• Title/Summary/Keyword: 건설보증

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A Study on the Interpretation Trend of Current Cases for Warranty in U.S.A (미국의 Warranty 제도와 관련된 판례동향 연구)

  • Cho, Young-Jun
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.1
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    • pp.101-109
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    • 2010
  • Under the Civil Code and related law in Korea, the liability for defects after delivery belongs to the Contractor. However, various disputes have occurred in relation to the remedy of such defects and the compensation for damages, which are the main liability of a contractor in the event of defects. Despite court decisions regarding defect liability, many problems prevail in the real world. For this reason, this working-level research considers the introduction of a performance warranty contract system. To establish the system successfully, it is necessary to analyze the trend of various warranty cases in the US. Therefore, the warranty system of the US was first examined, and the effect of acceptance, notification and burden of proof, remedies under warranty clauses, and default termination were investigated and analyzed in this study.

A Study on the Contractor's Liability for Defect in Public Construction Project - through comparing Civil Law with Government Contract Law - (공공건설사업 하자에 대한 수급인의 책임에 대한 연구- 민법과 국가계약법령의 비교를 통하여 -)

  • Cho Young-Jun;Hyun Chang-Taek
    • Korean Journal of Construction Engineering and Management
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    • v.2 no.4 s.8
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    • pp.69-79
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    • 2001
  • Characteristics of Contactor's Defect Liability was too many discussed. But it's not clearly defined yet. Because recent Government Construction Projects are very complex and executed through long time, too many conflicts were appeared related to Contactor's Defect Liability. Therefore to analyse and to resolve the conflicts legal aspects of Contactor's Defect Liability stated in Civil Law and Government Contract Act was systematically compared. The result of this research is as follows : (1) Characteristic of Contactor's Defect must be regarded as a breach of Contract and be an incomplete contract implementation. (2) To decide the range of Damage, Characteristic of Defect must be regarded. (3) Contactor's Defect Liability must be effectual from the day of delivery. (4) Retainage must be added to secure the completion during the Contract Period and Defect Repairing Liability must be omitted in the Contract performance Security.

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Effects of the contingent liabilities caused by project financing on financial status of the Korean construction firms (프로젝트금융으로 인한 우발채무가 건설기업의 재무상태에 미치는 영향)

  • Kang, Namhui;Kim, Hyunjoong;Choi, Jaehyun
    • Korean Journal of Construction Engineering and Management
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    • v.16 no.6
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    • pp.84-91
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    • 2015
  • Project Financing (PF) is a financing method, executed based upon the projected profitability from a project itself instead of relying on the credit rating of project sponsors or any type of collateral. However, most financial institutions of Korea lacks the long term profitability assessment capability, and they prefer to acquire credit reinforcement from the construction companies in the form of the guarantor or debt argument commitments. As a result, PF contingent liabilities as an indirect debt, are burdened to the construction companies. Even though the PF contingent liabilities are not supposed to be part of the financial statements, they became a mandatory disclosure items since 2009. In this study, PF contingent liabilities were studied to indicate how they were correlated with construction firms' financial ratios. Construction firms were grouped by their credit rating and each group was compared in order to analyze PF contingent liabilities' impact on the financial condition of the company in terms of liquidity, liability, and stability.

정부정책 - 주택거래 정상화로 서민 생활안정 도모

  • 대한설비건설협회
    • 월간 기계설비
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    • s.263
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    • pp.46-49
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    • 2012
  • 정부는 지난 5월 10일 '주택거래 정상화 및 서민 중산층 주거안정 지원방안'을 발표했다. 이번 지원방안은 주택시장 과열기에 도입했던 규제들을 정상화해 시장기능이 원활히 작동하도록 하는 한편 실수요자들의 내집 마련 지원을 확대하고 중소형 임대주책 공급 등 서민 주거안정을 강화하는 것이 핵심이다. 여기에는 $\bigtriangleup$강남 3구에 적용되던 투기지역 지정 해제 $\bigtriangleup$일반공공택지내 분양권 전매제한 기간 2년으로 단축 $\bigtriangleup$민영주택 재당첨 제한 사실상 전면 폐지 $\bigtriangleup$양도세 비과세 대상 주택보유기간 2년으로 단축$\bigtriangleup$2년 미만 보유주택에 부과하던 중과세 세율 부담 완화 등이 포함됐다. 또 자금지원과 중소 임대주택 공급확대를 위해 $\bigtriangleup$우대금리 보금자리론 지원대상 및 한도 확대 $\bigtriangleup$생애최초 주택구입자금 확대 $\bigtriangleup$동일인 대출보증 한도 증액 $\bigtriangleup$세대구분형 아파트 적용 범위 확대 $\bigtriangleup$2~3인용 도시형생활주택에 대한 주택기금 지원한도 증액 $\bigtriangleup$1대1 재건축 주택규모 제한 완화 등도 담겼다. 그러나 이번 대책에는 건설 부동산시장이 고대했던 DTI 규제 완환 방안은 가계부채 증가에 대한 우려 때문에, 취득세 추가 감면 조치는 지방자치단체 재정난에 대한 우려 때문에 포함되지 않았다.

