• 무역상무연구
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• 제44권
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• pp.111-180
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• 2009

According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

• Journal of Korea Trade
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• 제25권2호
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• pp.152-177
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• 2021

Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

• Journal of the Korean Data and Information Science Society
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• 제20권6호
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• pp.999-1007
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• 2009

본 논문에서는 무료수리보증이 종료된 이후의 최적의 주기적 예방보전정책을 고려한다. 이를 위해서 Wu와 Clements-Croome (2005) 그리고 Jung (2006b)이 제안한 확률적 보전효과를 갖는 두 종류의 예방보전모형을 가정하고자 한다. 이 때, 시스템이 가동되는 동안에 사용자가 지불해야 할 비용이 주어져 있을 때, 단위시간당 기대비용을 유도한다. 그리고 이렇게 구해진 단위시간당 기대비용을 최소화하는 최적의 예방보전 횟수와 예방보전 주기를 결정한다. 끝으로 수치적 예를 통해서 제안된 예방보전정책을 자세히 설명한다.

• 대한안전경영과학회지
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• 제16권3호
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• pp.307-316
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• 2014

In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.

• 한국품질경영학회:학술대회논문집
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• 한국품질경영학회 1998년도 The 12th Asia Quality Management Symposium* Total Quality Management for Restoring Competitiveness
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• pp.544-555
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• 1998

Although the bimodal mixed weibull distribution is used to developing burn-in model widely, the failure times for a component or a system is often truncated at some time, T, due to the obsolescence in the electronics industry. In this paper, we will determine minimum total cost and burn-in time by using the bimodal mixed weibull distribution and the truncated bimodal mixed weibull distribution under the free warranty policy. The results of this study are summarized as follows. First, when products or system is not repairable, the width of the change of burn-in time can be larger by ${\beta}_1,\;{\beta}_2$ Second, if burn-in time become longer, it will be impossible to consider the bum-in in a long time, and in this case, the burn-in time should be shorten by the acceleration burn-in. Third, in case that opportunity loss cost or repair cost is exceed the warranty cost, or the total cost of considering burn-in is larger than that of not considering burn-in, it is not existed burn-in time which makes total cost to minimize. Forth, the shorter life-cycle of product, the more burn-in times will be decreased and the cost in considering burn-in will be increased

• 한국신뢰성학회지:신뢰성응용연구
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• 제16권3호
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• pp.257-262
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• 2016

Recently, the subject of reliability attracts a great deal of domestic and international attentions and the extensive research activities are being conducted as well. Such trend exists mainly due to the fact that the research on the subject of reliability not only contributes to the theoretical developments, but also may find a wide range of applications in practice over several fields. In particular, the research regarding the maintenance policy incorporating certain types of warranty for repairable system and its application is being performed extensively by many researchers, and their efforts seem more concentrated on developing new maintenance policies which minimize the expected operating cost incurred for replacement and repair of the system, while keeping the system at high reliability. Effective maintenance policy may reduce the operating cost and decrease the downtime of the system during its mission period and consequently, increase the productivity of the system. In this article, the major areas of interest in the field of reliability and its historic perspectives are given briefly and the theoretical aspects in several fields of reliability including the maintenance and warranty policies is also discussed. Furthermore, the current domestic situation regarding the education and research on reliability is presented, along with the importance of reliability theory and the difficulty of training reliability personnel. Finally, the author's opinion for effective education system is proposed.

