• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.505-508
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• 2008

It's hard to express a lot of information within the drawings and the specifications as construction projects have gradually become large-size and complex. So, disputes are caused by that and reason that the usual practice(culture) of contract of the constructions in Korea is based on unfair rather than the fair principle between clients and contractors. However, the contractors don't try to solve this kind of things because they are worried about at their disadvantage situation. Therefore, this paper deduced the factors in the pre-dispute phase by analysing the cases of the civic counseling in the office of supply and the pre-dispute factors, and conduct analysis on the factors' importance by using AHP. The results will be used for a check-list to prevent the disputes.

• Journal of Digital Convergence
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• v.11 no.10
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• pp.71-77
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• 2013

Broadcaster and production studio inevitably take the risk in Korea because the outsourced drama is contracted before produced. However, it is important for both parties to share risk and reward. This study seeks to assess the fairness of the copyright contract between broadcaster and production studio by examining whether they both have the balanced risk and reward structure. For the study, revenue and cost elements with their amounts are identified, which come from TV commercials, oversea sales, the secondary windows, sponsorship, and product placement. Next, the revenue and COGS (Cost of goods sold) of broadcaster and studio are estimated for both cases of when drama becomes successful or not. The analysis reveals that the current copyright agreement allows broadcaster hold low risk but high reward whilst production studio takes high risk low reward. However, the result doesn't imply that government intervention is justified because demand and supply determine the negotiation power in a free economy.

• Korean Journal of Construction Engineering and Management
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• v.10 no.6
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• pp.48-57
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• 2009

As recent construction projects have gradually become larger in size and complex, construction documents such as drawings and specifications revealed the limitations that can not express all the necessary information. Due to the lack of stipulations on the contract, disputes arise among contracting parties. Traditionally, many construction companies in Korea make an unfair agreement with the clients so that the irrational items are included in their contract documents. Potential dispute factors are triggered as a result of misleading or omitted items on the written documents. This paper analyzed the civic counseling cases obtained from the public procurement service in Korea, and identified the potential dispute factors that can occur during pre-dispute stage alone with their influence analysis. The results found from this study can be used for the development of checklists that prevent the dispute in the process of construction projects.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.527-530
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• 2007

The construction market has gradually become complexity, variety and specialization, and then owner's requirements about quality has become various. In order to solve the problem such as stated above, advanced constructions in France, United Kingdom, Japan and United States have introduced warranty contract which is warranted to quality and performance for need of owner in determined term to ensure the quality of construction since 1960s. In addition to, domestic constructions have been meeting with international competition because of the open BOT market from FTA. Finally, this study proposed new warranty delivery system model in PFI on considering domestic status by benchmarking the delivery process and the characteristics of the warranty contract which is applied to PFI of global.

• Journal of Digital Convergence
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• v.13 no.3
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• pp.11-18
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• 2015

After entering a convergence era, South Korea Government has enacted and announced the Standard Contract on the e-Learning Content Development Project, a year and eight months has passed. Nevertheless, there has been continued still the unjust and unreasonable contract practices issues raised by project owner in the e-Learning industry. This study investigated application status of the Standard Contract via FGI and questionnaires and suggested its improvement alternative. This study analyzed that the Standard Contract has not taken root at all in ordering of the e-Learning content development project and not reaped the effect. This study presented alternatives such as mandatory application of the Standard Contract, education and outreach, introduction of the monitoring system, certification system implementation, granting of additional points in the evaluation of agencies and CEO and etc. to that standard contract is settled as the government's intentions and objectives in the e-Learning industry field.

• International Commerce and Information Review
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• v.14 no.3
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• pp.453-479
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• 2012

The increase in international trade is clearly reflected by litigation and arbitration. Despite the importance of international commercial transaction, until very recently little was known about how the law interacts with actual practice. The CISG obviously plays an important role, but we are concerned with using choice of law to resolve issue that the CISG leaves unresolved. The case law UPICC is now accessible by means of UNILEX, the database on international case law that focus on CISG cases. The courts and arbitration tribunals throughout the world are developing a growing body of international case law on issues not resolved by the CISG, though arising from transactions to which the CISG applies. The application of the CISG is obligatory due to its nature as hard law an international convention. However, UPICC are only restatements and more flexibility, comprehensive instrument than CISG. This article offers to promote the UPICC application from their present status as a mere soft law instrument through analysing UNILEX cases.

• Journal of the Korea Society of Computer and Information
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• v.13 no.4
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• pp.255-262
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• 2008

It is settled in the economic arena that electronic commerce which used the Internet is new recently by explosive increase of the rapid development and Internet use of the information and communication technology. The problem that is legitimate at a point called the business of the form that the electronic transactions to set together if I drift are new of the times is the situation caused a lot. However, the use custom of construction and electronic transactions of the maintenance that is the legislation thief who can do rules of electronic transactions is the fact that it was not able to be still established It may not be just applied to the Internet electronic transactions that an exchange promise between our characters does against unspecified number of the general public person in the property even if I say that the conclusion of the purchase agreement is concluded in Internet electronic transactions by EDI method. That can have the approval of contract in the main legal problem of such an Internet electronic transactions contract. We civil law sorts it by a contract between the talks characters and a contract between the remote area people and all the adopted children are equal and must decide the formation of contract time in a principle of Empfangstheorie because it may be said that the rule of the civil law that it be heated and decides to be able to be available is irrational.

• Korean Journal of Construction Engineering and Management
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• v.15 no.3
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• pp.12-22
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• 2014

In recent, many Korean contractors have tried to extend their business area into the overseas construction market, mainly as a result of a reduction in their domestic construction market. However in terms of risk, overseas construction projects are likely to face a number of unpredictable problems, many of which occur as a result of differences in contract cultures and construction environments between Korea and other countries. One key issue facing overseas construction projects in particular, is that of sub-contracting and control, and the way in which many countries of Commonwealth of Nations operate a unique subcontracting method well known as a nominated sub-contractor(NSC). This paper introduces the NSC system and differences as comparing among standard construction contract forms, such as JCT, SIA, HKIA and PAM. in UK and Asian Commonwealth of Nations. Also, we attempt to classify the type of the NSC system through the consideration of NSC clauses in accordance with the objection and termination of NSC contracting respectively.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.341-344
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• 2002

Claims are on an increasing trend in the domestic construction field with changes of negative thought about them. But there are still many factors of causing disputes Potentially due to old customs that an owner is predominant over a contractor. Unless these factors are solved, it is obvious that many disputes will occur henceforward. This study derives claim factors that must be solved first of all through analyzing how claim factors influence construction management factors such as time, cost, quality, and presents countermeasures that may prevent these claims.

• Korean Journal of Construction Engineering and Management
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• v.24 no.1
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• pp.12-20
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• 2023

To calculate the amount of owner-caused and contractor-caused delays based on a simplified delay analysis, which has been customarily used in Korea, has a limitation in reflecting the impact of the concurrent delay and the acceleration work. It also resulted in the apportionment of liquidated damages by applying the ratio of the number of delays between the owner and the contractor. This study analyzes that the conventional method does not meet the international standards. In order to improve the problem of construction delay analysis and the apportionment of liquidated damages based on it, owner delays, contractor delays, concurrent delays, and the impact of acceleration should be analyzed together. This study suggests that in the apportionment of liquidated damages, the extension of time should be extended by the sum of concurrent delays and the owner-caused delays, and liquidated damages should be imposed on delays incurred after the extension of time. It can be seen that it conforms to the international standards. The results of this study are expected to contribute to improving the problems of delay analysis and liquidated damages calculation, which have been conventionally accepted.