• Title/Summary/Keyword: 계약기준

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A Study on the Construction of Computerized Algorithm for Proper Construction Cost Estimation Method by Historical Data Analysis (실적자료 분석에 의한 적정 공사비 산정방법의 전산화 알고리즘 구축에 관한 연구)

  • Chun Jae-Youl
    • Korean Journal of Construction Engineering and Management
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    • v.4 no.4 s.16
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    • pp.192-200
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    • 2003
  • The object of this research is to develop a computerized algorithm of cost estimation method to forecast the total construction cost in the bidding stage by the historical and elemental work cost data. Traditional cost models to prepare Bill of Quantities in the korea construction industry since 1970 are not helpful to forecast the project total cost in the bidding stage because the BOQ is always constant data according to the design factors of a particular project. On the contrary, statistical models can provide cost quicker and more reliable than traditional ones if the collected cost data are sufficient enough to analyze the trends of the variables. The estimation system considers non-deterministic methods which referred to as the 'Monte Carlo simulation. The method interprets cost data to generate a probabilistic distribution for total costs from the deficient elemental experience cost distribution.

The Improvement Plan of Project Delivery Systems in the Public Construction Projects (공공건설사업의 발주방식 개선방안)

  • Choi, Eun-A;Kim, Hyun;Park, Sung-Yong;Cho, Hyeong-Jin;Lee, Sang-Beom
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2008.11a
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    • pp.509-512
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    • 2008
  • Clients demands have been changed by construction circumstances such as high-technology, mega-projects, and the complexity of construction. Advanced foreign countries have already introduced and applied new project delivery systems(i.e, CM, DB, etc.) to deal with the change of such that. Recently, Korea also launched two new project delivery systems, "Best Value Contracts to which the State is a Party" to provoke the project delivery system, which helps a public owner select a project delivery system appropriate to the project characteristics. Even though government has made his efforts as stated above, some clients have still used those to public construction projects uniformly. That is because there are not a selection criteria of project delivery system for clients. Therefore, this paper proposes the selection criteria of project delivery system based on project types in the public large construction projects.

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Improvement of CSVR used for Flood Damage Estimation based on Insurance Claim DB (침수피해액 추정을 위한 CSVR의 보험 Claim DB 기반 개선)

  • Baek, Chun Woo;Roh, Jin Yong;Lee, You Me;Park, Hong Gyu;Bae, Young Soo
    • Proceedings of the Korea Water Resources Association Conference
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    • 2019.05a
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    • pp.193-193
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    • 2019
  • 기후변화로 인한 거대 자연재해 발생의 위험이 지속적으로 증가하고 있으며, 국외의 경우 주요정부기관, 보험사 및 연구기관 중심으로 자연재해 피해예측 모델을 개발하여 사용하고 있다. 침수사고 인한 피해는 건물은 물론이고 가재도구, 재고자산, 기계시설 등의 내용물에서도 발생하며, 건축물 신축단가 등을 이용해 비교적 쉽게 자산가치를 산정할 수 있는 건물구조물과 다르게, 건물내용물의 자산가치는 시설물의 업종, 용도, 사용자 특성 등에 따라 변동성이 큰 특징이 있다. 내용물의 피해액 추정을 위해 자연재해 피해예측 모델은 건물 구조물과 내용물 가치의 비율인 CSVR(Contents to Structure Value Ratio)을 사용하며, CSVR은 시설물 용도에 따른 자산가치평가 통계를 이용해 산정할 수 있다. 충분한 자산가치평가 DB를 확보할 경우 CSVR의 정확도 확보가 가능할 것이며, 이를 위해 국내에서는 민간보험사의 재물보험 계약 4만여건의 건물, 내용물 보험가입금액을 행정안전부 도로명전자지도에서 분류하는 건물 용도에 따라 분석한 연구결과가 있다. 하지만, 일반적으로 보험가입단계에서 대략적으로 추정하는 보험가입금액과 실제 자산의 가치는 차이가 있을 수 있지만, 보험가입물건의 실제 자산가치는 일부만 DB화 되어 있는 단점이 있다. 본 연구에서는 사고 발생 후 작성되는 손해사정보고서에서 평가한 정확한 자산가치 DB를 수집하여, 보험가입금액을 기준으로 산정한 CSVR의 결과와 비교하였다. 손해사정보고서에서 평가한 실제 자산가치를 기준으로 분석한 CSVR과 보험가입금액을 기준으로 산정한 CSVR은, 업종에 따라 유사하거나 큰 차이를 보이는 경우도 있었으며, 침수로 인한 정확한 피해액 추정을 위해서는 보다 양질의 DB확보를 통한 CSVR의 정확도 확보가 필요한 것으로 분석되었다.