• 한국항공운항학회지
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• 제12권3호
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• pp.41-63
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• 2004

The area covered by product liability in broadest sense is so vast that an attempt to analyse all its impact on the aviation world risk. Every effort has been made to confine our review of subject a closely as possible to its influence on aircraft manufacturers, airlines and passengers, in spite of strong connections with other spheres of commercial. Product Liability in aviation is the liability of aircraft's manufacturer, processor or non-manufacturing seller for injury to the person or property of a buyer or third party caused by a product which has been sold. Here-in a product is aircraft, third party is passengers who suffered damage by defective design, defective construction, inadequate instructions for handling in aircraft. Whenever a product turns out to be defective after it has been sold, there are under Anglo-American law three remedies available against the aircraft's manufacturer (1) liability for negligence (2) breach of warranty (3) strict liability in tort. There are Under continental law Three remedies available against the aircraft's manufacturer (1) liability for defective warranty (2) liability for non-fulfillment of obligation (3) liability in tort. It is worth pointing out here an action for breach of warranty or for defective warranty, for non-fulfillment of obligation is available only to direct purchaser on the basis of his contract with the aircraft's manufacturer, which of course weakness its range and effectiveness. An action for tort offers the advantage of being available also to third parties who have acquired the defective product at a later stage. In tort, obligations are constituted not only by contract, but also by stature and common law. In conclusion, There in no difference in principle of law. In conclusion I would like to make few suggestions regarding the product liability for aircraft's manufacturer. Firstly, current general product liability code does not specify whether government offices(e.g. FAA) inspector conducted the inspection and auditory certificate can qualify as conclusive legal evidence. These need to be clarified. Secondly, because Korea is gaining potential of becoming aircraft's manufacturer through co-manufacturing and subcontracting-manufacturing with the US and independent production, there needs legislation that can harmonize the protection of both aircraft's manufacturers and their injured parties. Since Korea is in primary stage of aviation industry, considerate policy cannot be overlooked for its protection and promotion. Thirdly, because aircraft manufacturers are risking restitution like air-carriers whose scope of restitution have widened to strict and unlimited liability, there needs importation of mandatory liability insurance and national warranty into the product liability for aircraft's manufacturers. Fourthly, there needs domestic legislation of air transportation law that clearly regulates overall legal relationship in air transportation such as carrier & aircraft manufacturer's liability, and aviation insurance.

• 한국환경보건학회:학술대회논문집
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• 한국환경보건학회 2005년도 Proceedings of KSEH.Minamata Forum
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• pp.45-48
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• 2005

In 2005, the KMOE and an advisory members for environmental health policy are exploring new environmental policy directions in the 21st century by suggesting a 10-year plan of environmental health policy with its specific goals, grounded on four basic principles: preemptive environmental control instead of post hoc facto control of environmental contaminants or discharged substances, receptor-centered approach, priority on protection of the people vulnerable and sensitive to environmental contamination, and warranty of citizens' rights to be engaged and informed. Such new policy challenges in the area of environmental health, which must be significant of important policy shift for environmental health in the 21t century, is expected to conduct to improvement of environmental health in Korea and Northeast Asian Regions as well.

• 한국신뢰성학회:학술대회논문집
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• 한국신뢰성학회 2002년도 정기학술대회
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• pp.273-273
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• 2002

In this paper, we investigate a software release policy with software reliability growth factor during the warranty period by assuming that the software reliability growth is assumed to occur after the testing phase with probability p and the software reliability growth is not assumed to occur after the testing phase with probability 1-p. The optimal release policy to minimize the expected total software cost is discussed. Numerical examples are shown to illustrate the results of the optimal policy. And we consider a Bayesian decision theoretic approach to determine an optimal software release policy. This approach enables us to update our uncertainty when determining optimal software release time, When the failure time is Weibull distribution with uncertain parameters, a bayesian approach is established. Finally, numerical examples are presented for illustrative propose.

• 한국신뢰성학회지:신뢰성응용연구
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• 제10권4호
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• pp.251-263
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• 2010

Modelling for failures is important for reliability analysis since failures of products such as automobiles occur as both time and usage progress and the results from the proper analysis of the two-dimensional data can be used for establishing warranty assurance policy. Hence, in this paper general issues which concern modelling failures are discussed, and both one-dimensional approaches and two-dimensional approaches to two-dimensional data are investigated. Finally non-parametric approaches to two-dimensional data are presented as a means of exploratory data analyses.