• KSCE Journal of Civil and Environmental Engineering Research
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• v.37 no.4
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• pp.747-757
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• 2017

Of safety check regulation, 'Construction Technology Promotion Act' and 'Special Act on the Safety Control of Public Structures' contain provisions about the content of safety in construction works and the items of safety checks in the maintenance aspect and thus contribute to accident prevention in the construction industry. Of the regulations responsible for the practical safety of workers, the safety check regulation of Ministry of Employment and Labor demand for safety check from the start of construction based on an agreement with a concerned agency to the completion of construction solely based on 'Guidance Standards for the Specialized Disaster Prevention Instruction in Article 32 of Occupational Safety and Health Act' and 'Appropriation and Usage Standards of Safety and Health Management Costs in the Construction Industry'. There is, however, a huge gap, as well, in them according to client agencies. In small construction sites ordered by a private organization, checks are done formally with no detailed regulations. As a result, the costs of checks continue to drop with only the contract kept intact. This study examined the forms of safety checks practically done in the Jeju region, distinguished and compared them by the construction costs, calculated proper costs based on each construction act, and further proposed improvement measures for the detailed regulations.

• MARITIME LAW REVIEW
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• v.29 no.2
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• pp.115-144
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• 2017

The impact of the global financial crisis, which began in the United States in 2007, had a major impact on the domestic shipping and shipbuilding industries. In this regard, the domestic shipyard has established an order-taking strategy in several ways as an alternative to lowering the amount of construction of commercial vessels due to deterioration of the shipping industry, and selected industrial sector was the offshore plant sector. However, the domestic shipyard has under performed the offshore plant in order to just increase sales and secure work without any risk analysis for EPC contracts. As a result, the shipyard has been charged more than the initial contract price with the offshore plant contractor, or the shipyard has become a legal issue requiring payment of liquidated damages due to delays in delivery of the product. The main legal disputes are caused by the thorough risk analysis and the inexperience of process control that can occur during offshore plant construction. and In particular, there is no sufficient review of the unequivocal provisions in the contract as an element of risk management. There is no human resource to review these contractual clauses. Therefore, this study identifies the existence of specific risks that could lead to delays in offshore plant construction, and examined the existence of any unequivocal clauses in contracts for offshore plant construction. and also discussed how the toxic clause applies to the actual parties and how the concrete risk factors in the construction contracts are transferred and expressed by referring to the interviews with the project manager of the domestic shipyard and the previous research. As a result, This paper examined the legal liability of the contracting parties regarding delayed delivery of the products due to the offshore plant construction contract. And to improve the domestic shipbuilding industry.

• Korean Journal of Construction Engineering and Management
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• v.23 no.6
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• pp.43-53
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• 2022

In many cases, the construction industry in Korea has a hierarchical structure in which a general contractor in charge of the entire project is subcontracted from the client and entrusts the construction to a specialty contractor in charge of detailed work types. In this structure, the general contractor manages and takes responsibility for the entire construction, but the person directly involved in the construction is an individual specialty contractor, so the quality and safety of the facilities will vary according to their construction and management capabilities. In order to solve quality and safety problems that may arise due to the difference between the person receiving the order for construction and the person who actually constructs it, it is necessary to let the person who receives the order perform the construction directly for projects under a certain amount. The system introduced for this purpose is the direct construction mandatory system. As described above, although this system was introduced to prevent bad construction and risk transfer, it is a system that has various problems due to the characteristics of the domestic construction industry, institutional limitations, and practical problems, so it is necessary to improve it legally and institutionally.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.359-364
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• 2003

The loss of potential opportunity profit which is consisting in the partial markups of the corporation would taking placed in related with the time-delay deeply, has customarily disregarded in contract adjustment under the principles of denial of cost accounting method, declined conjecture in the point of benefits and protection of the law in scope of compensation and the restricted conditions of constant contract. It is being resulted from that the policies of the general principles of accounting standards which is subjected to ask an objective data and evidence, and the denial system as a debt derived from imperfect legal theory applied by current law. Therefore, it is necessitated to find if any irrationality in the positive system is and further to draw an improved reasonable measures to adopt by review of constant system preparing tile reasonableness with the method of suitable quantification devices provided that any time-delay is induced by the party.

