• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2006년도 International Symposium on GPS/GNSS Vol.2
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• pp.77-82
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• 2006

Integrity plays a fundamental role in the feasibility of 'liability critical' applications. Road charging, e.g. road tolling in urban zones or on highways, represents a series of liability critical applications where a guarantee in integrity could be a true enabler: being the mechanism that prevents the incorrect charging of users and enabling the advancement of these applications using GNSS such as Galileo and EGNOS that provide integrity mechanisms. However, the integrity of the end user position is not guaranteed by the EGNOS and Galileo integrity services alone as provided. Algorithms have been developed to supply a guarantee on the performance attainable at the user level through the provision of a horizontal protection level that responds to local user conditions such as multipath or interference. In addition, an application has been developed that implements road charging mechanisms based on the availability of user-level integrity. Results obtained show that the user-level integrity algorithms provided the required level of integrity guarantee and granularity of the horizontal protection levels necessary for executing urban and rural (highway) road charging. In addition, the road charging application developed shows that the current application domain requirements can be met through the provision of guaranteed integrity and that further reductions in the horizontal protection levels along with increased signal availability will enable future road charging modalities.

• 무역상무연구
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• 제69권
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• pp.327-348
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• 2016

Under the Korean legal system, as an actual carrier is not the contractual party to the contract for carriage of goods by sea, it has been tortiously liable for the damage to, or loss of cargo, should there be the negligence by its part. However, the Rotterdam Rules introduces a revolutionary liability regime for the actual carrier. According to the Rotterdam Rules, the liability of the actual carrier is same with that of a contractual carrier with the result that a shipper is entitled to bring the direct action to the actual carrier, as well as the contractual carrier on the same basis. Nevertheless, it is expected to take long time for the new approach in respect of actual carrier's liability to be confirmed by many countries, and furthermore most of shipping countries including Korea still adopt the Hague-Vis by Rules where the shipper is not allowed to bring the direct action to the actual carrier. This study reviews on whether or not the alteration of actual carrier's liability based on Rotterdam Rules would be reasonable, considering the current Korean legal system. Furthermore, this study, whilst recognizing that the overall introduction of the new liability regime is somewhat premature, suggests the imposition of contractual liability to the actual carrier from a long-term perspective. Having in mind that the article 809 of the Korean Commercial Act allows the shipper to bring the direct action to the shipowner only in the case that a time charterer is the contractual carrier, this study explores a method to apply the contractual liability to the actual carrier in the case that a slot charterer or freight forwarder is the contractual carrier, in order to establish the uniform liability system.

• 항공우주정책ㆍ법학회지
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• 제5권
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• pp.101-118
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• 1993

Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

• 의료법학
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• 제15권1호
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• pp.83-122
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• 2014

Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient's own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients' rights and to prevent recurring medical accidents and also contribute to medical advances.

• Biomolecules & Therapeutics
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• 제17권1호
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• pp.1-11
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• 2009

Since the Committee for Proprietary Medicinal Products (CPMP) of the European Union issued in 1997 a "points to consider" document for the assessment of the potential for QT interval prolongation by non-cardiovascular agents to predict drug-induced torsades de pointes (TdP), the QT liability has become the critical safety issue in the development of pharmaceuticals. As TdP is usually linked to delayed cardiac repolarization, international guideline (ICH S7B) has advocated the standard repolarization assays such as in vitro IKr (hERG current) and in vivo QT interval, or in vitro APD (as a follow up) as the best biomarkers for predicting the TdP risk. However, the recent increasing evidence suggests that the currently used above biomarkers and/or assays are not fully predictive for TdP, but also does not address potential new druginduced TdP due to the selective disruption of hERG protein trafficking to the cell membrane or VT and/or VF with QT shortening. There is, therefore, an urgent need for other surrogate markers or assays that can predict the proarrhythmic potential of drug candidate. In this review, we provide an ideal pre-clinical strategy to predict the potentials of QT liability and lethal arrhythmia of the drug candidates with recent issues in this field in mind, not at the expense of discarding therapeutically innovative drugs.

