• Journal of Korea Port Economic Association
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• v.29 no.3
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• pp.135-158
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• 2013

There have been many conflicts in Pyeongtaek-Dangjin Port among central government, metropolitan council, and cities over the jurisdiction of reclaimed port area, an international passenger terminal construction and a bridge between the port and Dangjin area. This study found out two causes for the conflicts in terms of governance. First, the current governance structure of Pyeongtaek-Dangjin port has high levels of conflict and disputes among stakeholder. Second, there is no leading agency which is responsible for the future development of the port. It is very important to decrease the possibility of conflict and to establish leading agency. Measures to decrease the likelihood of conflict include establishment of conflict resolution mechanism, the clarification of the facts and applicable law, mutual exchanges between stakeholder. Measures to establish a leading agency include the introduction of a single governance, establishment of Pyeongtaek-Dangjin Port Authority, central-local combined governance, and empowering PA to do all port management.

• Management & Information Systems Review
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• v.29 no.3
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• pp.71-96
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• 2010

This article firstly reviewed Permanent Established(PE) concept of OECD and UN model tax treaty and compared it with that of Korean Corporate Income Tax Law(CITL). The various factors regarding profit like ways of deciding the local source profit, scope and calculation method which will be imputed to PE were also reviewed. Based on above, standard PE judgement basis and calculation method of local source profit were also studied by using actual cases in foreign corporation which performs plant construction & sales in Korea. Accordingly to properly solve the conflict regarding international tax and to protect the tax authority against the foreign corporation in Korea, by standing on equality, I now propose followings for the better concept of PE in Korea. Firstly, the article that a building site or construction or installation project constitutes a PE only if it lasts more than 6 months should be modified to reflect OECD model convention's criteria of 12 months. Second, the scope of 'subordinate attorney' which is regarded as PE under CITL is now including 'holding-delivery attorney', 'order attorney', and 'assurance attorney' as well as 'contract attorney'. This is overly limit the activities of foreign corporation. It had better be loosened only to include 'contract attorney' as OECD provisions. Third, the CITL limits the cases of preparatory and/or auxiliary place which is not regarded as PE, thus limit the foreign corporations' business by expanding the concept of PE. This had better be eased. Fourth, in deciding the amount of local source profits, the CITL stipulates to split the profits by the relevant contribution of transaction parties through 'profit split method'. To solve the conflict, the ways of profit split must be better clarified through providing object and detailed standard and basis.

• Korean Journal of Construction Engineering and Management
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• v.16 no.3
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• pp.165-176
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• 2015

Recently many Korean large-sized construction companies as well as specialty contractors have been expanding their business in the overseas market to mitigate impacts from long-term stagnation in the domestic market. Such as a result, it has been arisen as a major issue that contractors effectively manage the delays which have been commonly faced with in international mega-projects. Therefore it can be said that the ability of the delays management leads a success of project. This paper presents a review of literature for delay analysis methods such as time impact analysis(TIA) and raises practical problems to rationally substantiate the duration of extension of time(EoT) in international mega projects which have wide scope of works as well as complicated and detailed contract baseline programs by taking theoretical approaches. We suggest the two improvement concepts to substantiate the EoT claims which are effectively applicable to practical projects. The first is to sort out dominant delays among numerous delays in advance of applying a delay analysis. The second is to set up the delay sections with the advanced concept for analysing delays' effects by TIA. This study performed a case study on an actual international mega-project. to confirm the effectiveness of improvement concepts that this practical approach is applicable for the assessment of EoT. In conclusion, this paper supposes to provide practitioner in charge for an EoT claim with an advanced substantiation methodogy when they not only analyse the construction delays by using TIA, but also negotiate with stakeholders about with the assessment of EoT.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.37 no.6
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• pp.1053-1061
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• 2017

The study is concerned with providing the improvement method on making a reasonable and scientific decision on the damages accrued from the bid rigging in the construction work. According to the review on the precedent studies and decision cases on the damages caused by bid rigging, the representative problems include the insufficiency of the classification system on the damage calculation method and the omission of the necessary stage in the damage determination process. First, the improved classification system on calculating the damages caused by bid rigging is presented with the application to the bid rigging in the construction work by adding the ratio factor in addition to the damage calculation parameters such as price and cost. Second, the standard procedures organized with six stages is presented as the process required for determining the damages if the indemnification for bid rigging is claimed. The study becomes the foundation for resolving the problem with the undue burden on a party and for preventing the opportunity loss by resolving a dispute early through the improvement classification system and standard procedures presented in the study.