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Standards of Protection in Investment Arbitration for Upcoming Climate Change Cases (기후변화 관련 사건에 적용되는 국제투자중재의 투자자 보호 기준)

  • Kim, Dae-Jung
    • Journal of Arbitration Studies
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    • v.24 no.2
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    • pp.33-52
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    • 2014
  • Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

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Insights from the Compulsory Licensing and the Approved Contractor Scheme of the UK Private Security (영국의 민간경비 의무적 자격증 및 인증계약자 제도에 관한 연구)

  • Lee, Seong-Ki;Kim, Hak-Kyong
    • Korean Security Journal
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    • no.30
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    • pp.85-115
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    • 2012
  • The private security industry has expanded in proportion to economic developments throughout the world, largely because the existing security services provided by the government do not satisfy demands of various economic entities and people in the society for better security service. Therefore, it would not be unfair to say that security services by private sectors are decided by its quality, price, and customers' needs. A refined management system, however, is essential to assess qualification of security companies and their service quality, given the nature of public goods of security service. Despite the steady growth of private security industry in Korea, however, it has been continuously criticized that its security management system for better qualification of security guards, training, and private security companies have not been fully updated enough to guarantee good quality. This paper aims to gain insights to effective policy formation in the Korean private security industry, through reviewing the licensing system of private security guards and the Approved Contractor Scheme (hereinafter the ACS) in the UK- that has on one hand systematically regulated private security industry, but on other hand has enforced public-private cooperation by laying significant stress on autonomy of private security companies. The distinctive characteristic of the UK policy for the private security is that the Security Industry Authority (hereinafter the SIA), an independent authority, is leading development of the private security industry of the UK through specialized private security regulation and enhanced service quality. In addition, the UK is developing quality of security service with transparent financial management and recruitment of good quality security guards by adopting not only substantially specified regulations and standards, but the voluntary ACS system. Moreover, the SIA analyzes customers' demands for security service specializing the policy for private security through conducting a variety of surveys. With the analysis of the UK private security system, this paper suggests that the Korean government change from a non-specialized private security regulation system by the National Police Agency to an independently specialized private security authority like the SIA and adopt the compulsory licensing and the ACS system of the UK.

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A study on air related multimodal transport and operator's legal liabilities (항공연계 복합운송의 현황과 손해배상책임 - 대법원 2014.11.27. 선고 2012다14562 판결을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.3-36
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    • 2016
  • Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

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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Legal Issue in Case of Death or Injury of an International Crew While on Board (국제항공운송 승무원이 항공기내에서 사상(死傷)을 당한 경우 법률관계 - 국내외 판례의 분석을 중심으로 -)

  • Kim, Sun-Ah
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.137-168
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    • 2020
  • Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

Suggestion for Proper Quality Assurance Type Classification Criteria of Military Supplies (군수품의 적정 품질보증형태 분류를 위한 제언)

  • Ahn, Nam-Su;Kim, Sung-Gon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.648-654
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    • 2018
  • Currently, the Defense Agency for Technology and Quality (DTaQ), which is responsible for the quality assurance of military supplies, divides munitions into four categories, in order to conduct its governmental quality assurance activities, including product examination, process review and system audit. However, these 4 categories may differ depending on the related organizations' (e.g. Defense Acquisition Program Administration, munitions manufacturing) military requirements. Therefore, in this study, appropriate classification criteria for munitions are suggested for the sake of the efficient procurement, production and quality assurance of military supplies. We investigated the item classification system of the Public Procurement Service, which is a similar organization to the DTaQ. We also compared the appropriate classification criteria with those of related organizations and identified the current status of munitions classification data according to the current standard. In addition, application samples are presented using the proposed quality assurance classification criteria. Finally, the classification criteria of military supplies proposed in this paper will contribute to improving the efficiency of government quality assurance activities.

An Empirical Analysis of the Effect of the Introduction of Korean equivalents of International Financial Reporting Standards (K-IFRSs) (한국채택국제회계기준(K-IFRS) 도입이 건설업체에 미치는 영향에 대한 실증분석)

  • Jang, Sewoong
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.2
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    • pp.104-111
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    • 2014
  • Due to the structure of advanced installment sales of houses which is a construction industrial structure unique to Korea and the Project Financing (PF) project structure that includes construction companies' debt guarantee agreements, the changes in accounting methods resulting from the introduction of K-IFRSs are expected to act in a direction to deteriorate construction businesses' financial statements. Therefore, K-IFRSs are an important issue that can seriously affect the entire domestic construction industry and construction businesses are conceiving strategies to respond to the introduction of K-IFRSs. From this viewpoint, this study was intended to empirically analyze the effect of the introduction of K-IFRSs on construction businesses utilizing financial data applied with the K-IFRSs recently announced. In the analysis, the EDFs were calculated by business using the existing accounting standards GAAP and using K-IFRSs and the results were compared with each other. The results of the analysis indicated that most construction businesses were adversely affected by the introduction of K-IFRSs. It is also considered that businesses with relatively good financial statements under the existing accounting standards GAAP would be affected more by the introduction of K-IFRSs than other businesses. In addition, the introduction of K-IFRSs is expected to have larger effects on large construction businesses that have been providing debt guarantees for PF projects than on small or medium sized construction businesses.