질병과 상해사망의 상관관계에 대한 연구

최병규 (사)한국보험법학회 2018 보험법연구 Vol.12 No.2

오늘날 민영보험은 사회보험을 보완하는 중요한 역할을 담당하고 있다. 국가가 국민들의 복지를 책임지는 데에는 한계가 있다. 그 부족분을 국민들이 임의적으로 민영보험을 활용하여 대비하는 것이 필요한 것이다. 오늘날 사회의 기술이 진보하고 복잡하여 짐에 따라 각종 사고가 발생할 위험이 증가하였다. 이에 상해보험이 매우 중요한 위험보장 역할을 담당한다. 상해사고는 급격성, 우연성, 외래성을 특징으로 한다. 그런데 일부는 기왕질병이 사고와 결부되어 사망이라는 결과가 도출되었을 때 이를 상해보험의 보험사고로 인정하여 보험금을 지급할 수 있는지가 문제된다. 즉 피보험자에게 사고 전 기저질환이 있었으며, 상해사고가 존재하여 양자가 경합한 상황에서 결국 사망한 경우 상해사망보험금을 지급할 수 있는지 여부가 문제되는 것이다. 대법원은 고의면책의 경우 그 원인이 유일하거나 결정적 원인이어야 면책된다고 보고 있다. 그러나 상해보험의 사고성을 인정하기 위하여는 그 원인이 반드시 유일하거나 결정적인 것이라고 엄격하게 새겨서는 아니되고 상당인과관계로써 판단하여야 한다고 본다. 부분적으로 질병이 가미되어 중한 결과가 되었더라도 사고가 개입되어 있으면 그리고 그 우연한 사고가 결과에 합리적으로 영향이 있다고 보면 상해사고로 인정을 하는 것이 가능하다. 다만 과거에 기왕증 감액조항이 약관에 명시적으로 합의된 경우 그 감액조항 자체는 유효하다고 보아야 한다. 이 글의 검토대상인 사안의 경우 피보험자는 말기신부전 환자이었다. 그런데 대퇴골 골절을 당하여 치료를 받아가 결국은 사망하였다. 이러한 경우에 상해사망보험금을 지급할 수 있는지가 문제된다. 독일의 경우에는, 기왕질병과 상해가 경합하는 경우 보험자가 기왕질병의 영향이 더 크다는 점을 증명하여야 하고 그것이 성공하면 보험자는 면책이 되는 것으로 파악하고 있다. 그런데 본 사례의 경우에는 사망이라는 결과에 대퇴골 골절이 상당인과관계로서 기여하였다고 보아야 한다. 즉 상해보험의 보험사고로 인정할 수 있다. 상해사고에 해당 여부는 합리적으로 인정할 수 있는 상당인과관계의 존재 여부를 기준으로 하여야 한다. 상해사고가 질병보다도 기여도가 크다고 인정되면 상당인과관계를 인정할 수 있다. 이 경우 사고가 반드시 유일하거나 결정적이어야 하는 것은 아니다. 앞으로도 상해보험의 보험사고성 여부는 계속하여 문제가 될 것이다. 최근에 심폐소생술을 하다가 갈비뼈가 부러져 사망한 경우에도 상해사망보험금을 지급하도록 판단한 하급심도 있다. 법적 안정성과 예측가능성을 부여하기 위하여 상해보험의 보험사고 기준에 해당하는지 여부에 대하여 자료를 축적하여야 한다. 그를 통하여 예측가능성을 제공하는 것이 요구된다. Today, private insurance plays an important role in complementing social insurance. There is a limit to the nation's responsibility for the welfare of the people. It is necessary for the people to arbitrarily prepare the deficit by utilizing the private insurance. As society's technology becomes more advanced and complex today, the risk of accidents increases. In this regard, injury insurance plays a very important role of guarantee. An accident is characterized by sudden, accidental, and extroverted. The Supreme Court believes that in cases of intentional immunity, the cause is the only or decisive cause. However, in order to acknowledge the accidental nature of the accident insurance, it should be judged by a causal relation that it is not strictly inscribed that the cause is necessarily unique or definitive. It is possible to recognize an accident as an accident if there is an accident involving partial illness and serious consequences and if the incident is reasonably affected by the accident. Provided, however, that in the event that an amendment to an existing claim is explicitly agreed upon in the Terms, the amendment itself shall be considered valid. In the case of this review, the insured was a patient with end stage renal failure. However, he was treated with femoral fracture and eventually died. In such cases, it is a question whether it is possible to pay injury death benefit. In the case of Germany, the insurer should prove that the disease is more likely to be affected if the disease or injury is contested, and if it succeeds, the insurer finds it to be an immunity. However, in this case, it should be considered that femoral fracture contributed to the cause of death as a result of death. In other words, it can be recognized as an insurance accident of injury insurance. Whether or not an accident has occurred should be based on the existence of a causal relationship that can reasonably be recognized. A causal relationship can be recognized if an accident is recognized as contributing more than disease. In this case, the accident does not necessarily have to be unique or deterministic. In addition, whether insurers' insolvency will continue to be a problem. There is also a subordinate who has decided to pay injury death benefit even if the rib is broken and recently died during CPR. In order to provide legal stability and predictability, it is necessary to continue to work on the typology of the accident standard of accident insurance.