• Journal of the Korea Institute of Building Construction
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• v.14 no.5
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• pp.467-476
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• 2014

According to the expanding of construction machinery works, the number of civil complaints demanding compensations are increasing continuously from surrounding residents due to the noise from construction fields. However, the noise is usually managed restrictedly during the construction phase rather than prevented in advance. So, the efforts to solve the noise problem are occurring only after complaints have been made. Also, excessive cost and time consuming in order to solve the complaints negatively affects to construction companies. Therefore, the purpose of this study is to develop an optimized scheduling process model for controlling the noise in construction field by considering the planned time, cost, and the number of equipment before construction. In addition, this process model is expected to provide a useful information about the cost comparison between the original planned cost plus compensation and the optimized cost considering noise limitation so that the site managers can manage their projects effectively.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.103-141
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• 2022

Traditionally, schedule analysis in Korea has been used, mainly through the Critical Path Method, to evaluate the claim for extension of time and/or the amount of liquidated damages for delay. Critical path method, however, cannot identify the delay event and its impact occurred in non-critical path especially in multi facility projects. In multi facility projects that comprise several independent but related facilities or structures, each facility has its own facility critical path the duration of which will be impacted by facility specific critical delays. Thus, only through the non-critical delay analysis along with the critical delay analysis damages not attributable to contractors may be remedied in full. Because all the records and pictures can reveal what has actually happened in post contract review, only the retrospective analysis rather than the prospective analysis based on the assumptions can establish the cause and allocate the each parties' responsibilities appropriately.

• Korean Journal of Construction Engineering and Management
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• v.18 no.6
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• pp.65-77
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• 2017

Recently, many Korean major construction companies are suffering from profit loss mainly due to a direct impact from delays in their overseas projects. In general, changes are inevitable in a large-scale project, and most of changes are directly linked to construction delay. Therefore, in the event that an extension of time is necessary due to a change, the contractor must manage the delay based on the condition of the contract to effectively manage risks from delay to the completion date. Thus it is important to understand delay protocol defined in the condition of the contract early in the project, but there have been few or no study to propose methodology or tool to support this effort. This paper presents a review on the project planning and controling practices of major Korean construction companies along with the issues on delay claims and disputes in mega-international projects and suggests a tool to assess delay risk in the condition of the contract. To propose a delay risk assessment model for international construction projects, major standard conditions of contract have been reviewed including FIDIC Red Book(1999), PSSCOC(2014) and SIA 9th Edition(2010). To reflect recent trend of major international owners, standard conditions which they are utilizing for their projects also have been reviewed including those of ARAMCO and QP. The model provides a categories of risks to be reviewed on the condition of the contract along with standard level of the risk which is common in the international standard form of the contracts. This study also performed a case study on an actual international project to confirm the effectiveness of proposed model to identify and respond to a delay risk of a project.

• Korean Journal of Construction Engineering and Management
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• v.15 no.3
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• pp.74-82
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• 2014

The proportion of apartment housing has been increased to solve the housing problems resulted from rapid growth in urban population and urban economy. With the increase in apartment's proportions and the concern about quality of housing, the contractors have made efforts to satisfy the customers in improving the quality of housing. Despite these efforts, the conflicts between the contractor and the customers are getting serious. Also the disputes and the litigation of defect are increasing because of the contractor's negative treatment and inadequate countermeasure. In this study the defect lawsuits which bring actions against the contractors are collected and analyzed. And then the strategic countermeasures are proposed according to the classifying the type of defect and size. The suggested countermeasure model before the defects are resulted is expected to contribute in developing the contractors strategies to reduce the conflicts against customers.

• Korean Journal of Labor Studies
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• v.24 no.3
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• pp.109-142
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• 2018

This paper aims to analyze the Award wage system in Australia for construction workers. Considering low wages and precarious employment situation of construction workers in general, it is of advantage especially for them in Australia. Furthermore, it seems to be instructive for Korean construction workers, who stand in more precarious and unstable situation and furthermore are lack of fair wage and social safety. After strong and longstanding labour struggle in the late 19th century in Australia, it has been established a tripartite institution called as 'tribunal' between trade unions, employers, and the government. Under the highly institutionalized form of industrial relations, it functions as an arbitration and conciliation system between labour and management. The Award wage system stands in the middle point. This Award wage system including various welfare provisions is settled by the tribunal, today renamed as Fair Work Commission. In this wage system should be defined level of minimum wages according to the various skill levels, which are in turn connected with compulsory superannuation and Medicare as well as vocational education and training. Furthermore, it provides especially for the construction workers, who suffer from job instability, so-called 'portable benefits', which relate to long service leave and redundancy pay. Considering general conditions of precarious construction workers in Korea, In that respect, the Australian Award wage system would be very instructive for our social wage and safety system for construction workers.

• Journal of the Korean Institute of Landscape Architecture
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• v.48 no.4
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• pp.8-18
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• 2020

This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.