• Title/Summary/Keyword: mutual insurance

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A Legal Study on Indemnification of Korean Mutual Insurance of Fisheries Cooperatives (수협공제(水協共濟)의 보상제도(補償制度)에 관한 법적(法的) 연구(硏究))

  • Cha, Cheol-Pyo;Park, Yong-Sub
    • Journal of Fisheries and Marine Sciences Education
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    • v.5 no.2
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    • pp.98-109
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    • 1993
  • By the Article 28 of the Korean Fishing Vessels Act and the Article 47-1 of the Enforcement Ordinance of the Act, fishing vessels over 5 gross tone must be insured the fishing vessels mutual insurance or marine insurance. Therefore the distant-water fishing vessels and vessels registered with Classification Society can be insured to the marine insurance, and non-registered vessels and the small fishing vessels can be insured to the fishing vessels mutual insurance of Fisheries Co-operatives. Moreover, the shipowners of fishing vessels over 5 gross tons to be insured a liability insurance for their crew, and it is to compensate effectively the crewman's accidents prescribed in the Seaman's Act. The shipowner's Liability Insurance to be insured the seaman's Compensation Insurance or the seaman's mutual insurance of the Fisheries Co-operatives and the Protection and Indemnity but they still involve lots of problems to cover the crewman's accidents reasonably. The author's views on the improvement way of the fisheries mutual insurance system are as follows. 1. The size of fishing vessels over 5 gross tons prescribed by the Article 28 of the Fishing Vessels Act must be revised into over 1 gross tons. And the regulations concerning penalties against nonfulfilment of the regulation must be strengthened in order to have legal effectiveness. 2. The level of the government subsidy for the fisheries mutual insurance must be raised up from the large point of view for protection of fishermen. It is concluded that the Government have to take charge of the remutual insurance in order to develop the fisheries mutual insurance system. 3. The mutual insurance system of fish catch have to be executed in order to guarantee the stable income for fishermen on the base of the amount of money by fish catch in the previous year.

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Korean insurance market globalization and specialization of distribution agents -comparative study with French insurance market- (한국 보험산업 글로벌화에 따른 보험판매방식의 다각화와 보험인력 전문화에 관한 연구 -프랑스 보험산업과의 비교를 중심으로-)

  • Yeo, Hee-Jung
    • Management & Information Systems Review
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    • v.26
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    • pp.261-291
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    • 2008
  • The EU holds about 50% of exports and imports in the world trade of services. The insurance markets have undergone a significant consolidation in solvency rule, cross-border registration, and standardized accounts. In the EU-Korea FTA negotiations the EU is interested in mutual certification of qualifications as well as market liberalization of law, finance and distribution and so forth. When the negotiation with respect to the mutual certification of qualifications comes to a settlement, the two countries will drive it in service areas. Korea should examine european certification regulations and improve domestic insurance-related institutions. France is the focal country of the EU. The paper provides a comparative study of insurance markets and agents in France and Korea. The paper argues that Korea should initiate institutional changes and be transformed into an insurance service exporting country for the specialized insurance agents to move to EU countries.

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Controlling risks at sea --- Indications of mutual insurance upon safety onboard

  • Ruan, Wei
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2004.08a
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    • pp.123-128
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    • 2004
  • A lot of efforts have been made to improve maritime safety by means of enhancing safety legislation and verifying the compliance thereof. However, with the development of mutual insurance, it is contributing more and more to better maritime safety. The P&I clubs to be discussed in the paper are now not only exercising controls and providing guidance in event of emergencies, but also keeping close and continuous monitoring over safety operations and conditions of those vessels entered, through their world-wide network and advanced communication, and by professional accident-handling teams. In view of this, it is necessary to discuss the roles of commercial shipping and the close linkage between it and onboard safety practices. The paper looks at first basic principles in maritime insurance, and then focuses on the rules and activities of P&I clubs and their implications upon shipboard operations.

