• Title, Summary, Keyword: 손해액

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공감365 평가원 논단 - 돼지 등급제도 변화에 따른 농가의 대응방안(상)

  • Kim, Gwan-Tae
    • KAPE Magazine
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    • pp.13-15
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    • 2011
  • 소비자가 원하는 고품질의 돼지고기를 생산하는 농가의 역할이 필요할 요즘, 특히 한 미, 한 EU FTA에 의한 연간 손해액이 1조원이 넘는다는 양돈자조금 연구용역 결과와 향상되지 않는 생산성(MSY) 등 어려운 양돈환경을 어떻게 극복할 것이냐가 관건이며, 그 방법은 다양할 것이다. 우선 생산성을 높이고 차후에 품질을 고급화하는 것도 방법일 것이고, 단기간에 생산성을 높이기 어려우면 살아남은 돼지만이라도 품질을 향상시켜 시장에 출하한다면 소비자의 관심도 높아지고 또한 소비도 안정적으로 이어질 것이다. 이에 10 11월호에 걸쳐 농가의 대응방안을 논하고자 한다.

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A Comparative Legal Study on the Damages in the International Sale Laws (국제물품매매에서 손해배상청구권에 관한 비교법적 고찰)

  • OH, yon-Sok
    • The Korean Research Institute of International Commerce and Law
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    • v.77
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    • pp.23-42
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    • 2018
  • This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

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Regression Models for Determining the Patent Royalty Rates using Infringement Damage Awards and Inter-Partes Review Cases (손해배상액과 무효심판 판례를 이용한 특허 로열티율 산정 회귀모형)

  • Yang, Dong Hong;Kang, Gunseog;Kim, Sung-Chul
    • The Journal of Society for e-Business Studies
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    • v.23 no.1
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    • pp.47-63
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    • 2018
  • This study suggested quantitative models to calculate a royalty rate as an important input factor of the relief from royalty method which has the characteristics of income approach method and market approach method that are generally used in the valuation of intangible assets. This study built a royalty rate regression model by referring to the patent infringement damages cases based on royalties, i.e., by using the royalty rates as a dependent variable and the patent indexes of the corresponding patent right as independent variables. Then, a logistic regression model was constructed by referring to inter-partes review cases of patent rights, i.e. by using not-unpatentable results as a dependent variable and the patent indexes of the corresponding patent right as independent variables. A final royalty rate was calculated by matching the royalty rate from the royalty rate regression model with a not-unpatentable probability from the logistic regression model. The suggested royalty rate was compared with the royalty rate obtained by the traditional methods to check its reliability.

Theoretical and Empirical Issues in Conducting an Economic Analysis of Damage in Price-Fixing Litigation: Application to a Transportation Fuel Market (담합관련 손해배상 소송의 경제분석에서 고려해야 할 이론 및 실증적 쟁점: 수송용 연료시장에의 적용)

  • Moon, Choon-Geol
    • Environmental and Resource Economics Review
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    • v.23 no.2
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    • pp.187-224
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    • 2014
  • We present key issues to consider in estimating damages from price-fixing cases and then apply the procedure addressing those issues to a transportation fuel market. Among the five methods of overcharge calculation, the regression analysis incorporating the yardstick method is the best. If the price equation relates the domestic price to the foreign price and the exchange rate as in the transportation fuel market, the functional form satisfying both logical consistency and modeling flexibility is the log-log functional form. If the data under analysis is of time series in nature, then the ARDL model should be the base model for each market and the regression analysis incorporating the yardstick method combines these ARDL equations to account for inter-market correlation and arrange constant terms and collusion-period dummies across component equations appropriately so as to identify the overcharge parameter. We propose a two-step test for the benchmarked market: (a) conduct market-by-market Spearman or Kendall test for randomness of the individual market price series first and (b) then conduct across-market Friedman test for homogeneity of the market price series. Statistical significance is the minimal requirement to establish the alleged proposition in the world of uncertainty. Between the sensitivity analysis and the model selection process for the best fitting model, the latter is far more important in the economic analysis of damage in price-fixing litigation. We applied our framework to a transportation fuel market and could not reject the null hypothesis of no overcharge.

A study on mandatory insurance for aircraft operators (항공보험 가입의무에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.169-197
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    • 2018
  • The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

A Comparison Study for the Pricing of Automobile Insurance Premium Based on Credibility (신뢰도에근거한자동차보험 가격산출비교)

  • Kim, Yeong-Hwa;Lee, Hyun-Soo
    • Communications for Statistical Applications and Methods
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    • v.17 no.5
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    • pp.713-724
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    • 2010
  • Calculating or estimating the proper insurance premium is very important decision making process for both the policyholder and the insurance company. The credibility theory is one of the most important theories in actuarial science to get the proper premium. In this research, we introduce the rule of relative exposure volume, the square root rule and the B$\ddot{u}$hlmann credibility, and estimate the new premiums based on these methods. By real data analysis, the accuracy of these credibility methods are compared.

Suggestions of Partial Credibilities for Proper Non-Life Insurance Premium (적정 손해보험료 산정을 위한 부분신뢰도 제안)

  • Kim, Myung Joon;Choi, Jung-Ah;Kim, Yeong-Hwa
    • The Korean Journal of Applied Statistics
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    • v.26 no.2
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    • pp.321-333
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    • 2013
  • Credibility theory is one of important theories in actuarial science to produce proper insurance premium. In this paper, new partial credibilities are proposed and introduced with widely accepted credibility theories such as rule of relative exposure volume, square root rule, B$\ddot{u}$hlmann credibility and B$\ddot{u}$hlmann-Straub credibility. Also, with credibilities estimated by current and newly suggested, the performance of the accuracy for estimating the risk is compared through real data analysis and we show that the newly suggested methods are improving the performance by reducing the error.