• Korean Journal of Construction Engineering and Management
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• v.6 no.1 s.23
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• pp.186-194
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• 2005

The purpose of this study is to examine the problems of the regulations regarding the modification of subcontact price. It also suggests several measures to improve the regulations related to the subcontact price adjustment which help to reduce unnecessary claims and commercial disputes. The literature research, structure and context analysis on the subcontract regulation and survey are adopted as basic research methods. The primary findings of this study are summarized as the following: (1) A provision outlining necessary procedures that an owner and a contractor should notify a subcontract or the adjustment of contact price needs to be made. (2) A provision allowing procedures that subcontactor could make the alteration of subcontract agreement and adjustment of subcontact price needs to be made. (3) The terminology like a unit cost and the rate of contact price needs to be clearly defined in order to improve the criterions of the subcontact price adjustment. (4) The criterions and additional expenses that the contractors ate responsible far need to be defined.

• Journal of the Korea Institute of Building Construction
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• v.21 no.4
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• pp.257-268
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• 2021

This study analyzed the major issues of 24 defect litigation precedents before and after 2013, based on 2013, when defect litigation in relation to the rapidly increasing defect disputes in apartment houses. The amount of defect removal per household is 2,572 thousand won per household, which is about 5% less than before 2013 from 2013, but the judgment amount per household has rather increased by about 19%, showing 1,916 thousand won per household after 2013. By type of construction, defects on cracks accounted for the largest proportion before and after 2013. Before 2013, equipment, tiles, and windows appeared in the order, and after 2013, landscaping, tiles, insulation and window work were in the order. In order to prevent such defect disputes, efforts to prevent defect disputes will be needed in the design stage, construction stage, and maintenance stage.

• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.1
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• pp.39-48
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• 2019

Based on the bidding data of the national marketplace for public procurement service from 2003 to 2015, this study investigated and analyzed the bidding trends of the landscape management public consignment service by analyzing total bidding, type, client, region, license. The results are as follows. First, the total number of bids for civilian consignment services in landscape management increased by 1,112 cases, corresponding to a 487.7% increase over 10 years, and the total bidding amount increased by 144,504 million won, corresponding to a 382.5% increase. Second, in 10 years, the proportion of landscape management in landscaping works increased by 10%, and the bidding amount increased by 3%. Third, in the analysis of bidding trends by type, green areas showed the greatest growth in the number of bids, while the greenery of buildings showed the highest increase in the bid amount. Fourth, local autonomous entities, Gyeonggi province, and the landscaping planting construction industry showed the highest increase in the number of bids and the amount in each field such as client, region, and license. In summary, the number of cases and the bidding amount is increasing year by year. Considering the increasing number of users and demands thereof, the number of bids and the amount of consignment service for landscape management will continue to increase. The purpose of this study is to investigate and systematically analyze the tendency of bidding for 10 years for the private consignment service of landscape management in the current situation, where the importance of landscape management is increasingly emphasized. Another purpose of this study is to discern the necessity of the landscape management business and to provide the basis for incorporating the landscape management business into the professional construction industry in the future, thus providing opportunities for widening the expertise and diversity of the landscaping field. For the following study, the legal basis of landscape management, qualification, equipment standards, calculation of management cost per unit, and the appropriateness of the management cost should be considered.

