• 월간 기계설비
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• s.308
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• pp.38-39
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• 2016

정부는 그동안 건설업계에 부담으로 작용해 오던 규제인 '주기적 신고제도'를 폐지하고, 건설업 분야의 공정한 거래 질서 확립을 위해 공공 발주기관의 경우 하도급대금 및 건설기계 대여대금 지급보증서의 발급 여부 확인을 의무화 했으며, 추정 및 발주자 등의 불이익 행위 금지 제도를 도입했다. 한편 지난해 8월 11일 개정된 법률의 후속조치로 추가 변경공사 시 원도급자 서면요구 방법 결정 및 하자담보책임기간 설정 방법 결정 등의 시행령을 개정했으며, 시공능력평가 시 신인도평가액 산정방법 조정에 대한 시행규칙을 개정했다.

• Proceedings of the Korea Concrete Institute Conference
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• 2009.05a
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• pp.551-552
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• 2009

These days in execution of building works are increasing possibility of defect occurrences. On this, construction safety policy has been enforcing prevention for fault construction. But argument in relation to defects is increasing every day, because regulations for defects are abstract and uncertain. Therefore we analyzed patterns and reasons of defect, researched into question for rational solution about defect responsibility and responsibility period of a warranty in argument.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.216-221
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• 2008

This study has been carried out in order to observe the status of performance warranty contracting system currently being implemented at the advanced countries including Europe, U.S.A., and Japan, review the introduction feasibility and possibility. For this purposes this study has surveyed the concept and necessity of performance warranty contracting system as well as the status of domestic performance warranty contracting system. Especially the application environment for the performance warranty contracting system of Europe, U.S.A., Japan and Korea in terms of maintenance guarantee liability system, performance warranty regulations for design-build contracting system, selection method of successful bidder, performance warranty means, project contracting system including maintenance cost, and specifications and contract conditions for performance warranty system have been comparatively evaluated. And introduction methods of performance warranty contracting system were suggested.

• Journal of Korea Port Economic Association
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• v.22 no.3
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• pp.23-41
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• 2006

The objective of this study is to discuss damage to cargo caused by shipper's Liability. an analysis of the excepted perils of the carriers and the scope of marine insurance coverage reveals that the excepted perils of the carrier are covered by the most part by marine insurance. however damage to cargo caused by shipper's fault remains uncovered. Damage to cargo by insufficient packing is caused by the cargo owner's error or negligence, thus both the underwriter and the marine carrier are exmpted from responsibility. but a problem aries from the fact that there is no objective standard for full packaging. In order to solve these problems, it is required to specify the method of packaging for certain goods when making an individual agreement, so that the owner can be exmpted from responsibility for packaging conformed to the pertinent article.

• Land and Housing Review
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• v.5 no.4
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• pp.259-269
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• 2014

After global financial crisis, the ratio of household debt to GDP was decreasing in other advanced countries such as the U.S., and the U.K. and so on. But, in Korea, household debt (of which residential mortgage loan account for a large part) ratio is still increasing. This paper focuses on the scale and characteristics of households in negative housing equity (those are called House-poors in Korea), and also the socio-economic backgrounds of the formation process. In financial perspective, the problem of negative housing equity depends on financial debt repayment capability. We used DSR (Debt Service Ratio) and LTA (Loan to Asset ratio) as financial indicators to evaluate the debt repayment capability. The critical value of DSR is assumed as 40%, and LTA 100%. The socio-economic backgrounds of the House-poors are as follows : increasing households debt dependency, over lending competition of financial institutions and unreasonable loan in household economy, instability of real estate market, week regulation on mortgage loan. Finally, this paper suggests some implications about the range and the target of public intervention.

• Korean Journal of Construction Engineering and Management
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• v.21 no.4
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• pp.21-29
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• 2020

This study analyzed problems of operating performance bond for public works and derived some suggestions for improvement. The Contract Law for Government Owner requires to submit performance bond which guarantees performing the construction contractor pays back compensation money when the obligation is not executed. Currently, first bid eligibility for participation is exactly required for executing company of performance bond obligation, not considering volume, technical level, and special type of remaining works. In collaboration contract, if guarantee accident occurs, it is obliged for remaining collaboration contractors to be qualified to fulfill the whole contract. This study proposes following improvement plan to solve problems of current performance bone in public works. Firstly, qualification criteria must be deregulated exceptionally for selecting proper contractor, which executing performance bond obligation, considering progress and characteristics of remaining works. Secondly, In collaboration contract, the prerequisite of remaining contractors' should be deregulated as 'implementation requirement of the remaining works'from'implementation requirement of the whole work'. Finally, defect responsibility should be included in liabilities of performance bond by specifying that owner or guarantee agency bear them.

• Journal of Navigation and Port Research
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• v.31 no.8
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• pp.653-662
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• 2007

Fishing vessel insurance of National Federation of Fisheries Cooperatives indemnifies the assured against marine losses by reason of maritime perils, that is to say, perils of the seas, sinking, stranding, collision, extraordinary action of winds waves and fire, damage, salvage. Therefore this insurance is a rational protective measures for preserving fishermen's property by the exposure to maritime perils. But there may be some problems on the perils covered by fishing vessel insurance clauses bemuse these clauses are not clearly and accurately prescribed in part. Especially where the assured may claim payment from fortuitous accidents or casualties of the seas musing the loss, they used to raise a question in argument about the ambiguity of these clauses. So these problems may need to be reformed for the purpose of preventing or decreasing those of the assured, the fishermen. After drawing out some problems on the perils covered by fishing vessel insurance clauses, this thesis will suggest the improving schemes on the perils covered by these clauses.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.125-147
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• 2009

The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.

• Journal of Information Management
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• v.31 no.4
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• pp.1-12
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• 2000

The potential risks, involved with the management of a library, may cause a tremendous economic loss, so require a systematic management. The rist management process, consisting of risk identification, risk measurement selection of risk treatment methods, implementation, and monitoring and evaluation, suggests the use of insurance to deal with property risks, liability risks and personnel risks. For the systematic risk management of a library, risk manager should be appointed to be responsible for program development and insurance purchase. The limited coverage of library risks, provided by the school cooperative society, should be supplemented through development of insurance products. Further study is required to improve the library risk management and the application of insurance in a systematic and realistic way.

• Journal of Advanced Navigation Technology
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• v.21 no.3
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• pp.230-242
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• 2017

A significant rise in product-liability cost is expected due to the newly passed product liability amendment Bill approved during the assembly plenary session on March 30, 2017. Korean government legal service(KGLS) filed a damage suit against Korea aerospace industries, Ltd.(KAI) and Hanwha Techwin Co., Ltd., the manufactures of the KUH-1 Surion helicopter crashed. KGLS alleged claims under the product liability Act, the warrant liability Act and the non-performance of contract act. The accountability limits of military aircraft manufacturers was a highly divisive issue among related scholars and legal practitioners. The bottom line was that military aircraft manufacturers had no product-liability insurance available. The United States courts have, therefore, developed the government contractor defense(GCD) and it was recognized by the U.S. Supreme Court in Boyle v. United Technologies corporation(1988). product liability insurances for military aircraft manufacturers are excessively expensive and it cannot be added onto the military procurement cost accounting. However, having an aircraft accident without one can be ruinously expensive. Therefore, the manufacturers should promptly set up appropriate risk management measures. This thesis will first review the advance GCD theory, and then find a way to either reform government contract related regulations.