• Title/Summary/Keyword: 건설분쟁해결

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Cooperative Framework for Conflict Mitigation and Shared Use of South-North Korean Transboundary Rivers (남북한 공유하천의 갈등해소와 공동이용을 위한 협력체계)

  • Lee, Gwang Man;Kang, Boosik;Hong, Il-Pyo
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.28 no.5B
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    • pp.505-514
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    • 2008
  • The Imjin and North Han River are sharing watershed between South and North Korea. In Imjin river basin, the April 5th dam and Hwanggang dam which are already constructed or on constrution, causes problems in water supply in the downstrean area. At the same time, in the North Han River basin, the Imnam dam is being operated for diversion to Anbyeon Youngman Hydropower Plant and it gives rise to conflict between South and North by reducing streamflow in the North Han River of South Korean side. Therefore, a cooperative framework needs to be built for settling the pending issues. In this study, based on the theory of conflict resolution in the international shared river basin, the practical alternatives are suggested. These approaches are expected to help in preparing reasonable resolution ahead of seeking political decision. Also, in order to preparing consistent and reasonable river management measures, the South-North shared river management commission was suggested.

A Study on the Suggestion of Construction Contract Practice in the Public Project through the analysis of Construction Claims (건설클레임 사례분석을 통한 입찰 및 계약제도 개선에 대한 연구)

  • Cho Young-Jun;Hyun Chang-Taek
    • Korean Journal of Construction Engineering and Management
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    • v.2 no.1 s.5
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    • pp.78-87
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    • 2001
  • Recently many construction claims related to the ommission and discrepancy of design document are alleged since 1998 and various dispute resolution methods are appeared. But many contractors alleged claims are not satisfied with the result because of not sufficiently reflecting construction practice. The purpose of this study is to analyze the liability of contract privity from the view point of the contract related law and to analyze the claims and claim factor, and to suggest construction contract practice in the public project. The construction claims related to the design document may be minimized, through (1) the accumulation and retrieval of standard forms by owners' type, (2) the usage of specified specification considering project characteristics, (3) the materialization of detail subsurface design and various contract method in heavy engineering construction.

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Estimate the Period and Cost of Projects by Estimating the Conflict Index - Concentrated on the Apartment Reconstruction Project - (갈등지수 산정에 의한 사업기간 및 비용 예측 - 공동주택 재건축사업을 중심으로 -)

  • Lee, Ro-Na;Lee, Hak-Ki
    • Korean Journal of Construction Engineering and Management
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    • v.13 no.1
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    • pp.87-94
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    • 2012
  • The apartment reconstruction projects have the proper functions such as residential environment improvement and the new housing allocation system; however, intention of the projects are distorted by the combination of factors, like failure of relocation of the original occupants and income redistribution, speculation in real estate, sharp rise in housing price, disputation between various interested parties, inadequate system and etc and it makes the projects unable to go well. Disputations and litigations are due to spread of the small conflict. As a result of the problems, it could not going smoothly and that lead to increase or stop the period and cost. This study is to estimate the period and cost using the conflict index so as to prevent and solve the problem which is among the conflict in the reverse functions. The conflict index has estimated focus on the conflict impact and the period and cost has been estimated using an variable independent including the conflict index. Also, estimated the conflict index and estimate of the period and cost are able to succeed with a minimum of disputation and money.

Analysis of the Right of Light According to Construction (구조물 설치에 따른 일조권 영향 분석)

  • Choi, Hyun;Han, Byoung-Cheol;Son, Kyeong-Sook;Kang, In-Joon
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.22 no.2
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    • pp.95-103
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    • 2004
  • Recently, many troubles about the right of light have been arising ceaselessly as taller and more dense the buildings have been in the urban. The present time, the right of light is not stipulated legally. For solving above problems, there spend so too much lawsuit expenses and time on the damages about construction stopped and delayed, according to subjective decisions instead of scientific and rational solutions. The past studies of the right of light weren't based on the analytic data and depend on the simple view of point. So, those of studies gave trust to people hardly, only were treated as the ways on the decision about construction among non-engineers. Therefore, this paper studies the efficient solution of problems about the right of light through analysis about mass of sunlight according to season and the hour using a simulation technique on the civil construction.

