• Title, Summary, Keyword: 손해배상책임

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A Study on the Liability for Damage caused by Space Activity - With reference to Relevant Cases - (우주활동에 의하여 발생한 손해배상책임에 관한 연구 - 관련 사례를 중심으로 -)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.177-213
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    • 2011
  • The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

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A Study of the Legal Principles of the Obligation to Compensate for Damage by Unfair Labeling and Advertising Focusing on the Qualitative Analyses of Supreme Court Precedents (부당한 표시·광고의 손해 배상 책임의 법리에 관한 연구: 대법원 판례에 대한 질적 내용 분석)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.180-185
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    • 2018
  • The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

A Study on the Problems and Resolutions of Provisions in Korean Commercial Law related to the Aircraft Operator's Liability of Compensation for Damages to the Third Party (항공기운항자의 지상 제3자 손해배상책임에 관한 상법 항공운송편 규정의 문제점 및 개선방안)

  • Kim, Ji-Hoon
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.3-54
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    • 2014
  • The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.

A Study on the Legislative System of Air Carrier's Liability in case of Delay of Passengers or Baggage (여객 및 수하물의 연착으로 인한 항공운송인의 손해배상책임제도에 관한 연구)

  • Kim, Ji-Hoon
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.107-142
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    • 2012
  • An aircraft has been one of the most important transportation means and disputes due to damage caused by delay of the aircraft happen many times out of ones related to the air transport. In 2011, the Air Transport Act in Commercial Law was established to regulate national air transport and the legislative system of air carrier's liability to handle delay of passengers or baggage was legislated here. Although there are some clauses related to the legislative system of air carrier's liability, they are very important because they deal with disputes due to damage caused by delay of the aircraft. The Air Transport Act in Commercial Law has a good point of adopting the global standard of 1999 Montreal Convention, but it has also a bad point of having the problems of 1999 Montreal Convention. There are some contents to be modified in the Air Transport Act in Commercial Law. First, the definition of 'Delay of Aircraft' needs to be enacted because it is important to materialize air carrier's liability due to damage caused by delay. Second, it is necessary to modify the clause in which air carrier's liability due to damage caused by delay of passengers is divided into two things, one is in case of national air transport and the other is in case of international air transport, and the limited amount of air carrier's liability in national air transport is eight times less than the latter because they are not so helpful to air carriers but too disadvantageous to aircraft passengers. Third, it is also necessary to amend the clause in which the limited amount of air carrier's liability due to damage caused by loss damage or delay of baggage has been legislated same without classifying the case into loss damage and delay, because they are generally different from each other in terms of extent of damage, therefore the limited amount of air carrier's liability by delay of baggage should be classified into in case of loss damage and in case of delay. It is desired that the Air Transport Act in Commercial Law including the clauses related to air carrier's liability by aircraft damage be developed continually by sufficient study and discussion about the necessity of amending it such as the one mentioned above.

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A Study on Limiting Director's Liability (주식회사의 이사의 책임완화제도에 대한 연구)

  • Kwon, Sang-Ro
    • Proceedings of the Korea Contents Association Conference
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    • pp.169-170
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    • 2017
  • 우리나라의 이사의 책임은 엄격하다. 따라서 이사가 막대한 손해배상책임에 직면하게 될 수도 있다는 불안감 때문에 이사 취임을 꺼리게 된다. 그로 인하여 회사는 유능한 경영인 영입에 어려움이 따르고 이사의 경영활동이 위축될 수 있다. 이러한 문제를 해결하기 위해서는 이사의 책임을 완화시킬 수 있는 독일의 입법례처럼 경영판단의 원칙을 법제화할 필요가 있으며 임원배상책임보험을 활성화 하여야 한다.

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A Study on the Improvement of Compensation Regime for Oil Pollution Accident in Korea (유류오염사고 피해보상제도 개선방향에 관한 연구)

  • Na, Eun-Young
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.12 no.2
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    • pp.104-110
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    • 2009
  • This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

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Rational Allocation of Liability for Damages in Personal Information Infringement by Third Party (제3자의 행위에 의한 개인정보침해사고로 발생한 손해배상책임의 합리적 배분)

  • Yoo, Beeyong;Kwon, Hunyeong
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.231-242
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    • 2020
  • In the case of damages caused by personal information infringement accidents caused by information infringer such as hackers, the information subject will usually claim damages to the information controller rather than the information infringer who is the perpetrator, and the information controller who has been claimed will claim damages again to the information security enterprise that has entrusted the information protection business. These series of claims for damages, which are expected to be carried out between the information subject, the information controller and the information security enterprise, are nothing but quarrels for transferring of liability among themselves who are also victims of infringement. So the problem of damage compensation should be discussed from the perspective of multi-faceted rational distribution of the damages among the subjects who make up the information security industry ecosystem rather than the conventional approach. In addition, due to the nature of personal information infringement accidents, if a large amount of personal information infringement occurs, the amount of compensation can be large enough to affect the survival of the company and so this study insist that a concrete and realistic alternatives for society to share damages is needed.

A Study on the Liability for Damages of Air Carriers (항공운송인의 손해배상책임에 관한 연구)

  • Park, Jong-Ryeol
    • Proceedings of the Korean Society of Computer Information Conference
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    • pp.95-98
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    • 2020
  • 4차 산업혁명과 더불어 급격하게 성장하고 있는 우리나라 항공운송산업은 다른 교통 및 운송수단에 비교하였을 때 항공운송이 갖는 고유한 특성인 안전성, 경제성, 국제성 등의 장점으로 인하여 꾸준히 성장을 거듭하고 있는 것이 사실이다. 하지만 이러한 성장과정 속에서 우리가 예상 할 수 없이 갑작스럽게 벌어지는 항공기 엔진 결함으로 지연 및 항공기 추락사고 등으로 발생되는 법률적인 분쟁도 지속적으로 증가해 가는 것도 틀림이 없다. 한편 그동안 항공사고를 둘러싼 인명피해나 재산상 손해에 대한 법률적인 분쟁에 있어서 국제항공운송과 관련해서는 국제조약으로 국내항공운송은 각 항공사가 제시한 항공운송약관 및 민법, 상법 등으로 해결을 해왔었다. 따라서 본 연구에서는 항공기사고와 관련한 항공운송인의 손해배상책임에 대한 쟁점사항을 살펴보고 그에 대한 합당한 개선방안을 적시하고자함이 본 연구의 목적이다.

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실화책임법과 재보험에서의 배상책임

  • Baek, Dong-Hyeon;Go, Eun-Ae;Sin, Seung-Cheol;Son, Jong-Hyeon
    • Proceedings of the Korea Institute of Fire Science and Engineering Conference
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    • pp.187-188
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    • 2013
  • 실화책임법에 의하면, 화재 발생 시 실화자는 중대한 과실이 아닌 경우 경제적요건, 화재원인 등에 따라 손해배상액의 경감을 청구할 수 있다. 손해배상액의 경감의 여부는 실화피해자의 화재복구에 영향을 끼치게 된다. 화재발생 시 실화자가 손해배상경감청구에 책임을 입증하여야한다. 그리고 실화피해자의 원활한 화재복구를 위해 실화자의 화재보험가입의 의무와 계약자의 안전한 보호 및 보험사의 책임 일부를 분산하는 제도인 재보험의 선택적 가입을 규정하고자 한다.

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