• 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.

• Korean Journal of Construction Engineering and Management
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• v.23 no.2
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• pp.65-75
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• 2022

On 11 June 2021, the Supreme Court ruled that the judgment of the lower court was justified for the subject case, that the plaintiff could assert the defendant's liability for default due to incomplete performance even though the warranty period for defects which stipulated in the particular condition of the contract has expired. In Korean civil law, the concurrent between the exclusion period for defect warranty and the extinctive prescription for default liability is conceded, since the exclusion period and the extinctive prescription have their respective purposes in law, therefore these two should be judged by harmonizing them based on that they are mutually related. If the subject judgment is generalized, there is no reason to exist for the provisions of defect liability in the construction contract any longer. This study examines the subject judgments through the general theory and precedent case studies on the defect liability and default liability, then derived any problems that may arise if the subject judgment is generalized. In addition, based on a realistic model, it was suggested for a practical improvement method that both the provisions of the warranty period shall be changed realistic and to stipulate the character of its nature as written provisions in the contract.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.113-136
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• 2020

Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.201-201
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• 2017

• Proceedings of the Korean Society of Computer Information Conference
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• 2018.07a
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• pp.248-251
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• 2018

현대사회에 있어서 스포츠는 혼란한 환경 속에서 활동하고 있는 바쁜 우리들에게 긴장감을 완화시켜 주고 건강한 신체를 유지하도록 함과 동시에 삶의 질을 강화시킬 수 있는 서비스를 지원하고 있다. 단지 스포츠는 현대사회에서 체육인이나 운동선수에게만 한정된 영역이 아니라 스포츠가 새롭게 만들어 내는 수많은 대상은 상당히 다양하고 복잡하다, 뿐만 아니라 스포츠를 통해서 국위선양은 물론 월드컵 축구 및 올림픽경기 등을 통한 국제사회에서 대단한 외교적, 경제적, 정치적 영향을 끼치고 있으며, 또한 스포츠를 통한 국내외 경제활동에도 수많은 긍정적인 영향을 주고 있다. 이처럼 현대사회에서 스포츠가 생활화되어 많은 사람들이 스포츠를 자연스러운 생활의 일부분으로 받아들이고 있으나, 스포츠와 관련하여 우연적으로 많은 사고가 발생할 가능성을 내포하고 있는 것도 사실이다. 따라서 본 연구에서는 스포츠사고에 있어서 민법상 어떤 책임을 부담하는지를 살펴보고 그에 대한 합리적인 해결방안을 모색하고자 한다.

• Korean Journal of Construction Engineering and Management
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• v.12 no.2
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• pp.121-132
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• 2011

One of the advantages of BOT PF(Project Finance) is the government can be protected from risks involved in projects as the private finances, builds, and operates relevant projects. Moreover, the private may avoid outstanding responsibility in case of default thanks to BOT PF's unique financial structure and characteristics. However, despite increasing attention on risk mitigation effect of financial structure and characteristic of BOT PF to default risk with emerging controversies of capital crunch, introduction of IFRS, and contingent liabilities, valuation of default risk mitigation effect caused by financial structure and characteristics of BOT PF still seems sophisticated due to uncertain cash flows, complexly layered contracts, and their interaction. So, this paper is to show the theoretical frame to assess the default risk mitigation effect of financial structure and characteristic of BOT PF with option pricing and related financial economic theories and to provide some meaningful implications. Finally, this research shows that the financial structure and characteristics of BOT PF help mitigate the default risk and default risk mitigation effect increases as change of relevant variables on financial feasibility gets the BOT project less financially feasible.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.217-260
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• 2013

In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.46-53
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• 2002

Although Public Construction Works in Korea have been executed according to Government Contract Act, and nature of contract is very complicated. So it is difficult to define liability for the defects. Therefore the studies on the defective performance and contractor's defects liability were remained one of the non-cultivated virgin land. As a result, contract privy waive the right to claim or generally resolve the problems. Therefore domestic and overseas liability for the defects was investigated and liability for the defects, under and after construction, on the defective performance and defects, was analysed. With a literature research, contractor's defect liability was systematically analyzed, problems were defined and resolution of the problem were suggested item by item in this study.

• Journal of Advanced Marine Engineering and Technology
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• v.40 no.9
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• pp.859-867
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• 2016

Bunker oil is an essential expense, and it is a high cost in ships' operations. Therefore, it forms an important part of the work shipowners do to minimize losses during operations. With bunkering disputes consistently occurring, bunker surveyors could be employed by shipowners through them and bunker survey companies signing a contract for a bunker surveyor service. Bunker surveyors could play the role of independent contractors and issue statements of fact in relation to bunkering. However, it would be impossible for bunker surveyors to immediately resolve a bunkering dispute since their role and the legal status is not clear while bunker surveys are being conducted on ships. Thus, this study sets out to define the legal status and liability of bunker surveyors and to seek an additional role for them when bunkering disputes occur.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.139-175
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• 2017

The Assembly plenary session on December 3, 2017 passed a Product Liability Amendment bill that introduced clauses concerning consumer burden of proof and punitive damage reimbursement. More specifically, these newly approved provisions will reduce the burden of proof placed on consumers and levy triple punitive damage on suppliers. Significant increases in the number of product-liability lawsuit and the number of related insurance contracts are expected. Since military aircraft are designed for operational purpose(seeking greater combat effectiveness over greater safety) and used in high-risk environment, it is practically impossible to obtain an affordable product-liability insurance, Without having any backup plan, military aircraft manufacturers directly face all sort of liability risks under Product Liability Act, Warrant Liability Act and Non-Performance of Contract Act. The U.S. experienced similar problems when they first implemented their product-liability law in 1970s. There had been a big dispute among legal practitioner, insurance professionals and scholars concerning military aircraft manufacturer's liability. In order to settle the issue, the U.S. Supreme Court has established a new precedent of Government Contractor Defense(GCD). The U.S. government also included an indemnity clause for military aircraft manufacturers in their FMS Contract with the Korean government. Likewise, Korean military aircraft manufacturers should 1) clearly understand their current position that they cannot afford expensive product-liability insurance and the cost is not accounted in the military procurement calculation, 2) estimate potential liability risks with the ongoing overseas export expansion in mind, 3) set up appropriate risk management measures through regulatory reform and policy development.