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Adjustment of Contract Price according to Introduction of Pay Adjustment (건설공사 지불규정제도 도입에 따른 공사비조정방안)

  • Lee, Sang-Beom
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.1
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    • pp.175-180
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    • 2010
  • Despite continuous efforts by the construction industry to achieve better quality, it doesn't seem that much has been improved. This is mainly because current specifications do not satisfy a change in the market environment, which is that a higher level of quality is now demanded by users. Quality improvement efforts have been satisfied merely to meet specifications. On the other hand, advanced countries have been experienced great success in their construction techniques and have reduced costs by introducing apay adjustment system to the construction industry, in which compensation is based on performance. Following their example, Koreashould introduce such a pay adjustment system in order to motivate the members of our construction industry to achieve better quality and a higher level of construction techniques. However, there has been a lack of a rational approach to the development of a system for cost coordination, as well as performance and quality inspection. Thus, in this study a legal and logical plan was developed that can be used to adjust the construction cost, along with the performance inspection of quality results, in order to introduce a pay adjustment system that is appropriate for domestic regulations.

The Voluntary Assurance of Quality by Contractors in the Construction Phase (건설 공사단계에서 수급자 중심의 품질확보방안)

  • Cha, Sang-Ho;Lee, Sang-Beom
    • Journal of the Korea Institute of Building Construction
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    • v.11 no.3
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    • pp.292-300
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    • 2011
  • The construction industry in Korea has seen significant improvements in quality management techniques, driven by the dramatic development of new technology through Manhattanization and enlargements, but compared with technical development, the level of building quality improvement is still lagging behind. In the meantime, as the interest in construction quality soars due to changes in user consciousness, the level of quality that is being demanded is rising. The government has reinforced quality systems by implementing responsible supervision requirements and granting overseas companies permission to enter the supervision business in Korea, and private sector companies also are attempting quality improvement through quality assurance approaches like the preliminary qualification screening system and ISO 9000 series. But currently, building constructions are done only according to the construction specifications of project owners, whose design, materials and construction methods are already decided, and do not leave any necessity or opportunity for technical developments for the quality improvement of contractors. Therefore, in this study, a work process and system improvement plan for payment regulations is proposed, with which contractors can secure quality voluntarily in the building construction phase.

Strategies for developing the Appropriation Method of the Construction Quality Cost (건설공사 품질관리비용의 구성요소 및 현실화를 위한 계상방법에 대한 고찰)

  • Park, Kyeong-Geun;Park, Yun-Chul
    • Korean Journal of Construction Engineering and Management
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    • v.12 no.3
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    • pp.101-111
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    • 2011
  • Clients ought to Appropriate the cost of quality management for contractors based on Construction Technology Management Act. The costs of safety management and environment reservation are separately estimated. and the quality management cost is added up to secure the construction quality required on sites. However, the sufficient cost for quality management was not allowed to the contractors, due to the viewpoints of the clients that the quality management should be one of the duties of contractors. In addition, an Account-related legislation enacted a provision of the labor cost of quality management as the one that should be included in the indirect labor cost. From the continuous survey the quality management cost is currently estimated by 0.2% of the total project cost and the contractors protest the portion of the quality management cost is insufficient. Thus, this paper aimed to provide the bases of estimation of the actualized quality management cost considering the viewpoint of contractors.