• International Journal of Computer Science & Network Security
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• 제21권8호
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• pp.137-140
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• 2021

The article is devoted to the study of the issue of liability for the dissemination of inaccurate information on the Internet. The article emphasizes that now the public opinion of socially active segments of the population is mainly formed on the basis of not critical but subjective ("consumer") analysis of the received information. The modern realities show that the main source of its origin is the Internet: electronic media and, above all, the relevant social networks. The problem of dissemination by the mass media of inaccurate information obtained via the Internet is solved; it is seen in bringing the laws of Ukraine, which regulate public relations regarding the dissemination of information, into compliance with the Civil Code of Ukraine. The issues of development and implementation of new legislative acts aimed at regulating the status of subjects of informational relations on the Internet and establishing the grounds for their liability are also investigated.

• 국제학술발표논문집
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• The 1th International Conference on Construction Engineering and Project Management
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• pp.705-708
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• 2005

In the case that construcion period is delayed because of the force majeure such as a typhoon or a flood, the owners in general should compensate the damages caused by those. But with exception the weather worsening of ordinary level is paid by contractors, while that of exceptional level by the owners. It is critical that it is difficult to distinguish objectively between ordinary and exceptional level weather worsening. Although the term of "ordinary" itself is too abstractive, we can reduce the disputes between owners and contractors by setting the appropriate and objective standard of distinction. For example in the case of rainfall it may be the standard of distinction whether the days of actual rainfall exceed those of average rainfall or not. If the days of actual rainfall don't exceed those of average rainfall contracters should pay the damages because it is distinguished with a ordinary level weather worsening. Besides the standard of distinction in another weather worsening such as severe cold/hot, strong wind etc. which have a effect on delaying the term of works could be settled as a similar model.

• 무역상무연구
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• 제23권
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• pp.223-247
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• 2004

United Nations Commission on International Trade Law(hereinafter"UNCITRAL"), the core legal body of the United Nations system in the field of international trade law, is currently in the process of preparing a draft instrument on the international carriage of goods. In order to facilitate and prompt for new draft instrument, Working Group Ⅲ was established under the auspicious of UNCITRAL in 2002. Working Group, which was composed of all member countries of UNCITRAL, considered the text of preliminary draft instrument on the carriage of goods by sea. According to the Working Group's report, this new convention deals with issues relating to the international ocean carriage of goods such as the scope of application, the period of responsibility of the carrier, liability of the carrier, obligations of the shipper and transport documents including electronic records. In the course of the second reading, however, there are lots of outstanding issues to deliberate and consider for formulating new version of the ocean cargo liability convention. One of the substantial issues is the snail's pace of progress in last sessions. Therefore legal adviser and industry representatives assume the next UNCITRAL meeting, in Vienna, Nov. 29-Dec. 10, would be more critical to complete the convention.

• 품질경영학회지
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• 제33권3호
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• pp.41-46
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• 2005

The production, processing, sale and service of food materials are not subject to attainment via a single country. In accordance with internationalization of the world, issues related to food safety have emerged as critical international concerns and they are closely associated with the health and interest of domestic consumers, producers, manufacturers, and distributors. As a third party certification standards, ISO 22000 is in progress International Organization for Standardization(ISO) and the Draft International Standard(DIS) has already been presented on December 2004. The purpose of this study is to analyze the international standards, guidelines and legislation in regard of Food Safety Management System(FSMS) including ISO 9001, Hazard Analysis Critical Control Point(HACCP) and Product Liability(PL) so as to present Korean-model Food Safety Management System requirements and system establishment model.

• 한국전자거래학회:학술대회논문집
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• 한국전자거래학회 2004년도 e-Biz World Conference
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• pp.75-82
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• 2004

Recently introduced by the major credit card associations as replacements for the decommissioned SET and 3DSET protocols, the new payment models, 3DSecure and UCAF/SPA, have been designed to provide online merchants with a solution to an existing problem in online credit card transactions - the lack of an effective and efficient means of authenticating cardholders. The expected benefits arising from this added level of security from the merchant′s perspective are increased consumer confidence, significant reduction in the levels of fraud and charge backs and "liability shift". Using data gleaned from preliminary interviews, discussion forums and promotional material, we present a critical analysis of the potential barriers and facilitators that will impact on the widespread traction of these programs in the marketplace in the coming years.