A Study on the Contractor's Liability for the Defects in the Public Construction Works (공공건설사업의 하자에 대한 수급인의 책임에 관한 연구)

  • Cho Young-Jun;Hyun Chang-Taek
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.46-53
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    • 2002
  • Although Public Construction Works in Korea have been executed according to Government Contract Act, and nature of contract is very complicated. So it is difficult to define liability for the defects. Therefore the studies on the defective performance and contractor's defects liability were remained one of the non-cultivated virgin land. As a result, contract privy waive the right to claim or generally resolve the problems. Therefore domestic and overseas liability for the defects was investigated and liability for the defects, under and after construction, on the defective performance and defects, was analysed. With a literature research, contractor's defect liability was systematically analyzed, problems were defined and resolution of the problem were suggested item by item in this study.

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Development and Application for Stable Technology Agricultural Water Management in Recurrent Drought Areas of Geum River Basin (금강권역 상습 가뭄지역의 안정적인 농업용수 공급관리 기술 개발 및 적용)

  • Kim, Da Ye;Hong, Eun Bi;Maeng, Seung Jin;Lee, Gwang Ya;Park, Ji Seong
    • Proceedings of the Korea Water Resources Association Conference
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    • 2021.06a
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    • pp.74-74
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    • 2021
  • 우리나라의 농업용수 사용량은 152억톤으로 우리나라 전체 물 사용량의 약 42%이며, 농업용수의 관리는 전체 논 면적 865천ha 중 한국농어촌공사에서 487천ha(56%), 지방자치단체에서 221천 ha(26%), 수리 불안전답이 157천ha(18%)이다. 또한 우리나라에 설치된 저수지, 양수장 등과 용수로로 공급되는 농업용수 공급량 중 논에 유입되지 못하고 퇴수되는 물이 약 43%이다. 농업용수 급수 중 용수로의 수위가 낮아 급수관을 통해 논에 유입되지 못하고 배수로로 퇴수되고 있는 실정이다. 농업용수 급수가 원활하기 위해서는 용수로의 수위를 20cm이상 확보하여야 급수관을 통해 논에 급수가 가능하다. 하지만 현장에서는 이러한 물 공급의 문제점을 해결하기 위해 용수로를 비료포대 등으로 막아서 사용함으로써 용수로 시설물의 관리가 되지 않고 토사가 쌓여 급수 애로가 가중되는 상황으로 시설물 관리를 위한 용수로 준설 등 시설 유지관리비가 발생하고 있다. 특히 금강권역(금강, 만경강, 동진강, 삽교천, 충남 서북부)에서 상습적인 가뭄 발생으로 농업용수 사용에 관한 분쟁이 상시적으로 도사리고 있는 실정이다. 이러한 문제를 해결하기 위해 농업용수의 급수 손실을 최소화하며 원활하고 안정적인 용수를 공급하고자 하였으며, 농민을 대상으로 설문지를 작성하여 응답을 분석하고 농민들의 요구사항을 개선하기 위해 법·제도, 거버넌스, 재원 및 기술·시설로 구분하여 제시하였다. 또한 과거 관행에 의한 유말부 용수공급에 탈피해서 원활한 용수공급이 가능하고 유지관리가 쉬운 장치인 부력식 제수문을 선정하고 제시하였다. 따라서 본 연구에서는 금강권역 상습 가뭄지역의 안정적인 농업용수의 공급관리를 위한 기술 개발 및 적용을 실시하고, 농업용수 공급관련 정량화된 손실현황을 분석한 후 수위확보 장치 적용 전·후 모니터링으로 효과 분석을 실시하였다.

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건설소음으로 인한 인체 및 가축피해 상관관계

  • 은희준
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 1998.04a
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    • pp.710-721
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    • 1998
  • 본 논문에서 추구하는 내용과 목표는 현실적인 필요성에도 불구하고 그의 과학적이고 객관적인 규명을 위한 연구가 미진했던 것이 사실이다. 가장 큰 이유는 비교적 단기간에 할 수 있는 소음의 각종 물리적 특성에 대한 연구와는 달리 소음과 생명(인체 및 동물) 사이의 관계에 대한 연구는 장기간 노력이 필요하기 때문이다. 이러한 의미에서 이 논문은 이 분야에 대한 국내의 연구노력에서 중요한 시발점이 되고 있다고 믿는다. 무엇보다도 소음에 의한 인체피해와 가축피해의 인과관계를 규명하여 피해량 산출의 근거를 마련한 것은 큰 의미가 있다고 생각한다. 물론, 이들 결과는 현재로서는 객관적 처리가 가능한 요소들만을 바탕으로 하고 있고, 앞으로 계속 보완되어야 할 여지는 있지만, 현장 조사에 따른 여러 가지 사회적 혹은 인간적 요소들이 적절히 반영되어 종합적으로 고려될 때 소음 피해분쟁 해결에 만족할 수준의 체계성과 일관성을 유지할 수 있으리라고 기대한다.

