• Korea Real Estate Review
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• v.28 no.4
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• pp.53-62
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• 2018

When the contractor does not receive payment for his work due to the client's funding default, he can take various legal measures against the client, in addition to refusing to transfer the building under construction to the client. To claim top payment priority and to demand the equal enforcement of the law by applying for compulsory auction or auction by exercising the right of lien, the contractor should know the construction phase or the point in time when he could exercise a lien or apply for a forced auction of the unregistered building. This study was conducted to examine qualification for lien and auction of an unregistered building. First, the general criteria for qualification for lien from qualification for ownership were examined. This means that an unregistered building can be subject to lien from a certain point in time in the construction phase, where the ownership is qualified as an independent real estate with minimal pillars, roofs, and walls. Second, the contents of the narrow and broad auction qualification were analyzed. As the contractor can select the appropriate legal means to reimburse the construction cost for the unregistered building, the results of this study are expected to provide the bases for qualification for lien on and auction of unregistered buildings.

• Journal of the Korea Society for Simulation
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• v.29 no.4
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• pp.65-72
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• 2020

The purpose of this study is to analyze the adequacy of product qualification criteria through Monte-Carlo simulation and association rule analysis. We first surveyed the similar procurement systems, then we simulated the bid situation that randomly generated several vendors participated in a bid, and they obtained the score according to the product qualification criteria's judgement area. Then, the company with the highest score will win the bid, and further analysis was performed in terms of performance indicator and satisfaction ratio. The results of this study can be summarized as follows; Although the items related to the credibility accounted for the largest number items, it did not affect the actual bid results. It was analyzed that it is desirable to increase the allocation points in the area of business status and technical capability review than the current one.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.279-284
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• 2001

The owner's evaluation system about the contractor's work performance is used to give the contractor some advantages or disadvantages. According to the result of evaluation of the contractor's performance in the given construction project, the owner identify the good contractors and give them some merits in the future project bidding. However, the system used in the Korean construction industry has caused many problems and has been operated improperly. As a case study, this paper investigates the current problems existed in the KNHC (Korean National Housing Corporation) evaluation system and suggests some directions for its efficient operation. In doing so, the study performed interviews with the KNHC officers and the related contractors, using a structured questionnaire

• Journal of Korean Society of Transportation
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• v.20 no.3
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• pp.179-192
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• 2002

주차금지, 일방통행. 본 논문에서의 횡단보도와 같은 교통표지는 개별적 행위로서 행정행위가 아니라 불특정 다수의 행위를 추상적으로 규율하는 특성을 지닌다. 현행 도로교통법상 횡단보도의 설치여부는 지방경찰청장의 재량 사항으로 규정되어 있어 경찰이 횡단보도를 새로 설치하거나 기존의 횡단보도를 폐지하는 경우 관할 경찰청은 물론 관계 행정청에 이를 설치 혹은 폐지해달라는 민원이 매우 많아 일선 경찰공무원 등이 많은 애로를 느끼고 있으며 급기야는 본고에서 검토할 사례의 경우와 같이 행정소송을 통해 뜻을 관철하고자 하는 경우까지 생겼다. 횡단보도의 설치와 관련한 대법원 판결(대법원 2000.10.27.선고, 98두8964판결)이 이제 처음 나왔지만 시민의 권리의식의 향상에 따른 소송의 증가경향으로 미루어 앞으로 이와 유사한 문제제기는 더욱 늘어날 것으로 전망된다. 이에 본고에서는 횡단보도의 설치와 관련한 행정소송에 대한 최근 대법원판결에 대한 심층분석을 통하여 그 의미와 문제점을 지적함으로써 앞으로 이와 유사한 사례에 대한 판단에 있어 방향성을 제시하였다. 즉 횡단보도 설치행위의 적법성과 관련한 소송에서 가능한 본안심리를 통해 국민의 권익구제의 기회 내지 가능성을 열어주는 것이 바람직하다는 점과 현재 원고적격의 범위가 확대되어 가고 있는 추세에 비추어 앞으로 횡단보도의 설치와 관련한 원고적격의 범위 역시 확대되는 것이 바람직하다는 방향에서 법규정에 대한 새로운 해석을 시도하였고 이를 통해 횡단보도의 설치 및 폐지에 따른 경찰 등 관계 행정청의 관심과 신중을 촉구하였다. 또한 횡단보도 설치행위의 처분성과 관련하여 횡단보도의 설치행위와 같은 일반적인 명령을 항고소송의 대상으로 할 필요성이 존재한다면 이른바 독일에서의 일반처분이라는 개념을 무리하게 받아들여 이를 행정행위의 한 유형으로 한다거나 우리 판례와 같이 "직접적이고 구체적인 법적 효과"를 미치는 명령이라는 명확치 않은 기준에 의하여 처분성을 인정하기보다는 일반적인 명령과 개별적인 행정행위를 구분하고 명령에 대하여도 취소소송의 대상으로 삼도록 하는 보다 명확하고 일관성 있는 논의전개를 제안하였다.