미국보험법에 있어 신체훼손

노일석 ( Il Seok Noh ) 한국금융법학회 2013 金融法硏究 Vol.10 No.1

Accident and health insurance means insurance against death or personal injury by accident or by an specified kind or kinds of accident and insurance against sickness, ailment or bodily injury. Accident insurance helps insured and insured`s family from financial hardships if insured dies or suffers a serious injury in an accident. In general insurer agrees, subject to the provisions of insurance policy, to immediately pay to the beneficiary or beneficiaries, in addition to the other benefits provided by the policy, the amount of additional accidental death benefit specified in the policy specifications, if due proof is furnished to the insure at its home office that the Insured, while this policy is in full force and effect, has suffered the loss of life as direct result of bodily injury, independent of all other causes, effected solely through external, violent and accidental means, as evidenced by a visible contusion or wound on the exterior of the body (except in the case of drowning or internal injuries revealed by an autopsy), and that the date of death occurred within ninety days after such injury. The payment of benefits under policy of accident insurance or the accident provisions of a life policy is typically conditioned upon death or injury resulting from "accident" or "accidental means". To this may be added the further requirement that the misfortune is caused "externally" and "violently". Where the death or injury is occasioned by some force other than a physical impact of a type and magnitude likely to produce the ensuing result, there arises an question these provisions of the policy have been satisfied in such a manner as will permit recovery. There are relatively few cases where the dispute was wether a death or injury resulting from an emotional disturbance, such as shock, fright, or other "psychic trauma," is within purview of such policies despite the absence of causative physical contact between the body of the insured and the force alleged to have produced the death or injury. Some policies expressly define bodily injury to include emotional distress. Most do not. When policies do not some courts have held that a claim for emotional stress still constitutes a claim for bodily injury, but most have correctly held to the contrary, with one proviso. The proviso is that even in those states that have held that emotional distress does not constitute bodily injury, some courts have correctly ruled that if the plaintiff`s emotional distress has resulted in physical manifestations, a bodily injury is involved. Accident insurance policies frequently qualify their coverage by requiring that the accident which triggers or increased indemnity be evidenced in a certain manner, such as by "external visible sign," "visible contusion or wound," "physical contusion or wound" or similar requirements. Under a policy requiring bodily injury effected solely through external, violent, and accidental means as evidenced by a visible contusion or wound on the exterior of the body, it is not required that death be the result of the wounds found on the exterior of the body. In determining what is an visible mark of injury on a body, the term "visible" is used in the broad sense of perceptible, discernable, clear, distinct, and evident. Such a provision requires some manifestation, abnormal in its nature and affecting the physical person, the existence of which may be ascertained by observation or examination. Visible injuries or marks need not be bruises, contusions, lacerations, or broken limbs, but may be internal injuries the existence of which may be outwardly indicated or perceived through observation or examination of the insured. Many jurisdictions adhere to the view that the term "accidental means" is distinct from, and requires a different causal analysis, than the terms "accident," "accidental injury," "accidental death," "accidental result," and the like. As this distinction narrows coverage considerably, it is not currently favored by consumers or by growing number of state insurance departments. Basically, the distinction is grounded on the idea that "means" is synonymous with "cause," that the difference between "accidental means" and the other aforementioned terms is the difference between cause and effect ; that insurance against death or injury by "accidental means" is not insurance against death or injury by accident or as an accident result; and that hence death or injury is not incurred by "accidental means" merely because the effect or result is accidental in the sense that it is unforeseen, undesigned, unusual, and unexpected. The distinction between loss due to "accidental means" and loss due to "accident" was, at one time, generally accepted by most courts. In recent years, however, an increasing number of jurisdictions have rejected the distinction in favor of treating the terms as legally synonymous, at least in the absence of comprehensible and different definition of the relevant terms in the policy. Under this view, the term "accidental" is equally descriptive of means which produce effects which are not their natural and probable consequences, as it is of means which are wholly unexpected.

