• Title/Summary/Keyword: 계약금액

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법령과고시(1) - 하도급 거래 공정화에 관한 법률 일부 개정

  • 대한기계설비건설협회
    • 월간 기계설비
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    • s.287
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    • pp.65-67
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    • 2014
  • '하도급 거래 공정화에 관한 법률' 법률이 일부 개정되어 지난 5월 28일 공포되었다. 이 법령은 오는 11월 29일부터 본격 시행된다. 개정된 주요 내용은 ${\Delta}$계약체결일로부터 30일 이내에 원사업자는 수급사업자에게 공사대금지급 보증 ${\Delta}$공사대금 지급수단이 어음인 경우 만기일까지, 어음대체 결재수단인 경우 하도급대금 상환기일까지 대금지급 보증 ${\Delta}$공사이행 중 원사업자가 공사대금 지급보증 사유 소멸 시 소멸일로부터 30일 이내에 공사대금 지급보증(다만, 일정한 경우 보증 제외) ${\Delta}$원사업자가 수급사업자에게 공사대금 지급보증을 하지 않은 경우 수급사업자가 한 계약이행 보증을 청구할 수 없도록 했다. 이로써 그동안 어음 수령으로 보호받지 못했던 대금지급 보증을 받을 수 있게 되었고 원사업자의 대금지급보증 면제사유(신용등급 A 이상, 발주자 대금직접지급, 한 건의 공사금액이 천만원 이하)가 소멸된 경우에도 30일 이내에 대금지급 보증을 해주는 등 대금지급 보증 범위가 넓어져 보증금을 원활히 받을 수 있게 됐다. 또한 원사업자가 대금이행 보증을 하지 않을 경우 하수급인의 계약 불이행을 사유로 계약이행 보증을 청구할 수 없는 조항이 신설되어 앞으로 대금지급보증 교부율이 높아짐은 물론 하수급인에 대한 보증을 주로 하는 대한설비건설공제조합의 보증 리스크 감소 효과가 기대된다. 대한설비건설협회(회장 이상일)와 대한설비건설공제조합(이사장 김기석)은 그동안 대부분의 하도급업체인 회원 및 조합원사의 권리보호와 원도급자의 불법 불공정 하도급 거래행위를 개선하기 위해 국회, 국토교통부, 공정거래위원회 등 관련부처에 지속적으로 건의하며 제도개선을 추진해 왔다. 이같은 협회와 조합의 공동노력에 의해 이번에 공정거래위원회에서 일부 개정한 것이다. 개정된 하도급거래 공정화에 관한 법률은 다음과 같다.

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Effects of the Characteristics of the JooTeakYeonKeum Contract on Its Termination (주택연금의 특성이 계약해지에 미치는 영향)

  • Jeon, You Jeong;Yoo, Seon Jong
    • Korea Real Estate Review
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    • v.28 no.1
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    • pp.115-130
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    • 2018
  • This study investigated the factors influencing the termination of the JooTeakYeonKeum contract according to its rate increase, and aimed to identify the differences in the factors affecting the cancellation of the contract according to the collateralized house price range. The results showed that the higher the cumulative increase rate of the mortgage housing price at the time of subscription is, the higher the monthly payment, the larger the gap between the monthly payment and the minimal living expenses for aging, the lower the net population moving rate in the previous month, and the lower the cumulative mortgage. Moreover, the JooTeakYeonKeum contract is terminated. The factors affecting the termination of the contract are different in each interval of the price range of the mortgage housing. To confirm this, a mortgage price range model was constructed and analyzed. The results showed that 60% of the elderly participants in the JooTeakYeonKeum program subscribed thereto with a below-average subsidized housing price. It was confirmed that the factors affecting the termination of the contract differ by price range. Lowering the risk of increasing the JooTeakYeonKeum termination rate will be a significant way of boosting the welfare of elderly people aged 65 and older, and of easing the impact of population aging.

Economic Welfare Study on Seasonal and Time Period Electricity Pricing (계시별 전력가격에 대한 경제적 후생 연구)

