• Title, Summary, Keyword: The concerned parties of liability

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A concerned party of purification liability for soil pollution (토양오염에 대한 정화책임의 주체)

  • 조은래
    • Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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    • pp.53-56
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    • 1999
  • The concerned party of purification liability in a soil pollution is an owner or occupant of a contaminated site. But when we don't appoint the polluter or he can't do a cleanup, municipal put in effect the purification. In such a case, another parties who are related to the contamination ought to the liability. The province of responsible parties, therefore, is required to extend to an owner or operator of a facility, a carrier and lender

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The Liability on the Damage of Soil Pollution (토양오염의 피해에 대한 책임)

  • Cho, Eun-Rae
    • Journal of Soil and Groundwater Environment
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    • v.10 no.6
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    • pp.1-9
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    • 2005
  • Soil is polluted by an agricultural chemicals, the effluence of a crystal and sewage sludge, illegal discharging of waste water or waste matter and so on. Soil pollution that accompanies a groundwater and the crops contamination has a large effect on people's living. By polluters pay principle, when a soil was polluted, polluters take the responsibility of clean-up and compensation for damages. The character of the responsibility is a strict liability. When joint polluters exist in a soil pollution, they bear collective responsibility. But they are exempted from obligation in case of a natural calamity and war. The polluters who are poor contribution of pollution take a partition responsibility but it is not easy to prove that. The concerned parties of purification liability in a soil pollution are polluter, an owner or occupant of a contaminated site, and a grantee. But when we do not appoint the polluter or he cannot do a cleanup, municipal must put in effect the purification. In such a case, another parties who are related to the contamination should take upon themselves a liability. The province of responsible parties, therefore, is required to extend to an owner or operator of a facility, a carrier and lender.

Case Study on Driver's Liability in Cargo Transit

  • Kwak, Young-Arm
    • The Journal of Industrial Distribution & Business
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    • v.8 no.6
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    • pp.25-31
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    • 2017
  • Purpose - This study examines car accidents that occurred in South Korea territory, and analyzes criminal liability of the offender and certain issues of driver's insurance, but a civil liability to the injured is excluded as civil liability belongs to auto insurance. Research design, data, and methodology - With carrying out this research, case study of driver's liability and literature review were adopted throughout. For this, car accidents that occurred in South Korean territory were examined and then criminal liability of the offender and certain issues of driver's insurance were analyzed. Results - From this case study on driver's liability it was found that the offender cannot receive insurance money from the insurer irrespective of the valid drive insurance, if there is no 'bill of agreement of criminal consensus'. This study suggests some ideas, offers suggestions of convenience and assistance of qualified claim staff to overcome a hurdle of drive insurance. Conclusions - As long as the accident is not a fraud and scam by the parties concerned, advance payment of agreement of criminal consensus is required to the insured, the policy holder within the limit of liability of driver insurance, on condition that the drive insurance is valid.

Analysis of Current Situation and the Policy Implications on Small Market Building under 661㎡ (소규모 건축물시장 구조의 현황분석 및 정책 시사점)

  • Song, Sun-Young;Seo, Soo-Jeong
    • Journal of the Architectural Institute of Korea
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    • v.36 no.9
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    • pp.23-32
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    • 2020
  • This study is intended to understand the current situation of small market building and raise several problems with that. In spite of the increase in demand for small-scale construction, the relevant legal system is insufficient compared to large-scale construction projects. Even though some Acts on small-scale buildings were revised, they don't adequately reflect the condition of the market. Because the market has problems such as imbalance of labor supply and demand, unstable employment structure, lack of funds and poor sales, the businesses giving architectural services and doing construction work are mostly poor in their operation. To study the literature survey of the law in force and technical statistics were used and the Focus Group Interview(FGI) was conducted to supplement. In terms of the market structure, the market has problems of the uncertain practices in a contract with the parties concerned, the expedient method of the direct undertaking construction and illegal lease of license. Also with aspect of industrial structure the quality control in design and construction process is not properly performed and the warranty liability against defects is ambiguous. Therefore, based on these problems it is necessary to provide an institutional strategy and introduce new professional curriculum and build the information delivery system.