A Study on the Entry Strategies of Small and Medium Sized Landscape Contractors to Vietnam by Risk Analysis in Overseas Projects (해외사업 리스크 분석을 통한 중소 조경건설업체의 베트남 진출전략에 관한 연구)

  • Tae, Jongwook;Jeong, Daeyoung;Hwang, Joon;Chon, Jinhyung
    • Journal of the Korean Institute of Landscape Architecture
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    • v.46 no.6
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    • pp.1-16
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    • 2018
  • The decline in the construction industry has led to a decrease the profitability of small and medium-sized landscape contractors. To relieve this situation, small and medium-sized landscape contractors have continued to proactively find ways to enter global construction markets. However, many small and medium-sized landscape contractors face risks due to their lack of capacity and insufficient preparations to extend the business abroad. Thus, this study aims to analyze the current condition of the Vietnamese construction market and the related risk factors. It then suggests strategies to improve the small and medium-sized landscape contractors' competitiveness in that market. We investigated the business climate and analyzed risk factors. Finally, we developed expansion strategies and conducted in-depth interviews with six overseas construction professionals. The study results first showed that efforts to improve infrastructure and the increased demand for housing in Vietnam will lead to more opportunities for small and medium-sized landscape contractors entering the Vietnamese construction market. However, changes in the Vietnamese business climate may act as a variable. Second, we found that small and medium-sized landscape contractors' risk factors are mainly related to laws and regulations, government finance, market fluctuations, public administration system, minimum wage increases, financing and bonds, contracting, trees and materials, and design errors. Finally, small and medium-sized landscape contractors are required to consider the following when seeking to enter the Vietnamese construction market: short-term strategy and mid-to-long-term strategy. This study will be used as the basis for small and medium-sized landscape contractors to plan to enter the Vietnamese construction market and to contribute to the expansion of the global construction market in the landscape industry.

A default-rate comparison of the construction and other industries using survival analysis method (생존분석기법을 이용한 건설업과 타 업종간의 부도율 비교 분석)

  • Park, Jin-Kyung;Oh, Kwang-Ho;Kim, Min-Soo
    • Journal of the Korean Data and Information Science Society
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    • v.21 no.4
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    • pp.747-756
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    • 2010
  • With the recent recession, studies on the economy are actively being conducted throughout the industry. Based on the Small Business data registered in the Credit Guarantee Fund, we estimated the survival probability in the context of the survival analysis. We also analyzed the survival time for the construction and the other industries which are distinguished depending on the types of business and assets in the Small Business. The survival probability was estimated by using the life-table and the difference between the survival probabilities for the different types of business was described via the method of the Log-rank test and the Wilcoxon test. We found that the small business with over one billion asset has the highest survival probability and that with less than 1000 million asset showed the similar survival probability. In terms of types of business Wholesale and Retail trade industry and Services were relatively high in the survival probability than Light, Heavy, and the construction industries. Especially the construction industry showed the lowest survival probability. Most of the Small Business tend to increase in the hazard rate over time.

유비쿼터스 시대의 정보보호 추진동향;국방 분야를 중심으로

  • Choe, In-Su
    • 한국경영정보학회:학술대회논문집
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    • 2007.06a
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    • pp.985-990
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    • 2007
  • 정보기술 발전과 활용 확대에 따라 정보보호의 개념과 범위는 지속적으로 확대, 발전하여 왔다. 최근 우리나라 및 주요 선진국은 유비쿼터스 사회 건설을 위해 다양한 노력을 기울이고 있는데 이의 일환으로 정보보호 강화를 위한 다양한 노력도 병행되고 있다. 이러한 추세는 국방 분야 또한 마찬가지이다. 현재 미국방부 등 주요 군사선진국들은 미래전 환경을 대비하여 네트워크중심전 개념의 전략변환을 추진 중인데, 이에 따른 정보보호 문제 대비를 위해 다양한 노력을 추진 중에 있다. 이에 본 고에서는 정보화 환경 변화와 유비쿼터스 시대의 미래전 환경을 대비한 주요 군사선진국등의 정보보호 추진 동향을 살펴 보았는데, 주요 시사점으로는 공통 정보보호 추진 전략 정립 및 세부 기준/지침 강화, 미래전 환경에 부합하는 정보보호체계 개발 및 성능개량, 정보시스템의 보안성 평가/검증 및 관리체제 강화 들과 같이 실질적인 정보보호 추진을 위해 기반을 강화하고, 기존 정보보호 대응수단을 더욱 체계화, 고도화하기 위한 노력을 적극적으로 추진하고 있다고 분석된다.

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