  • Yoo, Young-Hoon;Kim, SungSoo
    • Environmental and Resource Economics Review
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    • v.14 no.2
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    • pp.519-547
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    • 2005
  • The aim of this study is to analysis how economic welfare lost happens within the present korea seasonal and time period electricity pricing system and find out reasonable electricity price system acceptable during the transitional period of korea electricity industry restructuring To analyze economic welfare lost in the electricity industry, in advance seasonal and time periodic 9 demand curves(summer, spring &fall, winter/peak-load time, middle-load time, low-load time) and one market supply curve are made and then using these demand and supply curve, seasonal and time periodic market equilibrium prices is calculated. Finally, comparing these market equilibrium prices with present regulated classified seasonal and time periodic prices, the whole economic welfare lost in the electricity industry is calculated. The result of this study shows that in 2002, the total economic welfare lost in electricity industry is 137,770 million Won and under present price system, the worst welfare lost is happening seasonally in spring & fall, time periodically in the middle-load time. Specifically analyzing the characteristics of welfare lost, especially on the industry customers and service customers which are applied in seasonal and time periodic pricing, for the industry customers, the welfare lost calculated in this class occupies 51% of the total welfare lost in the whole electricity industry and the worst welfare lost is happening seasonally in spring & fall, time periodically in the middle-load time. For service customers, the welfare lost calculated in this class occupies 13% of the total welfare lost in the whole electricity industry and the worst welfare lost is happening seasonally in summer, time periodically in the peak time Finally, this study was made based on the year of 2002 and KEPCO has practiced two times of rate change until now. The result of rate change was positively analyzed in the direction of economic welfare improvement(welfare improvement achieved by 16.3% compared to 2002 result).

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Guidelines for Provisional Sum in Public Construction Projects (국내공공공사의 잠정금액(Provisional Sum) 집행기준)

  • Lee, Jae-Seob
    • Korean Journal of Construction Engineering and Management
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    • v.6 no.5 s.27
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    • pp.157-165
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    • 2005
  • Recently, the term 'Provisional Sum(PS)' has been used in domestic public construction projects especially for civil works. Nevertheless, the guideline for PS has not been clearly stipulated in contract documents or construction-related laws. Due to these ambiguous contract situations, disputes between owners and contractors are surely expected to settle down PS in construction projects. This paper focused on suggesting a guideline to settle down PS in these ambiguous contract situations. The guideline suggested in the paper is expected to be used as a reasonable method to settle down PS avoiding nonproductive disputes about PS in construction projects

Seeking Alternative Models and Research Trends for Big Deals in the Electronic Journal Consortium (전자저널 빅딜 계약의 연구 동향과 대안 탐색)

  • Kim, Sang-Jun;Kim, Jeong-Hwan
    • Journal of Information Management
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    • v.42 no.1
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    • pp.85-111
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    • 2011
  • The purpose of this study was to seek a workable alternative to replace a big deal related to the journal budget for the maintenance of academic libraries with the largest issue on the E-journal consortium. The contents of this study was to present it. It had examined the current situation, strengths, weaknesses and corresponding to replace the big deal contract. After reviewing the literature, we looked into the alternative activities for the big deal such as open access-based, usage-based, consortium improvement-based, publishers lead, and other models. As a result, the 'consortium cost reapportion model' was an alternative for the KESLI. The alternative was in the short term for cost division format, but long-term oriented for a consortium single(bloc) payment type or national licence model. The model was based on the data from the last year. It had evaluated download the PDF and HTML documents, but the three times weighting more than others, and the rest of 14 factors of 0.5 to 5 out of 100 total score. The total amount negotiated by national units 10, 20 and 30 grades for the final step was allocated to the participating library on the KESLI consortium.

A Study on the Policies to improve the Escalating Regulations of Construction Price - With a Focus on Results of a Delphi Survey - (물가 변동에 따른 건설공사비 조정 제도의 개선 방안 - 델파이(Delphi) 설문 조사 결과를 중심으로 -)

  • Choi Min-Soo
    • Korean Journal of Construction Engineering and Management
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    • v.5 no.6 s.22
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    • pp.203-211
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    • 2004
  • This study is the results to survey on the problems and improvable Policies for current escalation system in construction contracts, through a Delphi survey to experts. From the survey results, it is desirable to decide the fluctuation rate of construction cost, which is the requirement of escalation clause, on the basis of inflation rate or construction cost index. The desirable price fluctuation rate is proposed as a $3\%$ level. However, it is difficult for construction companies to cope with the sudden increase of material price in advance, arising from short-term shock factors such as exchange rate and international raw material's price. Accordingly escalation system for specified materials, as an exceptional mode, should be introduced. As a method to calculate the fluctuation rate, ARCA(adjustment rate for the categories of articles) is more desirable than ARI(adjustment rate for an index), because the ARCA can be more reflected the characteristics of each construction work.To rationalize the ARI method, it is needed to announce the wage index, material index and machinery expense index via detailed classification by construction types. Also, it is desirable to prescribe the bidding date as a starting date of the price change, rather than contact signing date. considering the price change can happen since the biddiilg stage.