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A Historical Survey on the Background of Establishment of British P & I Club (영국계 P&I 클럽의 설립배경에 관한 사적 고찰)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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    • pp.77-108
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    • 2007
  • The traditional name given to the insurance of third party liabilities and certain contractual liabilities which arise in connection with the operation of ships is protection and indemnity(P & I) insurance. P & I insurance is very different from traditional hull and machinery insurance in that shipowners' hull and machinery insurance is designed primarily to protect the assured against losses to his vessel, whereas P & I insurance seeks to indemnify an shipowner in respect of the discharge of legal liabilities he has incurred in operating his own vessels. This study is to examine the background of establishment of British P & I clubs md, therefore, the identity of P & I insurance. The present British P & I clubs are the remote descendants of the many small and local hull mutual insurance clubs that were formed by British shipowners in the end of 18th century. At that time, British shipowners were dissatified with the state of marine insurance market and, therefore, established clubs together in mutual hull insurance clubs. After the removal of the company monopoly in 1824, greater competition had a good effect on the rates, terms of cover and service offered by the commercial marine insurance market and by Lloyd's underwriters, and the hull clubs became less necessary and went into decline. The burden of British shipowners on liabilities to third parties was steadily increased after the middle of the 19th century, but the amount insured under hull policy was limited in the insured value of the ship. Eventually, the first protection club, that is, the Shipowners' Mutual Protection Society was formed in 1855. It was designed to like past mutual hull clubs, but to cover liabilities for loss of life and personal injury and also the collision risks excluded from the current marine policies, particularly the excess above the limits in hull policies. In 1870, the risks of liability for loss of or damage to cargo carried on board the insured ship was first awarded by the British shipowners. After 1874, many protection clubs formed indemnity club to cover the risk of liability for loss or damage to cargo. As mentioned above, British P & I clubs have been steadily changed according to the response of shipowners under the rapidly changing law of British shipowners' liability, and so on in the future.

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The Study on Takaful in Islamic Countries (이슬람국가의 타카풀보험(Takaful) 연구)

  • Kim, Jongwon
    • Journal of the Society of Disaster Information
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    • v.11 no.1
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    • pp.121-133
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    • 2015
  • A classical commercial insurance, which is used widely as the risk management methods for risk transferring and risk financing, includes the factors of interests, gambling and uncertainty, In 1985 Islamic Fiqc Academy declared that the classical commercial insurance violates the Islamic fundamental principles and beliefs, alteratively recommending a mutual insurance and takaful. A basic principle of takaful is the mutual aid in the Islamic community. On the basis of mutual aid, takaful participants (insurance policyholder) establishes the takaful fund, which is cooperation fund by participant contribution. Takaful fund is separated from shareholders' fund, and the profit and loss of takaful fund are responsible for takaful policyholder. Ownership and operation right of takaful belong to the takaful participants. In takaful, takaful company takes a role of agent or management operator. Comparing to the classical insurance, takaful has the rights of profit dividend, voting of executives, access to accounting books etc. which are additional favors for business company or individuals as takaful participants. Business companies and individuals should consider to use takaful to transfer risk and to enjoy takaful's additional advantages.

The Risk Implication of Ownership Structure: Focused on Korean Life Insurance Companies (유배당보험상품에 대한 재무론적 분석)

  • Lee, Kun-Ho;Wee, Kyeong-Woo;Jun, Sang-Gyung
    • The Korean Journal of Financial Management
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    • v.24 no.2
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    • pp.147-181
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    • 2007
  • Our article investigates the risk implication of ownership structure in life insurance companies. We set up a model to identify the priority structure of policyholder's and shareholder's cashflow claims, and to derive its implications. Current literature on this issue has focused on the agency paradigm or the risk-sharing efficiency. Fama and Jensen(1983a, 1983b) and Mayers and Smith(1981, 1986, 1988, 1990, 1994) argue that the survival of both the corporate and the mutual form of organization is due in part to the relative efficiencies in controlling agency problems. With regard to insurance business, agency problems arise because of the three functions inherent in the organizations:manager, risk-bearer(owner), and policyholder. Stock insurers are characterized by the potentially complete separation of all three functions while mutual insurers merger the policyholder with the ownership function. Doherty and Dionne(1993) and Doherty(1991) concentrate their analysis on differences in the efficiency of risk sharing between participating and non-participating policies. They argue that when the undiversifiable risk has higher portion in business risk, combining policy and equity claims into a single package is a more efficient risk-sharing contract than a simple prepaid risk-transfer. Among various methods for assembling the policy/equity package, Doherty and Dionne(1993) and Doherty(1991) suggest that policy/equity package offered by the mutual is the most efficient risk-sharing arrangement. There has been a controversy on the property of participating policies sold by life insurance corporations in Korea. Some scholars argue that participating policyholders of Korean life insurance companies have shared the cashflow risk with shareholders. They emphasize that insurance firms have used dividend reserves to supplement for equity deficits. Thus, they argue that the economic entities of Korean life insurance companies are mutual companies though their legal entities are corporations. Our article explicitly sets up each stakeholder's cashflow claim in stock and mutual insurers, and thus identify risk differences in shareholder and policyholder. Using our model, we could derive direct implications on the controversy. Our model shows that life insurance companies would sell participating policies since policyholders would have the incentive to share the risk inherent in their primary claims with equityholders. And there exists a fundamental difference in shareholder's risk and equityholder's.