철도 분야의 인적 오류 사고 분석을 위한 사고발생 모형의 제안

김동산(Dong San Kim),백동현(Dong Hyun Baek),윤완철(Wan Chul Yoon) 대한인간공학회 2010 大韓人間工學會誌 Vol.29 No.2

In accident analysis, it is essential to understand the causal pathways of the accident. Although numerous accident models have been developed to help analysts understand how and why an accident occurs, most of them do not include all elements related to the accident in various fields. Thus analysis of human error accidents in railway operations using these existing models may be possible, but inevitably incomplete. For a more thorough analysis of the accidents in railway operations, a more exhaustive model of accident causation is needed. This paper briefly reviews four recent accident causation models, and proposes a new model that overcomes the limitations of the existing models for the analysis of human error accidents in railway operations. In addition, the usefulness and comprehensiveness of the proposed model is briefly tested by explaining 12 railway accident cases with the model. The proposed accident causation model is expected to improve understanding of how and why an accident/incident occurs, and help prevent analysts from missing any important aspect of human error accidents in railway operations.

사고 보고 활성화를 위한 사고 미보고 원인 분석

이일석(Ilseok Lee),김범수(Beom Soo Kim),진상은(Sangeun Jin) 대한인간공학회 2019 大韓人間工學會誌 Vol.38 No.6

Objective: The goal of current study was to investigate the main reasons of unreported accidents in a view point of system, person, and working environment. Background: Various accidents could happen anytime and anywhere of the industrial sites. Regardless of the accident severity and type, industry have been emphasized the importance of accident reporting to prevent a severe accident in future. Despite of the effort to increase the accident report, numerous numbers of near-misses and minor accidents were not reported in various reasons. Method: The current study was conducted with a questionnaire, consisted of three main question and 22 sub-questions asking about the reason of the unreported accidents. Total 763 workers at a chemical company in Republic of Korea answered the questionnaire. Results: In both 2016 and 2018, more than 80% of workers agreed the sentence that the accident must be reported. Regardless of the individual"s perception on the accident reporting (e.g., agree, disagree and hesitate) and the position of workers (e.g., employee, manager and supervisor), the followings were selected as non-reporting reasons: 1) when workers judged that the incident can be solved by themselves; 2) when workers believed that the damage is minimal; 3) when the worker judged that the accident reporting increases workload; 4) when the report took a lot of time to complete form; and 5) when the reporting system was complex. Especially, most workers responded that the main reason of avoiding accident reporting was when workers believed that the accident could be immediately solved and trivial. In contrast, for the workers who were aware that the accident report is not necessary, the extra time required to report the accident was one of the main reason of unreported accident. Conclusion: The company could concentrate on the training of workers explaining the effectiveness and importance of accident reporting for having a leading indicator of accidents, and could be able to develop and provide an easier way of the accident reporting system. Application: The results of this study could be used to enhance the safety culture of a company by using the result in the safety education or advertisement.