A Comparative Study on bank's responsibilities in the Electronic Payment System -comparison between Korea and U.S.A- (국제 전자결제시스템에서 금융기관의 책임 및 정책적 시사점 -한국과 미국의 전자금융제도 비교-)

  • Lee, Byeong-Ryul
    • International Commerce and Information Review
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    • v.12 no.1
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    • pp.35-54
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    • 2010
  • This article explored the bank's responsibilities in electronic payment system between Korea and U.S.A. In order to complete my research object, I used Article 4A of the U.C.C. and EFTA of 1978 and by Electronic Financial Transaction Act of Korea as a analytic instruments. I also adapted America's various regulations to regulate concerned parties(banks). The system of this article is going to display as fellows; First, I presented recent trend and legal stabilities of electronic payment in this article. Second, I focuses on the allocation of risk of loss caused by ambiguous term in payment orders that do not express the subjective intention of the senders. I also did analyze the solution procession of error occurring in course of send of payment order. Third, In any action which involves a customers's liability for an unauthorized electronic fund transfer, the burden of proof is upon the financial institution to show that the electronic fund transfer was authorized. Forth, Customers have to report the error and unauthorized electronic fund transfer after awaring of it. Then bank will be liable for such a unauthorized electronic fund transfer. But If customer's failure to report, the bank has exemptions. Lastly, In order to prevent or detect the unauthorized electronic fund transfer, bank will agree with custom to establish a commercially reasonable security procedure, while bank has duties to notify in order to decrease the loss resulted from unauthorized payment order in korea law.

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A Study on the Rights of Transport Terminal Operators;An Analysis of the Korean Supreme Court's Judgment of 27 April 2007, Case No. 2007Da4943 (항만터미널운영자의 권리에 관한 고찰;대법원 2007.4.27.선고 2007다4943 판결 평석)

  • Kim, Jin-Kwon
    • Journal of Navigation and Port Research
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    • v.32 no.1
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    • pp.97-102
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    • 2008
  • According to the trend of a large-sized vessel and a industrial carrier, the role of the independent contractors such as transport terminal operators, stevedores and warehousemen is increasing the base of cargo distribution that include the function of storage, warehousing, loading, unloading, trimming, dunnaging and lashing. But the common law doctrine of privity of contract has been a perennial source of difficulty for litigants seeking to enforce rights and obligations arising under a bill of lading contract. When carriage contract is negotiated, the concerned parties will be aware that some portion of obligations arising from the contract will be performed by the independent contractors engaged to carry out a particular function. It is reasonable for the independent contractors to be allowed the benefit of the carrier under the contract of carriage. As a part of the alleviating measures for the liability of independent contractors has been allowed various schemes, specially including 'Himalaya Clause'. Therefore, this study performed the validity of 'Himalaya Clause' by means of a recent judicial precedent by the Supreme Court and analyzed the rights of third parties, specially transport terminal operators, under the contract of carriage.

A Study on the Investigation and Analysis of Collisions at Sea (선박충돌사고의 원인조사 및 분석방법에 관한 연구)

  • 김상수;정재용;하원재;송두현;박진수
    • Journal of the Korean Institute of Navigation
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    • v.24 no.1
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    • pp.13-22
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    • 2000
  • The collisions at sea among marine casualties are not reduced as the tonnage and speed of ship's increase as well as the traffic quantity increase at sea, in spite of the improvement of nautical equipment, enforcement of crew's education and training as well as improvement of quality standard according to the implementation of ISM code. The measures to prevent the collisions at sea are simple, and are composed of six stage.: The first stage is that the officer on duty detect the target from his eye or radar information. The second stage is determining the type and kind of target-ship. The third stage is target tracking; calculation of target speed, course, CPA and TCPA from radar information or visual check. The fourth stage is determination of vessel in danger after calculation of third stage. The fifth stage is the judgement of situation if own ship is stand-on or give way vessel according to the 1972 COLREG. The last stage is to carry out proper action according to 1972 COLREG, under the circumstances. But by the case, the situations are so different under the different external conditions; for example, natural/navigational conditions, crew's human factors, ship's particular, rule or regulation, management system on board, the condition of watch keeping. Therefore the reasons and casualties are so complicated. This study aims to investigate the collision casualty at sea which needs to clarity all these causal factors of afore-mentioned, and to analyze the causes of problems so as to utilize them to establish the measures of preventing marine accidents. This study, described the concepts of causal factors into three groups; environmental factor, and company/on board management system and navigator's act. Also described how to investigate and analyzes the casual factors. Even though it was described in this paper how to detect the causal factors and reasons of collisions, and how to analyze the inter-relation of each causal factors, it is necessary to do further study how to analyze between the liability of concerned parties and the casual factors involved.

