• Title/Summary/Keyword: 하자분쟁

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An Analysis of Defect Dispute about Inter-Layer Crack Repair Method on Apartment Houses (공동주택 층간 이음부 균열 보수공법에 대한 하자분쟁 분석)

  • Lee, Tae-Hyeong;Jeong, Yong-Ki;Choi, Byung-Ju;Kim, Ok-kyu
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2017.05a
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    • pp.146-147
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    • 2017
  • Recently, as the living standards of residents in apartment houses continued to improve, the dispute of post management have also increased. one of the Issue, Concrete Cracks comprised high percentage of dispute. Especially, between criteria the cost of repairing defect and the judgement of defect isn't clear, they are a lot of dispute in this regard. Even though lots of the criteria about Inter-layer crack is existed by judging defects, In a court, they are judging their own criteria about Inter-layer crack. The purpose of this study is to compare and analyze Defect Judement Standard both MOLIT and Court, and to provide the Improvement for Defect Judgement and Repair Method of Inter-layer concrete crack.

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Assessment of Defect Risks in Apartment Projects based on the Defect Classification Framework (효율적인 품질관리를 위한 공동주택 하자위험 분석)

  • Jang, Ho-Myun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.11
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    • pp.510-519
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    • 2019
  • The aim of this study was to set a defect classification framework and evaluate the defect risks in apartment buildings For this, approximately 15,056 defect items for 133 apartment buildings were examined. As a result of the analysis, the major defect of the RC work was cracks, which were found mainly in public locations. Moreover, the RC work was found to exhibit a high defect risk of water problem and surface appearance, which are highly connected with cracks. Second, the finish work has a high defect risk because it is composed of various work types, and there are many kinds of materials and construction parts involved. Third, the major defects of the waterproof work were incorrect installation and missing tasks, which have high defect risks in the garage. This is because defects that require rework occur mainly in the underground garage. Based on these results, this study proposed countermeasures for defect risk management to be considered in the construction, handover, post-handover, and occupancy phases. These have been set in detail based on the three zones: low frequency high severity (LFHS), low frequency low severity (LFLS), and high frequency low severity (HFLS).

Improvement Plans on Defect Consulting Report in an Apartment Building through Analyzing on Formal Index and Quantitative Index (형식 및 질적요소 체계분석을 통한 공동주택 하자감정서의 개선방안)

  • Park, Jun-Mo;Seo, Deok-Seok
    • Journal of the Korea Institute of Building Construction
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    • v.14 no.3
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    • pp.195-206
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    • 2014
  • The main issue of defect dispute is consulting, reviewing, and finally judging as an arbiter. A defect consulting is represented a defect consulting report, but a business custom and a standard of judgment are different each consultants, and have many problems. This study reviews literature studies and institutional researches, set up a research structure. it has 7 indexes that 5 indexes are formal indexes, and the other are qualitative indexed. As a result of case study, formal indexes are respect on the whole. However, each appraiser has different ideas, and, is expected to delay on fixing a construction lawsuit practice. This study suggests to improve a defect consulting report, it is followed. In formal part, suggested to change configuration is adjusted and integrated similar items. In qualitative part, an evaluation system for appraiser and an education program for engineers is suggested.

The Defect Diagnosis Process Model Utilizing BPMN Modeling Method in the Apartment Housing (BPMN 모델링 방식을 활용한 공동주택 하자진단 업무프로세스 모델)

  • Jung, Ryeo-Won;Kim, Kyung-Hwan;Lee, Jeong-Seok;Kim, Jae-Jun
    • Journal of the Korean housing association
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    • v.26 no.2
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    • pp.67-79
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    • 2015
  • As the Korean construction market in the apartment housing has changed to a housing consumer focused market, interest and importance on efficient use and management on existing buildings has increased rather than demand for new buildings. Interest of housing consumers on apartment house quality has increased in this market paradigm, and this spontaneously is connected to quality flaw related defect disputes and lawsuits that the importance of defect diagnosis has continuously increased. This defect diagnosis is directly connected to maintenance charges in defect dispute and lawsuit processes that rather objective and highly credible progress of duty is required. However, most defect diagnosis firms today that progress defect diagnosis are using different diagnosis methods and depend on the experience of experienced professionals that there is no standardized defect diagnosis process. Therefore, the purpose of this study is to provide common defect diagnosis process model for defect diagnosis firms utilizing the BPMN (Business Process Modeling Notation) modeling method. It is expected that this will contribute to professional and reliable task performances of concerned defect diagnosis workers. Furthermore, it is expected that design lawsuit damage will be substantially reduced by standardizing defect diagnosis processes.

Analysis on Defect Disputes in Housing & Interior Design from Consumers' Perspective and Interior Design Service Evaluation (소비자 관점에서 본 주택 및 인테리어 하자 실태 분석 및 인테리어 서비스 평가)

  • Lee, So Young;Jun, Gyung Min
    • Journal of the Korean housing association
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    • v.27 no.5
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    • pp.65-72
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    • 2016
  • The purpose of the study was to investigate defect cases in residential interior design, to identify the state of defects, and to categorize types of defect and disputes. In addition, consumer appraisal to residential interior design service were analyzed. The results of this study could provide fundamental information regarding the defects and claims in residential interior design. First, we did literature review for defect disputes in architectural design and interior design. We identify the definition of defects by building life cycle, by state of construction, by activity, and by design performance. Second, we analysed interior design defects cases reported in Korea Consumer Agency & Ministry of Land, Infrastructure and Transport. A total of 49 cases of defect disputes in residential interior design from 2000 to 2015 were investigated. As a result, many defects appeared during the construction stage. A majority of defects cases fall into insulation, water-proofing/leakage work. In terms of design aspects claim, functional and aesthetic defects were claimed. Third, from Consumer Market Evaluation Indicators, raw data from 500 respondents were investigated for the housing repair and interior design. It is found that information comparability, responsiveness to consumer claim, price, and safety are important factors for consumer satisfaction in interior design.