사고보고문서를 이용한 텍스트 기반 사고발생 유형 및 관계 분석

김범수,장성록,서용윤 한국안전학회 2018 한국안전학회지 Vol.33 No.3

Recently, a lot of accident report documents have accumulated in almost all of industries, including critical information of accidents. Accordingly, text data contained in accident report documents are considered useful information for understanding accident processes. However, there has been a lack of systematic approaches to analyzing accident report documents. In this respect, this paper aims at proposing text analytics approach to extracting critical information on accident processes. To be specific, major causes of the accident occurrence are classified based on text information contained in accident report documents by using both textmining and latent Dirichlet allocation (LDA) algorithms. The textmining algorithm is used to structure the document-term matrix and the LDA algorithm is applied to extract latent topics included in a lot of accident report documents. We extract ten topics of accidents as accident types and related keywords of accidents with respect to each accident type. The cause-and-effect diagram is then depicted as a tool for navigating processes of the accident occurrence by structuring causes extracted from LDA. Further, the trends of accidents are identified to explore patterns of accident occurrence in each of types. Three patterns of increasing to decreasing, decreasing to increasing, or only increasing are presented in the case of a chemical plant. The proposed approach helps safety managers systematically supervise the causes and processes of accidents through analysis of text information contained in accident report documents.

SEVERE ACCIDENT ISSUES RAISED BY THE FUKUSHIMA ACCIDENT AND IMPROVEMENTS SUGGESTED

Song, Jin Ho,Kim, Tae Woon Korean Nuclear Society 2014 Nuclear Engineering and Technology Vol.46 No.2

This paper revisits the Fukushima accident to draw lessons in the aspect of nuclear safety considering the fact that the Fukushima accident resulted in core damage for three nuclear power plants simultaneously and that there is a high possibility of a failure of the integrity of reactor vessel and primary containment vessel. A brief review on the accident progression at Fukushima nuclear power plants is discussed to highlight the nature and characteristic of the event. As the severe accident management measures at the Fukushima Daiich nuclear power plants seem to be not fully effective, limitations of current severe accident management strategy are discussed to identify the areas for the potential improvements including core cooling strategy, containment venting, hydrogen control, depressurization of primary system, and proper indication of event progression. The gap between the Fukushima accident event progression and current understanding of severe accident phenomenology including the core damage, reactor vessel failure, containment failure, and hydrogen explosion are discussed. Adequacy of current safety goals are also discussed in view of the socio-economic impact of the Fukushima accident. As a conclusion, it is suggested that an investigation on a coherent integrated safety principle for the severe accident and development of innovative mitigation features is necessary for robust and resilient nuclear power system.

