• Title/Summary/Keyword: 하자분쟁

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이슈 & 이슈 - 공동주택 하자 판정, 신속.공정한 조정

  • 대한설비건설협회
    • 월간 기계설비
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    • s.244
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    • pp.36-44
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    • 2010
  • 하자 여부를 판정할 정부의 매뉴얼이 신설되고 분쟁조정 실무를 전담처리할 사무국도 출범하여, 진단기관별로 제각각인 공동주택의 하자 판정이 공정해지고 분쟁조정 속도도 빨라질 전망이다. 국토해양부는 지난 10월 18일 정창수 제1차관과 하자심사분쟁조정위원, 사무국 관계자 등이 참석한 가운데 하자분쟁조정위원회 사무국 개소식을 개최하고 본격적인 분쟁조정 업무 추진에 들어갔다. 국토부는 또 객관적이고 실효성 있는 하자분쟁조정을 위해 하자판정 기준 매뉴얼을 마련하고 각계의 의견수렴을 위해 지난 10월 18일 한국과학기술회관에서 전문가와 주택업계, 입주자 등이 참여한 가운데 공청회를 개최했다.

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Revitalization of the Conciliation System for Defect Disputes Related to Apartment Buildings - On the Technical Issue - (공동주택 하자분쟁 조정제도의 활성화 방안- 기술적 쟁점사항에 대한 대응전략을 중심으로 -)

  • Park, Jun-Mo;Kim, Ok-Kyue;Kim, Jin-Lee
    • Journal of the Korea Institute of Building Construction
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    • v.11 no.3
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    • pp.208-220
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    • 2011
  • Recently, the arbitration system for defect disputes has been introduced to settle the disputes arising from defects in apartment buildings. However, the conciliation system did not reflect the current technical issues of defect disputes and the opinions of each party involved in the disputes. Moreover, it revealed more imperfections in the content and the process of the system itself. Therefore, this study aims to review the technical aspects of defect disputes, and suggest an alternative to the conventional conciliation system. This paper also discusses logical factors that can be addressed for the current subjective judgment. It is recommended that each party involved in the defect dispute build mutual trust in order to meet social needs, which is the underlying support for the revitalization of the institutional level.

A Study of the Prevent Measure by Case Analysis of Apartment Building Defect Lawsuit (공동주택 하자소송 사례분석을 통한 분쟁방지 대책에 관한 연구)

  • Pyeon, Su-Jeong;Kim, Jong-Ho;Kim, Gyu-Yong;Choe, Gyeong-Chol;Son, Min-Jae;Nam, Jeong-Soo
    • Journal of the Korea Institute of Building Construction
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    • v.21 no.4
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    • pp.257-268
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    • 2021
  • This study analyzed the major issues of 24 defect litigation precedents before and after 2013, based on 2013, when defect litigation in relation to the rapidly increasing defect disputes in apartment houses. The amount of defect removal per household is 2,572 thousand won per household, which is about 5% less than before 2013 from 2013, but the judgment amount per household has rather increased by about 19%, showing 1,916 thousand won per household after 2013. By type of construction, defects on cracks accounted for the largest proportion before and after 2013. Before 2013, equipment, tiles, and windows appeared in the order, and after 2013, landscaping, tiles, insulation and window work were in the order. In order to prevent such defect disputes, efforts to prevent defect disputes will be needed in the design stage, construction stage, and maintenance stage.

Evaluating Importance of Defects through Defect Dispute Case Study in Apartment Buildings (하자분쟁사례를 통한 공동주택 하자 중요도 평가에 관한 연구)

  • Lee, Sang-Hoon;Kim, Jae-Jun;Lee, Sang-Hyo
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.3
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    • pp.56-64
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    • 2019
  • Various defects that occur in the maintenance stage are connected to all kinds of wasted resources and economic losses as additional investments are made. Residents are harmed temporally, materially, and psychologically, and businesses suffer not only monetary losses but also reduced credit ratings. The aim of this study was to increase the efficiency of quality management and minimize defect disputes by estimating the importance of the defect type considering the defect frequency and severity in apartment buildings. For this, 7,548 defect items for 48 apartment buildings were examined. The analysis confirmed that defects are concentrated on RC, finishing and MEP work. In addition, defects with high importance are identified as broken, incorrect installation, missing tasks, and water problems. In addition, the exterior wall/roof, the Internal wall, ceiling, and floor, which are constructed in the field, are more important than the furniture and MEP equipment installed in the field.