Improvement of CSVR used for Flood Damage Estimation based on Insurance Claim DB (침수피해액 추정을 위한 CSVR의 보험 Claim DB 기반 개선)

  • Baek, Chun Woo;Roh, Jin Yong;Lee, You Me;Park, Hong Gyu;Bae, Young Soo
    • Proceedings of the Korea Water Resources Association Conference
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    • pp.193-193
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    • 2019
  • 기후변화로 인한 거대 자연재해 발생의 위험이 지속적으로 증가하고 있으며, 국외의 경우 주요정부기관, 보험사 및 연구기관 중심으로 자연재해 피해예측 모델을 개발하여 사용하고 있다. 침수사고 인한 피해는 건물은 물론이고 가재도구, 재고자산, 기계시설 등의 내용물에서도 발생하며, 건축물 신축단가 등을 이용해 비교적 쉽게 자산가치를 산정할 수 있는 건물구조물과 다르게, 건물내용물의 자산가치는 시설물의 업종, 용도, 사용자 특성 등에 따라 변동성이 큰 특징이 있다. 내용물의 피해액 추정을 위해 자연재해 피해예측 모델은 건물 구조물과 내용물 가치의 비율인 CSVR(Contents to Structure Value Ratio)을 사용하며, CSVR은 시설물 용도에 따른 자산가치평가 통계를 이용해 산정할 수 있다. 충분한 자산가치평가 DB를 확보할 경우 CSVR의 정확도 확보가 가능할 것이며, 이를 위해 국내에서는 민간보험사의 재물보험 계약 4만여건의 건물, 내용물 보험가입금액을 행정안전부 도로명전자지도에서 분류하는 건물 용도에 따라 분석한 연구결과가 있다. 하지만, 일반적으로 보험가입단계에서 대략적으로 추정하는 보험가입금액과 실제 자산의 가치는 차이가 있을 수 있지만, 보험가입물건의 실제 자산가치는 일부만 DB화 되어 있는 단점이 있다. 본 연구에서는 사고 발생 후 작성되는 손해사정보고서에서 평가한 정확한 자산가치 DB를 수집하여, 보험가입금액을 기준으로 산정한 CSVR의 결과와 비교하였다. 손해사정보고서에서 평가한 실제 자산가치를 기준으로 분석한 CSVR과 보험가입금액을 기준으로 산정한 CSVR은, 업종에 따라 유사하거나 큰 차이를 보이는 경우도 있었으며, 침수로 인한 정확한 피해액 추정을 위해서는 보다 양질의 DB확보를 통한 CSVR의 정확도 확보가 필요한 것으로 분석되었다.

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A Study on the Precautions in light of practical affairs related to a claim for damages under the International Sale of Goods - Focusing on the CISG(1980) and PICC(2004) - (국제물품매매에서 손해배상과 관련한 실무상 유의점에 관한 연구 - CISG(1980)와 PICC(2004)를 중심으로 -)

  • Hwang, Ji-Hyeon;Choi, Young-Joo
    • The Korean Research Institute of International Commerce and Law
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    • v.55
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    • pp.155-181
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    • 2012
  • This study considered as precautions in light of practical affairs related to a claim for damages focusing on CISG (1980) and PICC (2004). Given summarizing contents of this study, those are as follows. First, when exercising a claim for damages, proving the damages may be difficult and hard. Thus, there is necessity for stating the liquidated damages clause in contract given conclusion of contract. Second, as for the application of interest rate given a claim for interest, CISG is not covered interest rate. PICC is covered interest rate. However, there is possibility that PICC will not be applied as general principles. Thus, to remove this insecurity and uncertainty, there is necessity for stating this in contract by deciding on the detailed standard stipulation after fully discussing about interest payment with the counterpart given sale contract. Third, when a seller delivered non-conformity of the goods for contract, a buyer is desirable to exercise by discreetly judging the exercise method or limitation element on a problem of selecting and exercising remedy favorable to oneself out of a claim for damages and a right to reduce the price. Finally, There was suggestion that the contract parties are desirable to utilize by modifying and supplementing properly this in line with own business-based necessity and situation based on the ICC Model International Sale Contract, and to state CISG and PICC the governing law clause, in preparing contract. This study is expected to possibly become guideline in which the damaged party exercises a claim for damages or aims to cope with the counterpart's exercising a claim for damages.

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Quantification Model Development of Human Accidents on External Construction Site by Applying Probabilistic Method (확률론적 기법을 활용한 건설현장 외부 인명피해 정량화 모델 개발)

  • Ha, Sun-Geun;Kim, Tae-Hui;Son, Ki-Young;Kim, Ji-Myong;Son, Seung-Hyun
    • Journal of the Korea Institute of Building Construction
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    • v.18 no.6
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    • pp.611-619
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    • 2018
  • The researches have only conducted regarding construction safety management and risk on interior construction site(workers) and is insufficient about the exterior construction site(third party). As a result, ordinary people who were near construction sites have injured and hold a negative view when they think about the construction industry because construction industry have been exposed to them having a high accidents rate through media. In addition, the importance of industrial disaster prevention is emphasized at this point in time, the overall safety management system should be constructed with considering construction site external(third human) for improving the negative image of the construction industry among ordinary people. Therefore, the objective of this study is to develop the quantification model of human accident utilizing the insurance claim payout occurred construction site exterior(third party). In the future, it can be used as a reference for developing the safety management checklist in construction site interior exterior and development for forecasting control system of human accident.