항공사고 피해자 가족지원 제도개선 연구

전종진,김휘양,유광의 한국항공우주정책⋅법학회 2018 한국항공우주정책·법학회지 Vol.33 No.2

In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident . The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law. 항공사고가 발생하게 되면 언론과 일반사회 구성원들은 사고로 인한 피해자에 주목하고 그들에 대한 조치나 보상에도 깊은 관심을 갖게 된다. 하지만, 지난 2002년 발생한 중국국제항공(CCA) 129편의 사고를 통해 우리는 항공사고로 인한 피해자 못지않게 그 가족들 또한 많은 고통을 받으며 심각한 사고 후유증을 겪는다는 현실적인 문제임를 확인할 수 있었다. 그럼에도 항공사고 피해자 가족에 대한 지원에 대한 우리나라의 관련 제도는 매우 빈약하다. 이에 반해 1996년 트랜스월드항공(TWA) 800편이 대서양 상공에서 폭발, 추락한 사고를 계기로 미국에서는 항공사고 피해자의 가족들을 지원하기 위한 법을 제정하였다. 그리고 이 법에 따라 항공사고 피해 당사자뿐만 아니라 그들의 가족들에 대한 체계적인 지원과 관리를 통해 피해자와 피해자 가족들의 추가적인 피해를 최소화 하고 조기에 사고 후유증으로부터 벗어날 수 있도록 지원하고 있다. 특히 2013년 아시아나항공(AAR) 214편이 미국 샌프란시스코 국제공항 착륙 중 추락한 사고에서 미국의 관련 당국이 이러한 법제에 따라 보여준 조치는 우리에게 항공사고에서의 피해자와 그 가족에 대한 지원에 대해 많은 시사점을 보여주고 있다. 이에 이 논문에서는 항공사고에서의 피해자와 피해자 가족 지원에 대한 제도개선의 필요성을 제언하고자 국내·외 관련 법제 체계와 과거 사고에서의 관련 사례를 분석하여 우리나라 제도의 부족한 점을 확인하였고, 관련 제도개선의 필요성을 도출하였다. 항공사고의 수습에서는 사고 피해자에 대한 금전적 피해보상도 중요하지만, 사고 피해자의 가족이 정신적·경제적인 충격으로부터 조기에 벗어나고 사고조사 결과에 대해 신뢰할 수 있도록 하는 것도 중요하다. 피해자 및 가족이 충격에서 벗어나고 사고조사를 신뢰하는 데에는 미국의 경우와 같이 그들에 대한 신속하고 체계적인 지원과 협조가 절실히 요구됨을 관련 정부부처와 항공사 및 유관기관에서는 인식하여야 한다. 그리고 항공기 사고 피해자 및 피해자 가족에 대한 지원을 위한 관련 법률의 보완, 실행 매뉴얼 제정, 계획 수립 및 사고 발생 시 신속한 이행을 위해 노력하여야 할 것이다. 이를 위해 항공사고 피해자 및 가족 지원에 대한 국가와 국가기관의 역할과 책임의 법적 제도화를 위한 규정을 마련할 필요가 있다. 그리고 현행 법률에 명시된 항공사가 제출하여야 하는 피해자 및 가족 지원계획은 그 항목을 구체화할 필요가 있다. 추가하여 신설 및 보완된 내용은 명확한 법 적용을 위해 기존 법률에 단일 조항으로 통합하거나 별도의 특별법으로 제정하는 방안도 제안해 본다.

Development of a systematic sequence tree model for feed-and-bleed operation under a combined accident

Kim, B.G.,Yoon, H.J.,Kang, H.G. Pergamon Press ; Elsevier Science Ltd 2016 Annals of nuclear energy Vol.98 No.-

Combined accidents are considered as very rare events and therefore are not usually considered in deterministic or probabilistic safety analyses. Yet, despite being rare, it is necessary to examine combined accidents as their effects could become very large following poor treatment from a lack of information. In a combined accident, the most important safety actions are the functions for heat removal, as initiating and maintaining proper safety actions are critical to prevent core damage. In order to analyze the plant conditions requiring safety action to prevent core damage and the success conditions of the safety actions under a combined accident, sequence tree modeling is suggested. A sequence tree is a branch model to classify the plant condition considering plant dynamics. Since a sequence tree model can reflect the plant dynamics arising from the interaction of different accident timings and plant conditions, and also from the relations between operator action, mitigation systems, and the indicators for operation, it can be used to develop a dynamic event tree model. To develop the sequence tree model, indicators are identified which inform about the availability of heat removal mechanisms and the plant condition. This study develops a sequence tree model to core damage requiring F&B operation under a combined accident, designated here as the combination of a total loss of feedwater accident with a loss of coolant accident. Sequences of the sequence tree model can be categorized according to second accident timing. With a sampling analysis, the practical accident cases are obtained. The sequence tree model can translate into a dynamic event tree model if the initiating event frequency under a combined accident can be quantified.

