should be established with analysis on industrial disaster and systematize Accident-free Campaign totally in connected research.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.113-137
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• 2014

For a contract of insurance to be valid, the insured needs to have an insurable interest. This means that someone taking out insurance must stand to gain a benefit from the preservation of the subject matter of the insurance or to suffer a disadvantage should it be lost. Although the principle is simple, the detail is difficult. English Law Commission proposed some changes to provide certainty on the rule of insurable interest in LCCP 201. This article is, therefore, designed to examine the proposals for reforming trends in English insurance contract law. The proposals on Law Commission in summarized as following. First, LC proposed to retain the requirement for insurable interest because it was thought to fulfil four useful functions. Secondly, LC proposes to repeal the Marine Insurance Act 1788 and the Marine Insurance (Gambling Policies) Act 1909 to confirm that the requirement of insurable interest applies to all forms of insurance. Thirdly, LC proposes to retain the provisions on insurable interest in the Marine Insurance Act 1906. Finally, LC proposes to define insurable interest and thinks that full definition of insurable interest should remain flexible.