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A Study on the Cost Estimation in Case of Termination in the Building Construction Contract (건축공사 계약해지에 따른 비용산정에 관한 연구)

  • Lee, Ho-Il;Choi, In-Sung
    • Journal of the Korea Institute of Building Construction
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    • v.3 no.2
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    • pp.95-102
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    • 2003
  • Financial difficulties and claims frequently stop construction works and cause subsequent contract cancellations. However, as the criteria to assess costs have not been established, many cases of legal disputes over the assessment of cancellation costs are taking place and the concerned parties are suffering the loss of time and money. Therefore, the present research aimed at developing a rational and systematic model of cancellation cost assessment following the cancellation of contracts. The research was carried out in the following methods and scopes. 1 ) The research was focused on the assessment of fair cancellation costs from constructors' side for contracts cancelled by any causes for which the owners have liability. 2) To obtain basic materials about cancellation cost assessment methods, contracts, claims, contract cancellations and construction-related laws at home and abroad were examined. 3) A cost assessment model was developed for systematization and efficient operation of cancellation cost assessment, and the reliability and efficiency of the proposed model was verified through a case study. The conclusions drawn from the research are as follows. The importance of the cancellation cost assessment model was confirmed as, using the cancellation cost assessment model, direct cancellation cost and indirect cancellation cost could be assessed systematically, the number of disputable items could be reduced because reasonable evidences of actual spending were presented, and the loss of constructors could be minimized because systematic and rational cost assessment became possible for many disputable cases of indirect cancellation cost, which the constructors had been unable to prove so far though having spent.

Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.53-75
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    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

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Some Considerations on Aviation Insurance : With a focus on coverage of aviation insurance (항공보험에 대한 약간의 고찰 -항공보험의 담보범위를 중심으로)

  • Kim, Sun-Ihee;Jung, Da-Eun
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.43-77
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    • 2010
  • The development of the aviation industry has exponentially increased the volume of passengers and cargo and gradually expanded the damage scope of all kinds of accidents in the process of transportation. As a result, the need for aviation insurance has accordingly grown bigger and bigger every day. That is why most nations have a law to force mandatory insurance on the aviation industry. However, the Montreal Convention of 1999, which Korea also signed and today has the most extensive effect in the international civil aviation community, offers no clear interpretations about the coverage of aviation insurance along with the Air Transport Business Promotion Act of Korea. The advanced nations of air transport business such as EU, the U. S. A. and Canada prescribe the coverage of aviation insurance and have a law that makes it mandatory for all the passengers and third parties to cover air carrier's liability. EU requires them to include cargo and baggage in scope of coverage, and the U. S. A. and Canada recommend insuring by having a shipper receive a written notice containing information about whether the concerned cargo is insured or not. Making the scope of coverage of aviation insurance clear by law serves several purposes including diversifying risks for air transport companies, providing the victims with enough protection, observing the international accountability required in the air transport industry, and promoting the productive and sustainable growth of the aviation industry. Thus problems with Korea's aviation insurance should be resolved by clearly stating the coverage of aviation insurance that the Korean air carriers and operators need to insure according to the current state of Korea's air transport by consulting the legislations of the advanced nations in air transports. and enacting a law to comprehensively govern Korea's aviation insurance.

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