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A Study on the Proper Methodology for Clauses of Delay Claim in the Accounting Regulation to Prevent Delay Claims (국내 회계예규상의 공기지연 클레임 관련사항의 개선방안)

  • Kim Jae-Wook;Lee Hak-Ki
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.287-291
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    • 2002
  • A construction claim is generally caused by several causes, and in the case of developed countries, the most fundamental problem in most claims is a delay claim. Also, it is predicted that the trouble will increase by this one in a domestic case as well. Even though the construction claims occurred by the delay claim are the most frequent ill construction project, it is very difficult to analyze due to the complexity of occurring forms. Therefore, the rational judgement and the solving method need to be concerned through the accurate understanding the clauses accepted in a international contract execution and a domestic contrail when the claim occurred. The purpose of this study is to present problems and improving methods by comparing FIDIC with a domestic accounting regulation in order to expand a general condition into the international contract condition.

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An Analysis of Judicial Precedents for Progress Payment to Subcontractor - Focused on Public Construction Projects - (하도급대금 직접지급에 대한 쟁점판례 분석 - 공공 건설공사를 중심으로 -)

  • Lee, Dong-Hoon;Kim, Sun-Kuk;Song, Yong-Sik;Kim, Baek-Yong;Lee, Won-Suk
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.1
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    • pp.111-120
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    • 2010
  • The public construction industry in Korea involves a variety of stakeholders, encompassing multiple layers of contractual relationships that crisscross between the State as project client and the contractors, as well as subcontractors. In such a hierarchical landscape, managerial crises of contractors involving bankruptcy or insolvency can result in unexpected damages for both clients and subcontractors. Accordingly, the applicable legal framework requires project clients to act as patrons in relation to making payments to subcontractors, and stipulates provisions pertaining to direct payments to subcontractors in order to promote the balanced development of the national economy in terms of the public interest by protecting small and medium-sized businesses working as subcontractors for large businesses. However, the relevant legal documents provide for different payment criteria and procedures from document to document, and leave room for variations in the interpretation and construction of applicable provisions, which leads to disputes and discrepancies in court rulings. For this reason, it is necessary not only to compare and analyze statutory provisions pertaining to direct payment to subcontractors, but also to review issues of contention in actual cases. This study aims to analyze issues in cases involving payment to subcontractors from the perspective of the project client overseeing and supervising the construction business. The conclusions from such an analysis will help to effectively resolve subsequent cases of a similar nature by suggesting a strategy to improve the relevant statutory provisions pertaining to direct payment to subcontractors.

Exploring Delays of The Mega Construction Project: The Case of Korea High Speed Railway (대형 건설사업의 공기지연분석: 경부고속철도 건설사업을 중심으로)

  • Han, Seung Heon;Yun, Sung Min;Lee, Sang Hyun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.26 no.5D
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    • pp.839-848
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    • 2006
  • Korea has become the 5th country to own and operate the high speed railroad in 2004. However, there were many difficulties until Koreans enjoy the first bullet train service with the average hourly speed of 300km. The high speed railroad requires elevated quality standards differently from the traditional railways. In addition to the technical difficulties, the construction project itself was an unpleasant case with huge delays and cost overruns mainly due to the lack of experiences, deficiency of owner$^{\circ}{\O}$s role, and increase of public resistances triggered by environmental concerns. This paper analyzes the reasons for delays on this mega-project. With respect to the characteristics of the whole project level, it is very complicated/linear project, whose total length is around 412 km with the composition of various sections in the route of the railway which have basically different conditions. For that reason, the analysis is performed in both macro and micro level. First, macroscopic analysis is performed to find critical subdivisions in the railway route that induces the significant delay in the opening due date. Then, microscopic analysis is followed to quantify the causes and effects of delays focused on these critical subdivisions in more detailed way. Finally, this paper provides lessons learned from this project to avoid the decisive delays in performing the similar large-scaled projects.