• Journal of the Korean Institute of Landscape Architecture
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• v.48 no.4
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• pp.41-54
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• 2020

This study was conducted to provide basic data for a transparent and fair bidding system by identifying problems and suggesting improvement measures through an analysis of the bidding status for construction projects and service-related landscaping of multi-family housing. To this end, we used the data from the "Multi-Family Housing Management Information System (K-apt)" that provides the history of apartment maintenance, bidding information, and the electronic bidding system to examine the winning bid status and amount, along with the size and trends of the winning bids by year, and the results of the selection of operators by construction type. As a result, it was found that out of the total number of successful bids (36,831), 4.4% (16,631) were in the landscaping business, and the average winning bid value was found to be about 24 million won. According to the data, 73% of the landscaping cases were valued between 3 million won and 30 million won, and 58.6% of the cases were in the field of "pest prevention and maintenance". 36% of the total number of bids were awarded from February to April, with "general competitive bidding" accounting for 59.8% of the bidding methods. As for the method of selecting the winning bidder, 55% adopted the "lowest bid" and "electronic bidding method," and 45% adopted the "qualification screening system" and "direct bidding method." As an improvement to the problems derived from the bidding status data, the following are recommended: First, the exception clause to the current 'electronic bidding method' application regulations must be minimized to activate the electronic bidding method so that a fair bidding system can be operated. Second, landscaping management standards for green area environmental quality of multi-family housing must be prepared. Third, the provisions for preparing design books, such as detailed statements and drawings before the bidding announcement, and calculating the basic amount shall be prepared so that fair bidding can be made by specifying the details of the project concretely and objectively must be made. Fourth, for various bidding conditions in the 'business operator selection guidelines', detailed guidelines for each condition, not the selection, need to be prepared to maintain fairness and consistency. These measures are believed to beuseful in the fair selection of landscaping operators for multi-family housing projects and to prepare objective and reasonable standards for the maintenance of landscaping facilities and a green environment.

• The Journal of Bigdata
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• v.3 no.2
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• pp.87-99
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• 2018

This study analyze the factors affecting the number of bidders in public contracts by collecting contract data such as purchase of goods, service and facility construction through KONEPS among various forms of public contracts. The reason why the number of bidders is important in public contracts is that it can be a minimum criterion for judging whether to enter into a rational contract through fair competition and is closely related to the budget reduction of the ordering organization or the profitability of the bidders. The purpose of this study is to analyze the factors that determine the participation of bidders in public contracts and to present the problems and policy implications of bidders' participation in public contracts. This research distinguishes the existing sampling based research by analyzing and analyzing many contracts such as purchasing, service and facility construction of 4.35 million items in which 50,000 public institutions have been placed as national markets and 300,000 individual companies and corporations participated. As a research model, the number of announcement days, budget amount, contract method and winning bid is used as independent variables and the number of bidders is used as a dependent variable. Big data and multidimensional analysis techniques are used for survey analysis. The conclusions are as follows: First, the larger the budget amount of public works projects, the smaller the number of participants. Second, in the contract method, restricted competition has more participants than general competition. Third, the duration of bidding notice did not significantly affect the number of bidders. Fourth, in the winning bid method, the qualification examination bidding system has more bidders than the lowest bidding system.

• Korean Journal of Construction Engineering and Management
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• v.20 no.1
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• pp.32-40
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• 2019

This study analyzed operating condition and the problems of damage compensation insunace (property insurance) for qualified architect and derived some suggsetions for improvement. The Certified Architects Act requires all building design and construction supervision to buy property insurance. This study proposes following suggestions to solve problems of current architect property insurance. Firstly, we need to increase the insurance purchasing rate of damage compensation insurance for qualified architect. It is necessary to clearly specify the matters concerning the submission of insurance policies by the architects, which is currently carried out by the Minister's official letter, in the form of official announcement. Secondly, proper insured amount should be adjusted. In order to insured substantial compensation capacity, total amount of insurance should be enlarged. Thirdly, the insurance period should be extended to one year after completion of building to allow compensation for accidents due to design negligence. Generally, the design defect can mostly be identified within one year after completion. Fourthly, insurance coverage should be extended. In the long run, it is essential to enlarge the scope of the security not only to property damage but also to human losses. Finally, an accident record sharing system should be established among insurance companies, so that proper insurance premiums or discounts can be made based on the system.