Severe accident analysis of plant-specific spent fuel pool to support a SFP risk and accident management

Ahn, K.I.,Shin, J.U.,Kim, W.T. Pergamon Press ; Elsevier Science Ltd 2016 Annals of nuclear energy Vol.89 No.-

The Fukushima accident that happened on March 11, 2011 has raised the possibility of severe accidents in an SFP under beyond design basis external events (BDBEEs) that might lead to a loss of all safety functions and need a way to cope effectively with such an event through a SFP risk and accident management. From a SFP safety point of view, the low decay heat of the fuel assemblies and large water inventory in an SFP may make the accident processes slow compared to an accident in the reactor core, but a huge number of fuel assemblies stored inside it and no containment in a SFP building (especially for PWR types) might be exposed to much greater risk. A quantitative analysis for SFP accidents can give more insights into which aspects play dominant roles in an accident progression. To date, however, few studies have been made for severe plant-level SFP accidents. This paper provides the plant-specific MELCOR analysis results for potential severe accidents that can be expected in a typical PWR. The SFP of the reference plant is located adjacent to the primary containment (outside primary containment), and its bottom is placed above the plant grade. Three representative accident scenarios (loss of cooling accident, loss of coolant inventory, and complete loss of coolant accident) and two different reactor operating modes (normal operation and refuelling mode) have been considered for the analysis. From the risk and accident management point of view, phenomenological analysis was mainly focused on (a) the level of the coolant, (b) the cladding temperature, (c) the mass of hydrogen generated during accident progressions, and (d) MCCI (Molten Corium Concrete Interaction).

도로교통법에 나타난 교통사고 발생시 조치의무에 관한 고찰 -도로교통법 제50조 제1항을 중심으로-

정광정 ( Gwang Jeong Jeong ) 청주대학교 법학연구소 2005 法學論集 Vol.25 No.-

This paper treats Clause 1 Article 50 of Road Traffic Act prescribing the measures when a traffic accident occurs. The measures at a traffic accident refer to those for minimizing the damages on human life, body and properties when a traffic accident occurs. Since the implementation of this obligation is closely related to the life of the victim, they prescribe severe punition if this obligation is not implemented. Then, what is the traffic accident to which such measures must be applied? For this, this paper constructs the concepts by bringing up a question and regarding each respective provision. And it classifies into the stages such as stopping car and measures for injury relief in order to specify the scope of the measures obligation in a traffic accident. Then it treats the legal limitations of the obligation of injury rescue measures. Since there is not a provision about how they should do such injury rescue measures, they depend on the judicial precedent that such measures shall be taken as much as they are required by a sound consciousness in consideration of the accident situation including accident details and degree of damage. To improve these problems, it is necessary to ① establish the injury rescue measures on site in order to permit taking appropriate measures where they are needed, ② expand the scope because it has a problem that if the scope of such obligation as the injury rescue measures is applied only to the road, it could not be applicable to an accident happening in a place that is not included in the definition of the road, ③ clearly prescribe the concept because some argue that the concept about the injury protection measures at a traffic accident is limited only to an accident occurring on a public road under Article 5-3 of Traffic Accident Disposition Exemption Act and Specific Crimes Aggravated Penalty Act, and finally ④ expand the scope of punition because the penalties under the Road Traffic Act cannot be applicable if someone incurs a traffic accident provoking property damages and runs away on a place that is not the road, by reason that the place cannot be included in the legal definition of the road. To conclude, it is required to reinforce the injury rescue function by improving the problems in the measures obligation at a traffic accident and to legislate in the way not to make unreasonable damages even to the driver who incurred a traffic accident.