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      • KCI등재후보

        일본의 新保險法의 제정

        김경석 중앙대학교 법학연구원 2008 法學論文集 Vol.32 No.2

        On February24 2008, after deliberations of more than one year, a legislative subcommittee on insurance laws under the Ministry of Justice made public uts draft in relation to revising the insurance laws. and on May30 2008, this draft was enacted in the Diet. The new insurance Law sets out some important changes to the current to the past insurance rules. For example, The new insurance Law states will apply not only to policies issued by insurance stock companies as prescribed in the current Commercial Code but also to policies of mutual insurance associations. Also, with respect to the duty to disclose material information at the time of applications, The new insurance Law states that such duty will arise when an issuer makes any inquiry to an applicant, under the past rules, disclosures must be made regardless of whether an inquiry is made by the insurer. this revision to the disclosure duty is in response to consumer criticism that the present scope of the duty is unclear, as some consumer have failed to fully disclosure material information and have later been unfairly denied coverage. Further more, The new insurance Law proposes new rules regarding termination of insurance contracts. An insurer will be able to termination an insurance contract if the policy holder self-inflicts or attempts to self-inflicts damage covered under the policy for the purpose of obtaining insurance proceeds. The new insurance Law also contains some additional changes for specific types of insurance contracts. For instance, with regard to accident insurance, it states that a victim who has sustained damages due to another is to be granted a special lien against the insured, and allowed to recover damages on a preferential basis to other creditors. Also, in connection with life insurance, The new insurance Law provides that insured person can change the beneficiaries of the insurance policy in their will or other testamentary declarations. However, such changes may not be asserted against an insurer unless notice is made to the insurer after the declaration takes effect. Furthermore, with respect to life insurance and fixed premium accident and health insurance, The new insurance Law introduces new rules for insurance contracts where the policy holder is not the person insured and where consent of the person insured is required for the policy to be effective On February24 2008, after deliberations of more than one year, a legislative subcommittee on insurance laws under the Ministry of Justice made public uts draft in relation to revising the insurance laws. and on May30 2008, this draft was enacted in the Diet. The new insurance Law sets out some important changes to the current to the past insurance rules. For example, The new insurance Law states will apply not only to policies issued by insurance stock companies as prescribed in the current Commercial Code but also to policies of mutual insurance associations. Also, with respect to the duty to disclose material information at the time of applications, The new insurance Law states that such duty will arise when an issuer makes any inquiry to an applicant, under the past rules, disclosures must be made regardless of whether an inquiry is made by the insurer. this revision to the disclosure duty is in response to consumer criticism that the present scope of the duty is unclear, as some consumer have failed to fully disclosure material information and have later been unfairly denied coverage. Further more, The new insurance Law proposes new rules regarding termination of insurance contracts. An insurer will be able to termination an insurance contract if the policy holder self-inflicts or attempts to self-inflicts damage covered under the policy for the purpose of obtaining insurance proceeds. The new insurance Law also contains some additional changes for specific types of insurance contracts. For instance, with regard to accident insurance, it states that a victim who has sustained damages due to another is to be granted a special lien against the insured, and allowed to recover damages on a preferential basis to other creditors. Also, in connection with life insurance, The new insurance Law provides that insured person can change the beneficiaries of the insurance policy in their will or other testamentary declarations. However, such changes may not be asserted against an insurer unless notice is made to the insurer after the declaration takes effect. Furthermore, with respect to life insurance and fixed premium accident and health insurance, The new insurance Law introduces new rules for insurance contracts where the policy holder is not the person insured and where consent of the person insured is required for the policy to be effective

      • KCI등재후보

        중국 자본시장법제의 변화 -증권법, 회사법, 외환관리조례의 개정을 중심으로-

        김경석 중앙대학교 법학연구원 2010 法學論文集 Vol.34 No.2

        As China has a comparable scale of economy to the US, it is trying to set up the legal system for capital markets befitting the economic power. First, the stock laws were reformed to consolidate the market management through the clarification of a share issue condition, the imposition of information posting obligation, the restriction of insider trading, the protection of investors, and the reinforcement of liability. Also, deregulation was promoted by permitting stock derivative trade and stock loan service and loosening the division of stock, insurance, and bank. Second, corporation law was revised to ease requirements for company inception, protect the right of stockholders and creditors, and strengthen the corporate governance and the internal control system. This resulted in the improvement of investment climate in some part. Last, the foreign exchange control ordinance was reformed to promote the balanced management of foreign currency transfer. The foundation was built up to strengthening crackdown on illegal transfer of foreign currency. Also, abolishing compulsory exchange of foreign currency and expanding the paths of capital outflow for capital balance foreign currency management showed the will of opening the capital market. Despite this series of changes, the legal system for capital markets in China has not been organized integrally and still lacks in part compared to those of capitalist nations. However, it should be noted that China with socialism economic system tried to follow the globalization and open capital markets. And the legal system of capital markets in China, the second largest economy, represents much to us and so needs to put attention on the change of it.

      • KCI등재후보

        수학능력시험 문항 분석: 선택지 매력도를 중심으로

        김경석 팬코리아영어교육학회 2004 영어교육연구 Vol.16 No.3

        This paper reports on an in-depth examination of the CSAT items which are taken from the following tests: 2002 CSAT, 2003 September trial-CSAT, and 2003 CSAT. Based on three criteria, probability value, discrimination index, and an analysis of distracters, four items per test were chosen for analysis. In analyzing the test results of the items, a special attention is paid to the distracter efficiency. Items of high probability values with low discrimination indices are undesirably strongly affected by a certain alternative among the choices. Items of low probability values with low discrimination indices are found to be affected not by distracters, but by lack of knowledge in language use. A close examination of good items with appropriate probability values and discrimination indices shows that the respondents tend to choose an alternative not on its attractiveness as an answer, but on their testing strategies. That is, instead of reading the whole text first and answering the question, they usually check the pattern of the item, its similarity and difference with previous items, and apply their testing strategies. In analyzing each item, the paper provides suggestions for making the distracters more attractive to prevent the respondents from applying their testing strategies.

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