Development of an Unit Cost Modification Model for Proper Actual Cost Data in Small Building Construction Projects (소규모 건축공사의 적정 실적공사비 단가보정 모델 개발)

  • Kim, Kang-Shik;Hyun, Chang-Taek;Hong, Tae-Hoon;Jo, Seong-Min;Mun, Hyun-Seok
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.1
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    • pp.81-89
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    • 2010
  • Since 2004, the government has changedthe cost estimate system to one of an actual cost basis in order to calculate the optimum construction cost by reflecting changes in circumstance on the construction site in a timely manner. Currently, this is being applied to public construction work forover a billion won of actual cost data in estimation by contract unit cost. However, directly reflecting actual cost, which for large-sized construction work was originally an average unit cost, to a small building, entails the application of a low discount rate for the cost of materials, labor, etc. and therefore can frequently give rise to cases in which the actual cost of work performed exceeds the contract sum, which in turn causes problems such as decreased revenues, bad effectson business operation, productivity, etc. Therefore, to apply actual cost to small-sized construction work (less than a billion won), there should be a plan to modify unit cost in a manner that can reflect project scale, etc. in order to resolve the problem of unit cost application of actual cost to small-building construction projects. The unit cost modification model for proper actual construction cost in small-scale construction projects developed by this study will help to increase the relevant productivity and proper gain, preventing the aggravation of business operations. Organizations placing orders are also expected to be able to secure a more realistic construction cost in arranging the budget.

An Improvement Scheme of Direct Load Control Program for Electric Power Demand Management (합리적 전력수요관리를 위한 직접부하제어 사업의 개선 방안)

  • Kim, Kyu-Ho;Choi, Seung-Kil;Song, Kyung-Bin
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.21 no.8
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    • pp.81-86
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    • 2007
  • This paper proposes the scheme to improve the current direct load control(DLC) program by inspecting the problems of the DLC program. In order to increase the number of the customers participating DLC program, a reduction of the base incentive and an increase of the direct load control incentive are suggested based on the interruption cost of electric power considering the characteristics of load types and the introduction of demand side bidding is recommended. Secondly, the standards of power system operations is required to control DLC program efficiently for the penalty, interruption times, the number of interrupting loads, notice time for the load interruption and the periods of the DLC program contract.

A Study on Court Auction System using Ethereum-based Ether (이더리움 기반의 이더를 사용한 법원 경매 시스템에 관한 연구)

  • Kim, Hyo-Jong;Han, Kun-Hee;Shin, Seung-Soo
    • Journal of Convergence for Information Technology
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    • v.11 no.2
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    • pp.31-40
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    • 2021
  • Blockchain technology is also actively studied in the real estate transaction field, and real estate transactions have various ways. In this paper, we propose a model that simplifies the authentication procedure of auction systems using Ethereum's Ether to solve the problem of offline court auctions. The proposed model is written in Ethereum's Solidity language, the court registers the sale date and the sale date with the DApp browser, and the bidder accesses the address of the individual's wallet created through Metamask's private key. The bidder then selects the desired sale and enters the bid price amount to participate in the auction. The bidder's record of the highest bid price for the sale he wants is written on the Ethereum test network as a smart contract. and creates a block. Finally, smart contracts written on the network are distributed by the court auction manager to all nodes in the blockchain network, and each node in the blockchain network can be viewed and contract verified. As a result of analyzing the smart contracts of the proposed model and the performance of the system, there are fees incurred due to the creation and use of Ether on platforms using Ethereum, and participation. Ether's changes in value affect the price of the sale, resulting in inconsistent fees in smart contracts each time. However, in future work, we issue our own tokens to solve the market volatility problem and commission problem with the value change of Ether, and refine complex court auction systems.

A Study on the Unfair Aspect of Specific Provisions in the Construction Contract : Counterplan and Institutional Reformation (건설공사 계약서상 불공정특약에 대한 대처방안 및 제도개선에 관한 연구)

  • Choi Jea-Won;Park Keun-Hyung;Kim Yong-Su
    • Korean Journal of Construction Engineering and Management
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    • v.5 no.6 s.22
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    • pp.146-153
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    • 2004
  • The purposes of this study are to survey unfair aspects of specific provisions in the construction contract, and to suggest counterplans and institutional reformations. The research method of this study includes judicial precedent analysis and a questionnaire survey, The results of this study are as follows: 1) the main problems of unfair specific provisions are payment condition, shifting of the responsibility and adjustment in the contract sum. 2) counterplans ate suggested according to the construction phase : bid, construction and completion phase. 3) institutional reformations include firming up regulations, supervision, invigoration of claim, development of variation guideline, and so on.