Assessment of Defect Risks in Apartment Projects based on the Defect Classification Framework (공동주택 하자분류체계 기반 하자위험 평가)

  • Jang, Ho-Myun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.61-68
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    • 2018
  • In general, defects cause a lot of maintenance costs and serious damage to various stakeholders, such as the owners, contractors or occupants of apartments. For this reason, a systematic and efficient defect management method is needed to minimize defect disputes. This paper derives a defect classification framework and proposes a defect risk assessment model for different types of defects. For this purpose, 6,000 defect items are allocated to the defect classification framework; these items are associated with 34 apartment projects over ten years old. As a result of this analysis, it was confirmed that the defect risks are concentrated in the areas of RC and finishing work. Based on these results, it is necessary to prevent the major risks of defects according to their priority. Based on this research, it is judged that further research to develop a method of managing the risks of defects may be necessary.

Major Issues and Improvement Measures for Disputes between Construction Companies and Residents Related to Defects in Multi-Family Housing Complexes (건설사와 입주민의 공동주택 하자분쟁 쟁점 및 개선 방안)

  • Bang, Hong-Soon;Kim, Ok-Kyue
    • Journal of the Korea Institute of Building Construction
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    • v.22 no.1
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    • pp.103-114
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    • 2022
  • In the area of construction defects, residents have a tendency to focus on visually identifiable defects, while construction companies focus on defects that affect the structural and functional integrity of apartment housing. Accordingly, construction companies and residents have conflicting views on defects in apartment housing. To address this issue, this study aimed to accurately identify the main disputes surrounding defects in multi-family housing complexes or multi-dwelling unit apartment housing caused by such sharply different perspectives and suggest improvement measures. First, standards to determine different defects and remuneration standards between the Ministry of Land, Infrastructure and Transport and the court were analyzed. Then, problems were derived through an analysis of defects in past court cases, and the differences in perspectives between construction companies and residents were identified based on defect data from various construction companies. To tackle these issues, a classification measure for establishing a defect database for multi-family homes was also proposed.

Analysis of Defect Risk by Work Types based on Warranty Liability Period in Apartments (공동주택 하자보수보증기간에 기초한 공종별 하자위험 분석)

  • Kim, Sang-Hyeon;Kim, Jae-Jun
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.4
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    • pp.34-42
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    • 2018
  • Apartment is a typical type of housing preferred by the majority of people. However, and defect disputes occur because various defects such as cracks, subsidence, breakage, water leakage, dew condensation and dropout are confirmed with numerous structures and finishing materials. From this point of view, this paper analyzes defect frequency and costs of each warranty period by work types, and estimates defect risks by using defect dispute cases. It examined about 5,337 defect items for 32 apartment over ten years old. In this paper, there are 10 types of work types and the warranty liability period is divided into 6 categories. Based on these categories, defect frequency and costs are investigated, and finally defect risk of the warranty liability period by work types confirmed. As a result of this analysis, it was found that defect risk in RC and finishing work is very high. Especially the RC work revealed that there is a high risk of trying from the third year onwards and it was found that the defect risk up to the second year is high in the finishing work. Due to aging of RC structure, the defect risk gradually increases, and finishing work initially cause defect disputes because of the housing environment.

Survey on the Crack Defects of R.C. Buildings. (콘크리트 건축구조물의 균열하자에 대한 설문조사)

  • Hong, Gun-Ho;Seo, Min-Choul;Choi, Oan-Chul
    • 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.

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A Study on the Newly Recognized Defect Factors in Defect Lawsuits of Apartment Housing (공동주택 하자소송단계에서의 하자인정항목에 관한 연구)

  • Ko, Young-Tae;Shin, Yoon-Seok;Lee, Myungdo
    • Journal of the Korea Institute of Building Construction
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    • v.20 no.6
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    • pp.567-576
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    • 2020
  • This study proposes additional items to be recognized as defects in a defect lawsuit through a case analysis of lawsuit cases in apartment housing. Identifying these defects prevents an unexpected increase in litigation costs, delays in the date of litigation, and emotion repercussions or additional lawsuits. In this study, the defects that were not discovered by the existing occupants and construction companies, but were newly discovered in litigation, were defined as defects in lawsuits. Fifteen cases of lawsuits were analyzed and a total of 77 defects were derived. Each item was then reviewed for location, work type, number of occurrences, and cost. The results were yielded 23 defect items, which were validated by appraisers who directly appraised the cases. In addition, the derived defect factors were analyzed. Finally, the 23 defect items were categorized into 10 main factors which include attributes such as causes of occurrence and characteristics. This can provide an overall area of defects to be considered in addition to existing defect items in the life cycle of the housing. The results of this study can contribute to reducing the actual occurrence of defects and minimizing the disputes in the case of defect lawsuits.