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Substandard Life Insurance and Medical Selection (표준하체보험(標準下體保險)과 의학적(醫學的) 선택(選擇))

  • Hirao, Masaharu
    • The Journal of the Korean life insurance medical association
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    • v.2 no.1
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    • pp.3-16
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    • 1985
  • Necessity of life insurance is stronger for people who feel some anxiety of their health. However, in fact, it is not permitted for them to get a contract, because life insurance stands on the mutual benefit system. Life insurance must be impartial to all applicants. However, it is very reasonable that an applicant, who has high medical impairment like heart infarction or cancer, is rejected, to have a contract by underwriting decision. On the other hand, if his medical impairment is not so severe, we might accept his application by giving some restriction. Numericalratingsystem by hunter-rogers gave us one of solutions to this problem. We can keep impartiality by using more restrictive decision, in order that we demand additional payment to the impairment applicant according to his mortality. We call this system as substandard life insurance. In this system we need detail information about impairments of applicants in order to decide the condition of substandard risks. Therefore, medical examiners are required to have high diagnostic technique.

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Duty of Representation & Negligence of Medical Examination (고지의무(告知義務)와 진단과실(診斷過失))

  • Yoon, Byong-Hak
    • The Journal of the Korean life insurance medical association
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    • v.3 no.1
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    • pp.55-61
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    • 1986
  • In life insurance the goal of medical examination is to exclude medical, environmental adverse-selection to the utmost. And keeping the principle of equity and the homogeneity of risk in the group of the insured, you are able to manage the company reasonably and realize the orginal ideal of life insurance, namely, the mutual assistance. And yet, the cases of the misrepresentation have been occurred frequently so far. As a result of them, the development of life insurance industry has been obstructed, and public criticism has been caused. Carrying medical examination, you have to know how the representation is important, And citing what the misrepresentation and false representation influenced the results, I want you to refer to medical exam-business.

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The Development Path of China's Private Health Insurance and Its Role in the Health Care System (중국 민간의료보험의 발전경로와 의료보장체계에서의 역할)

  • Jung, Kee Taig;Fan, Jian Cheng;Chen, Wan Yun
    • Health Policy and Management
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    • v.31 no.4
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    • pp.423-436
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    • 2021
  • This article summarizes the structure of China's current social health insurance system and reviews the development status of China's private health insurance (PHI). China's medical security system is mainly composed of two parts: basic medical insurance (BMI) and PHI. Among them, the BMI provides reimbursement of basic medical expenses for the insured persons according to different proportions. PHI is a necessary supplement to the BMI and provides assistance to the insured persons in the event of illness or accident. By having PHI, people can obtain medical protection outside the coverage of BMI. In the development of PHI in China, the total medical cost is high and the insurance market size is large, but the proportion of PHI expenditure is low and the personal burden is high. Through this Chinese case, it will be helpful for mutual development between Korean PHI and national health insurance, for Korean insurance companies to enter the Chinese market, and for removing the medical burden on the people.

A Legal Study on Improvement Plans for Citizen Safety Insurance Operation and Management System (시민안전보험 운영관리체계의 개선방안 연구)

  • Lee, Jung-Im
    • Journal of the Korea Safety Management & Science
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    • v.24 no.2
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    • pp.77-85
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    • 2022
  • This study tried to suggest a systematic improvement plan to prepare a civil safety insurance operation and management system by reviewing the operation and management status of civil safety insurance, which is operated and managed by each local government autonomously. In this study, the problems of the current civil safety insurance were analyzed by dividing them into the lack of systematic management of insurance items, overlapping coverage between insurance items, and deviations in compensation limits. As a systematic improvement plan, it was suggested to secure the systemic management of guarantee items, standardize compensation standards, prepare an integrated operation and management system, and provide financial support for local governments with poor financial independence. Since the problems and improvement plans for the civil safety insurance analyzed as described above are formed by exchanging and receiving a complex mutual influence, the institutional improvement plan for the operation and management system of the civil safety insurance is not only a specific part of the study, but also comprehensively current citizens. Based on the results derived from the analysis of safety insurance, it is concluded that alternatives must be found.