• Title/Summary/Keyword: 계약기준

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A Study on the Contractor's Liability for Defect in Public Construction Project - through comparing Civil Law with Government Contract Law - (공공건설사업 하자에 대한 수급인의 책임에 대한 연구- 민법과 국가계약법령의 비교를 통하여 -)

  • Cho Young-Jun;Hyun Chang-Taek
    • Korean Journal of Construction Engineering and Management
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    • v.2 no.4 s.8
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    • pp.69-79
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    • 2001
  • Characteristics of Contactor's Defect Liability was too many discussed. But it's not clearly defined yet. Because recent Government Construction Projects are very complex and executed through long time, too many conflicts were appeared related to Contactor's Defect Liability. Therefore to analyse and to resolve the conflicts legal aspects of Contactor's Defect Liability stated in Civil Law and Government Contract Act was systematically compared. The result of this research is as follows : (1) Characteristic of Contactor's Defect must be regarded as a breach of Contract and be an incomplete contract implementation. (2) To decide the range of Damage, Characteristic of Defect must be regarded. (3) Contactor's Defect Liability must be effectual from the day of delivery. (4) Retainage must be added to secure the completion during the Contract Period and Defect Repairing Liability must be omitted in the Contract performance Security.

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A Study on the Analysis of Change Order - Claim in Design-Build (설계시공 일괄입찰공사에서 설계변경 클레임요인의 분석에 관한 연구)

  • Lee, Sang-Beom;Hwang, Jae-Woo
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2006.11a
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    • pp.301-304
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    • 2006
  • The insistence of rights and interests in contract is being generalized by opening in construction market which is following F.T.A, internationally. Conditions of contract in construction have different specialities compared with other industries. Different conditions of contract should be established because of a specific character that is different from each construction, such as work, environment, circumference conditions. Although the order of Turn-key is being expanded by increasing construction scale and demanding hybrid function, the suitable regulations of contract are not settled. As a result, various factors of claim is occurring in Change Order-Claim, because they just obey a part of guide-line. This study suggests useful solutions in detail concerned with the main factor of Change Order-Claim by each D/B phases through practical sorting and analysis of the causes of Change Order-Claim.

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A Study on Human Resource Management Strategy of Foreign Shipping and Port Logistics Companies under the China's New Labor Contract Law - Focus on Contents and Countermeasures - (중국 신노동계약법 시행에 따른 외자 항만물류기업의 인적자원 관리전략에 관한 고찰: 주요 내용과 대응방안을 중심으로)

  • Han, Byoung-Sop;Kim, Byoung-Goo
    • Journal of Korea Port Economic Association
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    • v.24 no.2
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    • pp.43-69
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    • 2008
  • The labor contract Law has been prepared as an important solution for social stability. After long disputes around the orientations of the law, On June 29, 2007, the new Chinese labor contract law is passed. This law reflects the changing labor relations because of economic reforms like restructuring of the state-owned enterprises and so on. This law contains more market-oriented clauses that are supplemented by corporatist scheme supported by trade unions than the first draft. This law emphasize labor's rights and interests to remove prior labor contract problem. So Chines government see this law as standard law to restructure social relationship and also require firms to corporate social responsibility. Therefore, implementation of the new Chinese labor contract law bring about increasing labor cost, infringement of autonomy for human resource management, rigidity of industrial relations. Under these situation, Korean shipping and port logistics companies need to introduce management system of minimized employment, prepare human resource management in response to long-term employment, maintain favor relationship with trade union, and set up counteiplan about risk of a labor dispute.

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부정 청탁에 대한 처벌을 강화하다

  • Lee, Hyeon
    • 주택과사람들
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    • s.189
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    • pp.84-85
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    • 2006
  • 개정된 건설산업기본법에 공사계약 및 시공 과정에서 부정 행위를 한 건설업자에게 불이익을 주는 기준을 명확히 했다. 건설회사가 감독 · 주의 의무를 게을리 하지 않은 이상 행정처분의 대상이 되지 않는다는 내용도 포함돼 있다. 이번에는 새로 도입된 건산법 규정의 의미에 관해서 소개한다.