• 월간 기계설비
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• s.239
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• pp.31-39
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• 2010

정부는 녹색산업에 대한 민간 투자 활성화를 위해 지난 4월 14일부터 녹색인증제 시행에 들어갔다. 녹색인증제는 유망 녹색기술 및 녹색사업, 녹색전문기업을 명확히 제시하여 적격한 투자 대상을 제시함으로써 녹색금융 투자의 불확실성을 해소함과 동시에, 민간투자자, 은행, 기업, 정부 등 관련 이해관계자 공동의 인식과 노력을 통해 '녹색성장 비전'을 산업 차원에서 실천하기 위함이다.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.3-24
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• 2009

Arbitration is the system of resolving disputes not by the adjudication of a national court but by the award of an arbitrator or arbitrators. To settle disputes by arbitration, it should be concluded that the arbitration agreement which is implied that the parties agree to submit to the arbitral award about all or certain disputes which have arisen or which may arise between them in respect of defined legal relationships. It is a matter for debate that which types of dispute may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. National laws establish the domain of arbitration. Each state decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. Therefore, the parties may agree to arbitrate disputes relating to the rights that they freely dispose of. Besides, they may have the freedom to choose arbitration as the form of a dispute resolution. Because arbitration is a private proceeding with public consequences that some types of dispute are reserved for national courts, whose proceedings are generally in the public domain. It is this sense that they may not be the object of arbitration. After all, it could be the object of arbitral proceedings that disputes which are capable of a settlement by arbitration.

• Journal of Korean Society of Forest Science
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• v.102 no.2
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• pp.216-222
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• 2013

For reducing greenhouse gases, many countries carried out a series of activities not only at home but abroad. Particularly, after the release of the Kyoto Protocol, either nation or companies' participation was intensified, due to endow to responsibility of emission limits. This study focused on reforestation CDM work in Goseong Gun based on clean development system. Obstacle factors of land eligibility could be distinguished to three periods: before December 31th 1989, present and future. The obstacle before December 31th 1989 was that land cover of study area hardly illustrated by Landsat image, due to the low resolution, which were confirmed by a document of Grassland Composition Permission instead. The problem of current land eligibility is that the area of trees presence are difficult to be determined as forest or not. The boundary of forest in strata was identified, using 3-Dimensional Cartography Machine and aerial photograph. Land eligibility would still have obstacle whether the study area with trees presence has potentiality to be forest in the future at situation in absence of reforestation project. This was resolved by prediction of tree growth using stem analysis during execution of the project at study area.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.41-65
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• 2010

It is a matter for debate that which types of dispute may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. National laws establish the domain of arbitration. Each state decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. For the promotion of fair and free competition, it is increasingly wide-ranging antitrust legislation across the world. It is matter for debate what can an arbitral tribunal do when confronted with an allegation that the contract under which the arbitration is brought is itself an illegal restraint of trade or in some other way a breach of antitrust law. The underlying question is how to accommodate the conflicting congressional policies favoring resolution of private controversies by arbitration and encouraging private suits to protect the public interests served by the antitrust laws. It is necessary to inquire into the arbitrability of antitrust issues on case-by-case basis, because the types of them are quite diverse. If antitrust issues are the dispute in private laws and the contracting parties agreed to submit to arbitration disputes which have arisen or which may arise between them in the antitrust issues, the antitrust disputes are arbitrable. Not only international antitrust disputes but also domestic antitrust disputes are capable of being resolved by arbitration. When the public interests in the enforcement of antitrust legislation are asserted, it is possible to justify the annulment or the refusal of the recognition or the enforcement of an arbitral award that ignores public policy as a matter of it.

• Journal of the military operations research society of Korea
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• v.37 no.1
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• pp.49-70
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• 2011

This paper re-evaluated the research on the accounting information's effectiveness in military construction contracts, questioning the former research results on the central army's construction contract that was under the Qualification Assessment System, especially concerning the relations between the accounting information and the bidding ratios as well as the relations between the bidding rates and the defect rates, which targeted between 1 to 10 billions civil engineering, construction, electricity, telecommunication, and environment work types. Unlike the previous results, the relationship between the accounting information and the bidding rates was shown to be considerably limited that the bidding ratio could not be identified through the accounting information, while it could discern the relations with the defect rates. Furthermore, the proven results did not support the hypothesis that the differences in bidding rates could affect the defect ratio. However, through the prediction model of bidding and defect ratios, we could identity the accounting variables that influenced the ratios. Additionally through the results regarding the non-financial indexes in the Pre-Qualification items, the weight on these indexes could be adjusted. In conclusion, the research results has given us new understanding of the problems in the Qualification Assessment System which accounts for the majority of the current military construction contracts and provide validity on the government's expanded implementation of the Lowest Price Award System.

• The Journal of the Korea Contents Association
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• v.15 no.9
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• pp.126-133
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• 2015

According to the traditional precedent, if a beneficiary who completed a provisional registration as a result of reservation of trade which is a fraudulent act, then assigned the right acquired by the provisional registration to the third party who has no information of the process, and let the third party complete an additional registration transfer the provisional registration, and if the third party completed the main registration on the foundation of the provisional registration, the beneficiary cannot be the other party of the litigation requesting for the cancellation of registration of the provisional registration. As the result, an apprehension that the duty to recovery of the beneficiary could easily be acquitted of a charge has existed. But, it is considered as desirable that the judicial decision judged that the court recognized the qualification of the defendant as appropriate at this case, with a different view from the precedent, and then the defendant can file the litigation against the beneficiary, requesting for cancellation of the reservation of trade which is a fraudulent act.