• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2008.11a
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• pp.458-463
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• 2008

This study focused on the suggestion that is improved alternation with relation to construction item & assurance term in order to deal with the assurance conflict efficiently which have been happened in the apartment housing. To correspond to this purpose of research, as a first step, we introduced the add item & sub item of construction work on the basis upon construction specifications of the number of 17 on housing law as a alternation of the defects assurance construction item that is necessary to correct as soon as possible. As a second step of the research, we did cross analysis & compare the result of defects happened to the apartment housing complex of 293 with the defect' rate of construction work excepted from the supervisory item, and main performance estimation items in the HPGS(House Performance Grading System), and analysis results introduced from question survey. As the result of this research work, we became to reflect the improving schemes on the housing Law the year of 2007.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2017.05a
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• pp.268-269
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• 2017

Apartment building, which has been accompanied by economic growth in Korea, is a home of life and has the value overlapping as housing and assets. The improvement of consumer's eye level and development of related technology and related service development have positive function that enriches society and creates economic wealth. On the other hand, the clash and conflict between stakeholders increase social unrest and waste our competitiveness by economic loss. The term of warranty liability of apartment building is an important issue of defect lawsuits and is only a few quantitative standards. However, in this study, we examined the revision history of the law and ordinances for the reinforced concrete construction. As a result, establishing and revising the relevant standard, there is no definite basis system to support it. To improve this, the efforts to provide the standard for term of warranty liability and quantitative and objective basis to support it should be accompanied continuously.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2022.11a
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• pp.135-136
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• 2022

Defects caused by apartment houses have the term of warranty liability according to the enforcement ordinance of Acts of the Management of Apartment Houses. In case when defects occur during the term, free defect maintenance can be provided from the construction company. Yet, there occur conflicts between the construction company and residents, as to whether there occur defects or not. To resolve these conflicts, this study aimed to analyze construction classification and types that need managing, based on defects of apartment houses occurring during the term of warranty liability. This research analyzed 138,576 cases of data, as of five apartment house complexes. For the construction classification for defects of apartment houses, wooden flooring products accounted for the highest rate, followed by paper hanging, and wooden window. For the construction types of defects, torn/scratching took up with the highest rate, followed by the condition of defect in fixing and operating. In order to embody defects occurring during the term of warranty liability, into the visualization technique, this researcher utilized the word cloud method. This study will pursue the method for maintaining defects during the term of warranty liability, in the subsequent research, using the data that this research presented.

• Journal of the Korea Institute of Building Construction
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• v.20 no.6
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• pp.527-535
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• 2020

This study analyzed main causes of claims in EPC/Turnkey projects. For this purpose, this study referred to the FIDIC silver book, which lists the international standard contract conditions for EPC/Turnkey projects. The most frequent cause of claim was delay. A process was then proposed to determine whether the owner or contractor was the responsible party when the delay claim occurred. The proposed process was for damages for delay which is the conditions of contract for indemnities against delay claim. The process was based on conditions of the contract of two previous EPC/Turnkey projects that were constructed in 2010, the FIDIC silver book, as well as the obligations of owner and contactors. The proposed process is applicable depending on the conditions of the contract and the owner's meaning. Furthermore, by identifying the responsible party, this study will contribute in identifying the possible claim types before concluding a contract and writing the specific contract.

• Journal of Industrial Convergence
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• v.20 no.8
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• pp.33-40
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• 2022

In this study, we tried to suggest a plan to improve the efficiency of operation after analyzing the actual conditions by selecting case areas operated by the cadastral resurvey responsible agency system. The research results are as follows. In the evaluation of the selection of a cadastral resurvey agency, a method to raise the qualitative evaluation score was suggested. The expansion of support for the cadastral resurvey agency made it possible to automatically connect and install when the LandyGo program is updated, and suggested that prior training should be stipulated in the related regulations. In the performance of cadastral resurvey surveying and division of duties, the installation of temporary boundary monuments and determine boundary monuments should be integrated. And this suggested the direction of conserving the project cost of the cadastral resurvey agency through joint implementation. Also, in the short-term and long-term perspectives, a plan for realization of project cost distribution in connection with the expansion of the entrustment of the cadastral resurvey responsible agency was presented. If the responsible agency system is operated by reflecting the results of this research, it is expected to improve the satisfaction of the project participants and shorten the project period.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.19-45
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• 2009

The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.9-58
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• 2005

The Warsaw Convention-officially denominated the "Convention for the Unification of Certain Rules Relating to International Transportation by Air"- is a major multilateral agreement governing the rights and responsibilities of passengers, consignor/consignee and air carriers in international transportation. Article 29(1) of the Warsaw Convention provides that the right to damages shall be extinguished if an action is not brought within 2 years, reckoned from the date of arrival at the destination, from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped. There has been disagreement as to the nature of this provision. It has been viewed on one hand as a statute of limitations, which may be tolled in appropriate circumstances. Some US Courts which have taken this approach read Article 29(2)-which states that the method of calculating the period of limitation shall be determined by the law of the court to which the case is submitted-as leaving to local law the determination of when the 2-year limitation period provided for in Article 29(1) runs. Therefore, they conclude, under Article 29(2), whenever state law would toll a state statute of limitations, the statute of limitations contained in Article 29(1) would be tolled as well. On the other hand, some other US courts have viewed the 2-year provision contained in Article 29(1) as a condition precedent to the right to bring suit, which will absolutely bar any action not brought within 2 years of the events giving rise to the action. These courts view Article 29(2) as providing only that the forum court should look to the law of the forum on the question whether the plaintiff has taken the necessary measures within the 2-year period to invoke that particular court's jurisdiction over the action. These courts have placed great weight on the "legislative" history of the Convention in reaching this position, noting in particular that the delegates to the Convention expressly considered and rejected a provision, which would have incorporated local tolling provisions.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2015.05a
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• pp.238-239
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• 2015

set of building has to be amended by applying the provisions for matters relating to collateral responsibility to protect actively the owner of the induction of sets that were built to builder to rights and convenient improvement of set building, other laws are the same is applied to a set of building, for work of confusion is expected, in the present study, to understand the defect liability of recently revised set building method, and reasonable set of buildings through a comparative analysis of related laws by presenting the direction of defect liability is to be considered a countermeasure after presenting the effect of laws through survey.

• 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.

• Korean Journal of Construction Engineering and Management
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• v.20 no.3
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• pp.22-30
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• 2019

The purpose of this study is to derive basic data of the Guaranteed Maximum Price(GMP) process and to present specimens that can be used at the time of execution of CM at Risk project in South Korea. CM at Risk project is issued in South Korea, but the actual data is lack. On the other hand, CM at Risk project is universalized and the market of the CM at Risk is steadily growing. Because of that, in this study, The United States cases was selected as a sample. GMP consists of CM's fee, CM contingency, project direct cost, project indirect cost, allowance. GMP negotiations are performed before the end of design completion, and after 3 rounds of estimation comparison, preliminary GMP is confirmed. GMP can be multiple contract and it is useful for Procurement of long lead materials and early construction. If the actual cost is lower than expected GMP, sharing of the saving is an option since the conflict of interests between the client and the contractor can occur.