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Study on Estimating New Apartment Sales Price Using Transaction price (실거래가를 이용한 분양 아파트의 적정분양가와 계약률 책정에 영향을 미치는 요인에 관한 연구)

  • Kim, Kwang-Suk;Park, Won-Gap
    • The Journal of the Korea institute of electronic communication sciences
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    • v.6 no.4
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    • pp.567-572
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    • 2011
  • The purpose of the study is aimed at estimating the reasonable price and forecasting the sales rate of the new apartment, using transaction data of the existing apartment that is close to perfectly competitive markets. In the present paper, therefore, attempts were made to determine the relationship between the existing apartment market and the new housing market. Also conducted an empirical analysis that complemented the problems of precedent studies.

법령과고시 - '건설업 산업안전보건관리비 계상 및 사용기준' 개정.시행

  • 대한설비건설협회
    • 월간 기계설비
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    • s.261
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    • pp.66-72
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    • 2012
  • 고용노동부는 건설현장 근로자의 재해예방을 위해 쓰게 돼 있는 산업안전보건관리비의 사용기준을 현장에서 좀 더 쉽게 이해해서 적극 활용할 수 있도록 개선하기로 했다. 또 건설현장의 안전관리 내실화를 위해 시공사가 재해예방기술지도 계약을 체결했는지 발주자가 반드시 확인하게 할 계획이다. 고용노동부는 이같은 내용의 '건설업 산업안전보건 관리비 계상 및 사용기준'을 개정하고 지난 2월 8일부터 시행에 들어갔다.

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방산물자 원가계산체계 개선방안(3)

  • Lee, Chang-Won
    • Defense and Technology
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    • no.8 s.282
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    • pp.62-71
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    • 2002
  • 원가계산체계의 문제점을 개선하기 위하여 원가계산기준의 심의.적용건의.유권해석을 위한 원가계산기준 심의 기구 설립과 관련규정의 원가인정범위 확대를 위한 법규 및 실무규칙 개정이 필수적이다. 전통적 원계산시스템을 보완할 새로운 원가계산시스템의 수용 미 개발, 정교한 원가시스템 측정에 의한 원가인정, 방산업체의 경영환경 변화에 능동적으로 대처할 수 있고 간접비의 비중 증가의 수용을 고려한 원가보상 개념의 정립과 합리적인 배분기준에 의한 제비율 산정이 개선되어야 한다. 신규 및 첨단무기체계의 투자기회 부여와 업체의 노력에 대한 성과를 반영하고 경쟁확대 측면에서 확정계약의 유인을 위한 차등 이윤적용에 따른 현실적인 이윤산정체계의 개선이 이루어져야 한다.

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Optimal Contract under the Nagoya Protocal for the Benefit Sharing (나고야의정서 하에서 생물유전자원 이용의 최적계약 연구)

  • Park, Hojeong;Jung, Byenggoan
    • Environmental and Resource Economics Review
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    • v.26 no.1
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    • pp.85-101
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    • 2017
  • The objective of the Nagoya Protocol is to enhance biodiversity by the mean of economic incentives but there has been yet consistent lack of realized contracts between genetic resource users and holders due to the asymmetric information among the parties. This paper presents a principle-agent model to provide optimal contracts under asymmetric information in order to achieve the sustainable biological resource. The model concludes the royalty contracts over the fixed lump-sum benefit transfer as profit sharing mechanism.

Private Security Regulation: A Comparative Study of South Korea and Mongolia (한국과 몽골의 경비업법 비교연구)

  • Lkhagvamm, G;Kang, Min-Wan
    • Korean Security Journal
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    • no.47
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    • pp.139-165
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    • 2016
  • In Mongolia, the regulation related to the private security industry, the Law on Contracted Private Security Services, was legislated relatively recently. The Law on Contracted Private Security Services was enacted into law in Mongolia 16 years ago, in 2000. This regulation has undergone two amendments since its inception. However, new revisions still need to be made to ensure that this regulation is in line with internationally accepted standards and practices. This paper compares the existing private security regulations of South Korea and Mongolia. The purpose of this comparative study was to identify the weaknesses of and problems in the Mongolian regulation and propose amendments to the Mongolian regulation. The comparative study of the two countries' regulations showed and underscored an imperative need to make further amendments to the Law on Contracted Private Security Services. Specifically, the weaknesses of and problems in the Mongolian regulation at issue include the following: the level of accuracy in defining certain legal terms and providing the proper names for various regulations; stipulations which set forth the procedure for registering a private security company; provisions regarding operating a private security company; the details of eligibility and accountability requirements concerning chief executives and security service officers; and the scope of work provisions. This study proposes constructive amendments to strengthen the Law on Contracted Private Security Services.

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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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