• Journal of Science and Technology Studies
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• v.18 no.3
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• pp.101-152
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• 2018

This study discusses the research trends in Responsible Research and Innovation (RRI) which recently emerged as the central concept among international innovation policy circles. In particular, we attend to the conceptual diversity of RRI, showing that each trend emphasizes different elements of RRI and reflects the context in which the concept has emerged. The first trend centers on research on governing emerging technologies which has been developed from the tradition of technology assessment and ELSI. The second trend has been closely related to the innovation policy efforts to take up the social challenge driven innovation as a new driving force for innovations. The third involves the attempts to operationalize the concept of RRI to evaluate whether the vision of RRI has been successfully incorporated in the actual innovation practices. We also insist that recent Korean R&D policies which emphasize social responsibility of science and technology include essential elements of RRI, although they do not use the term RRI. Finally, we discuss policy implications of discourse over RRI on such innovation policies.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.195-201
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• 2002

이 논문은 ${\lceil}$제2차 건설산업 진흥 기본계획의 기본과제와 중점과제을 검토하는 것이다. 우선 외환위기 이후의 건설 산업환경과 여건을 살펴보았고 이를 기초로 2차 기본계획이 수립되는 기간의 건설산업정책의 기본방향과 중점과제를 도출하였다. 그결과 건설산업 정책은 과거의 온정주의에 근거하여 건설산업을 구성하는 업체들의 형평성을 제고하는 것에서부터 경쟁에 근거한 효율성을 제고하는 것으로 전환되어야 하며 건설업체에 대한 엄격한 평가와 무제한적인 경쟁과 그리고 건설공사의 품질에 대한 무한 책임을 담보하는 국제기준(Global standard)의 건설산업이 형성될 수 있는 기반을 조성하여야 하고 이를 고려한 건설산업의 정책과제는 첫째, 건설산업의 효율성의 제고, 둘째, 국제규범의 건설체계의 구축, 셋째, 건설산업의 세계화 기반의 조성하는 것이고 이를 달성하기 위해서는 건설기술개발(정보화 포함), 건설인력육성, 건설공사 안전${\cdot}$환경 및 품질확보, 중소건설업 및 중소건설 용역업의 육성, 건설공사의 생산성 향상, 건설자재의 품질향상 및 규격표준화, 건설사업관리제도의 발전 등이 이루어져야 한다.

• 월간 기계설비
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• s.302
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• pp.82-86
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• 2015

정부는 건설산업기본법 일부 개정안을 지난 8월 11일 공포했다. 개정된 건산법은 앞으로 수급인이 일방적으로 하도급계약을 해제 해지하면 계약이행보증금 지급을 요청할 수 없고 하도급공사에 추가 변경사유가 발생한 경우 그 내용과 금액, 기간 등을 명시한 서면을 교부하도록 의무화했다. 한편 하자담보책임기간은 원칙적으로 법정기간으로 하되, 공사특성 등을 고려해 도급계약에서 따로 정할 수 있도록 하는 한편, 그동안 논란이 됐던 '완공일'의 개념도 '목적물의 관리 사용을 개시한 날과 준공검사를 완료한 날 중에서 먼저 도래한 날'로 명확히 규정했다. 이밖에 건설 관련 법령의 이해도 및 윤리의식 제고를 위해 신규 건설업자에 대한 교육제도를 신설하였으며, 건설 관련 공제조합 운영위원 수 상한을 확대하여 보다 많은 대표성 있는 조합원이 운영위원회에 참여할 수 있도록 했다. 개정된 건설산업기본법은 2016년 2월 12일부터 시행된다.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2017.05a
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• pp.278-279
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• 2017

Result from Amendment of Apartment Houses Decree Customer Service, Recently, the starting point of Defects Liability changed "Criteria of Completion date" to "Delivery date to Divided property". Through the Law amended, There are some inconsistency between "Claim for repairing defects" and "Period of security deposit for repairing defects claim". If someone bought a house after Completion date, Purchasing period of "Claim to security deposit for repairing defects" lapsed without renewal. This research is to identify problems and solutions for improving the system.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2008.05a
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• pp.153-157
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• 2008

The construction market has gradually become complexity, variety and specialization, and then owner's requirements about quality has become various. In order to solve the problem such as stated above, advanced constructions in United Kingdom, Japan and United States have introduced warranty contract which is warranted to quality and performance for need of owner in determined term to ensure the quality of construction since 1960s. However, the interior of a country encounter another problem result from defects liability what indefiniteness of defects standard, excess responsibility period, social recognition of be identical fraudulent work and defects, and contract with ascendancy of owners. etc, so builders concerned more excess defects liability than the quality of construction. The purpose of this study is to analysis of warranty contract in order to solve the problem such as stated above.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2007.04a
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• pp.89-92
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• 2007

Since 1960s, advanced constructions have introduced warranty contract which is warranted to quality and performance for need of owner in determined term to ensure the quality of construction. However, the interior of a country encounter another problem result from Defects Liability what indefiniteness of defects standard, excess responsibility period, social recognition of be identical fraudulent work and defects, and contract with ascendancy of owners. etc, so builders concerned more excess defects liability than the quality of construction. The purpose of this study is to analysis of warranty contract in order to solve the problem such as stated above.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.12 no.3
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• pp.41-63
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• 2004

