Browse > Article
http://dx.doi.org/10.6106/KJCEM.2020.21.4.003

Effective Handling of Construction Disputes for Strengthening the International Competitiveness of the Construction Industry  

Cho, Youngjun (School of Architect and Civil Engineer, Joongbu University)
Publication Information
Korean Journal of Construction Engineering and Management / v.21, no.4, 2020 , pp. 3-11 More about this Journal
Abstract
Problems related to construction contracts arise if they are not reflected in the design phase from the planning phase of the construction project, or if they are not properly dealt with despite various changes in the construction phase. So far, there have been a number of discussions in Korea regarding the improvement of the procedures for resolving construction disputes, and the problems related to the procedures for solving construction disputes have been raised steadily, but the problems related to the procedures for solving construction disputes are still unresolved. Therefore, in this study, the followings were proposed to strengthen the international competitiveness of the construction industry. First, the so-called Construction Dispute Mediation Act should be enacted to prepare the basis for the establishment of a tentatively named Construction Dispute Mediation and Arbitration Agency(CDMA). Second, the work of the CDMA should be limited to the work of supporting the DRB, mediation and Arbitration the private and public sectors. Third, it is required to choose between adjustment and arbitration when obtaining a contract and to operate the DRB during construction phase. Fourth, CDMA should be established as standing bodies, and branches should be operated in various parts of the country. Fifth, construction experts from various areas should be included as members so that disputes over construction contracts can be dealt with quickly. And finally, relevant laws that specify the procedures for dealing with construction disputes should be amended together.
Keywords
Conflict; Dispute; Mediation; Arbitration;
Citations & Related Records
연도 인용수 순위
  • Reference
1 Cho, Y.J., Kim, Y.S., and Han, K.Y. (1994). "A Study on the Prevention of Construction Claims and Disputes." KICT-94-CM-111, Korea Institute of Construction Technology, pp. 86-91.
2 Cho, Y.J., Koo, J.H., Lee, K.S., and Koo, J.D. (1995). "A Study on the Prevention of Construction Claims and Disputes(II)" KICT-95-CM-112-41, Korea Institute of Construction Technology, pp. 37-59.
3 The National Court Administration. (2002-2017). "Chapter 5 of Judicial Almanac 2002-2017" Supreme Court, Spp. 724-803.
4 Doo, S.K. (2002). "Improvement Procedure of Dispute Resolution Clause of General Conditions of Construction Contract." Construction & Economy Research Institute of Korea, pp. 15-20.
5 Jung, H.H. (2019). "Last year, a total of 280 applications from the CSDMC were filed." Seoul: updated 2019 Jan. 30. Available from: http://www.cnews.co.kr/
6 Kim, J.S., and Lee, J.S. (2005). "Improvement Plan for Domestic Construction Claims & Dispute Resolution Process - Focused on the Construction Bond." Korean Journal of Construction Engineering and Management, KICEM, 6(4), pp. 181-189.
7 Ministry of Small and Medium Venture Business No. 2017-28. (2017). Detailed Rules for Mediation and arbitration of technical disputes between small and medium-sized enterprises.
8 Park, Y.H. (2017). "Cost Saving Technique(15)- Necessity to actively utilize subcontracting dispute arbitration bodies." Seoul: updated 2017 Jul. 3; cited 2019 Jul. 11. Available from: http://www.koscaj.com.
9 Kim, D.S., Cho, Y.J., Hyun, C.T., and Hong, T.H. (2008a). "A Study on the Structure of the Indirect Field Negotiation System for Effective Dispute Resolution at Contract Administration Stage." Journal of the Architectural Institute of Korea Structure & Construction, AIK, 24(9), pp. 131-139.
10 Kim, D.S., Cho, Y.J., Hyun, C.T., and Hong, T.H. (2008b). "A Study on the Neutrality of the Members of the Indirect Field Negotiation Tool." Journal of the Regional Association of Architectural Institute of Korea , AIKRA, 10(3), pp. 249-257.
11 KOFAIR. (2019). "Korea Fair Trade Adjustment Agency handled 3,631 cases of dispute settlement in 2018." Seoul: Updated 2019 Jan. 25. Available from: https://kftc.tistory.com/11302