The area covered by product liability in broadest sense is so vast that an attempt to analyse all its impact on the aviation world risk. Every effort has been made to confine our review of subject a closely as possible to its influence on aircraft manufacturers, airlines and passengers, in spite of strong connections with other spheres of commercial. Product Liability in aviation is the liability of aircraft's manufacturer, processor or non-manufacturing seller for injury to the person or property of a buyer or third party caused by a product which has been sold. Here-in a product is aircraft, third party is passengers who suffered damage by defective design, defective construction, inadequate instructions for handling in aircraft. Whenever a product turns out to be defective after it has been sold, there are under Anglo-American law three remedies available against the aircraft's manufacturer (1) liability for negligence (2) breach of warranty (3) strict liability in tort. There are Under continental law Three remedies available against the aircraft's manufacturer (1) liability for defective warranty (2) liability for non-fulfillment of obligation (3) liability in tort. It is worth pointing out here an action for breach of warranty or for defective warranty, for non-fulfillment of obligation is available only to direct purchaser on the basis of his contract with the aircraft's manufacturer, which of course weakness its range and effectiveness. An action for tort offers the advantage of being available also to third parties who have acquired the defective product at a later stage. In tort, obligations are constituted not only by contract, but also by stature and common law. In conclusion, There in no difference in principle of law. In conclusion I would like to make few suggestions regarding the product liability for aircraft's manufacturer. Firstly, current general product liability code does not specify whether government offices(e.g. FAA) inspector conducted the inspection and auditory certificate can qualify as conclusive legal evidence. These need to be clarified. Secondly, because Korea is gaining potential of becoming aircraft's manufacturer through co-manufacturing and subcontracting-manufacturing with the US and independent production, there needs legislation that can harmonize the protection of both aircraft's manufacturers and their injured parties. Since Korea is in primary stage of aviation industry, considerate policy cannot be overlooked for its protection and promotion. Thirdly, because aircraft manufacturers are risking restitution like air-carriers whose scope of restitution have widened to strict and unlimited liability, there needs importation of mandatory liability insurance and national warranty into the product liability for aircraft's manufacturers. Fourthly, there needs domestic legislation of air transportation law that clearly regulates overall legal relationship in air transportation such as carrier & aircraft manufacturer's liability, and aviation insurance.

• Korean Journal of Construction Engineering and Management
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• v.20 no.6
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• pp.3-10
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• 2019

The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.147-175
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• 2014

In contracts for the international sale of goods, a seller must deliver appropriate goods and hand over relevant documents according to a contract, which will transfer the ownership of the goods to a buyer. In this case, if there are defects in the contracted goods, the warranty liability will occur. However, in the United Nations Convention on Contracts for the International Sale of Goods (CISG), a term-the conformity of the goods to the contract-is used universally instead of the warranty. According to the CISG, a seller must deliver goods in conformance with the relevant contract in terms of quantity, quality, and specifications, and they must be contained in vessels or in packages according to the specifications in the contract. In addition, a certain set of requirements for conformity will be applied implicitly except when there is a separate agreement between parties. Further, the base period of conformity concerning the defects of goods is the point when the risk is transferred to the buyer. A seller shall be obliged to deliver goods that do not belong to a third party or subject to a claim then, and such obligations shall affect the right or claim of a third party to some extent based on intellectual property rights clauses. If the goods delivered by the seller lack conformity, or incur right infringement or claim of a third party, then it shall be regarded as a default item per the obligation of the seller. Thus, the buyer can exercise diverse means of relief as specified in Chapter 2, Section 3 (Article 45-Article 52) of the CISG. However, such means of relief have been utilized in various ways for individual cases as shown in judicial precedents made until now. Contracting parties shall thus keep in mind that it is best for them to make every contract airtight and they should implement each contract thoroughly and faithfully to cope with any possible occurrence of a commercial dispute.

• Korean Journal of Construction Engineering and Management
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• v.8 no.5
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• pp.101-108
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• 2007

To execute a construction project, many construction participants are engaged in the project. Especially many subcontactors role is very important, but their contract statute seems weaker rather than prime contractor. So to protect the subcontractor and to activate fair subcontract, Fair Transactions in Subcontracting Act was enacted. Direct payment to subcontractor clause of the act can protect subcontractor from the fear of insolvency of prime contractor, on the other hand can cause dispute about the interpretation of defect liability. Therefore the positive act and regulation were examined, and the effects of direct payment to subcontractor were analyzed. And the treatment direction of direct payment were suggested in this paper. Summary is as follows; (1) Statute of subcontractor for the ordering subject must be considered (2) Contract relationship must be reflected in the performance bond, subcontract bond, and subcontract construction conditions (3) To clarify the defect liability for the direct payment, retainage to guarantee the repair during contract period may be reflect on the subcontract construction conditions.