Research Trends on Defects of Apartment Building by Keyword Network Analysis (키워드 네트워크 분석을 이용한 공동주택 하자 연구 동향 분석)

  • Jang, Ho-myun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.9
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    • pp.403-410
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    • 2017
  • Apartment housing has rapidly increased since the housing supply policy implemented in the late 1980s. However, various defects have occurred because the policy focused only on quantity supply, while neglected quality control. In addition, disputes related to various defects are increasing. ; accordingly, studies defects of apartment houses have been continuously conducted to solve various problems. In this study, I analyzed the research trends regarding long-term accumulated defects of apartment buildings by keyword network analysis, and suggest implications. As ananalysis method, I collected journal articles using the portal of the Korea Educational and Scientific Information Agency and constructed data analysis by filtering collected academic papers and keyword refinement. Ialso performed visualization modeling for keyword network relationships, connection degree centrality analysis, and mediation centrality analysis. The results revealed that Mortgage, Dispute, Repair, Case, Response, Condensation, Cost, Institution, Standard, and Valuation are the main keywords that characterize apartment housing defects.

A Proposal of Repair Cost Estimating Criteria for Persistent Defects in Apartment Houses

  • Lee, Hae-Jin;Lim, Nam-Gi
    • Journal of the Korea Institute of Building Construction
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    • v.11 no.6
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    • pp.597-608
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    • 2011
  • It has been often noted as a problem that as there are no objective and clear criteria for the repair cost estimate of persistent defects, when a claim arises in relation to an apartment construction, significantly different amounts of compensation may be given for similar defects based on the experience and tendencies of the construction experts asked to make a judgment. For this reason, this research aims to present defect managers with a more reasonable and objective estimation criteria and a system to determine the repair cost of defects based on an analysis of relevant factors. The research findings show that the historical cost system is applied first, and then a standard of estimation is used to estimate the cost for the items that are not included in the historical cost system. The criteria for the repair cost for each defect is as follows: the repair cost for defects arising from a regulation violation is determined by calculating the reconstruction cost of the parts in question after demolishing them; the repair cost for progressive defects is determined based on a contribution ratio proportional to the age of the building; the repair cost for repetitive defects is calculated by considering an alternative to maximize the intended function of the defective parts; and the repair cost for value depreciation defects is determined based on the ratio of the warranty period to the lapsed years. However, repair cost estimation for dual value depreciation defects should be studied in future research.

Developing Countermeasure Model to Prevent Planned Lawsuit on Apartment Construction Defects (공동주택 하자기획소송에 대한 건설사 사전 대응 모델 개발)

  • Cho, Youngsun;Cha, Heesung;Kim, Kyungrai;Hwang, Youngkyu;Shin, Dongwoo
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.3
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    • pp.74-82
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    • 2014
  • The proportion of apartment housing has been increased to solve the housing problems resulted from rapid growth in urban population and urban economy. With the increase in apartment's proportions and the concern about quality of housing, the contractors have made efforts to satisfy the customers in improving the quality of housing. Despite these efforts, the conflicts between the contractor and the customers are getting serious. Also the disputes and the litigation of defect are increasing because of the contractor's negative treatment and inadequate countermeasure. In this study the defect lawsuits which bring actions against the contractors are collected and analyzed. And then the strategic countermeasures are proposed according to the classifying the type of defect and size. The suggested countermeasure model before the defects are resulted is expected to contribute in developing the contractors strategies to reduce the conflicts against customers.

Improvement of Completeness Determination in Software Development Contract Disputes (소프트웨어 도급계약 분쟁에서 완성도 산출 방식의 한계와 문제점)

  • Kim, Si Yeol
    • Journal of Software Assessment and Valuation
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    • v.17 no.1
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    • pp.1-9
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    • 2021
  • In disputes involving contracts for work, most issues boil down a single, most crucial, underlying question: whether the agreed work was completed. The same applies to software development services, which are usually usually provided under contracts for work. In disputes arising from software development contracts, appraisal is commonly used to determine the completeness of the software in question. However, it is often difficult to ensure the objectivity of the appraisal. This study examines past cases involving the determination of software completeness to identify the method used in each case. Then, based on the findings, this study identifies issues requiring improvements to ensure objective determination of completeness.

The Acceptable Range of Prescriptive Water Rights Based on 2011 the Supreme Court Ruling (기득수리권의 허용범위에 관한 연구 -2011년 대법원 판결을 중심으로-)

  • Yi, Young-Kune;Ryu, Si-Saeng
    • Proceedings of the Korea Water Resources Association Conference
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    • 2011.05a
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    • pp.100-100
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    • 2011
  • 2011년 1월 약 5년에 걸쳐 공방을 이어오던 서울시와 한국수자원공사(수공)와의 물값 분쟁 사례에 대한 대법원의 판결이 내려졌다. 서울시는 댐용수 사용료로 지불한 약 677억에 대한 부당이득금 반환 청구소송을 제기하였고, 이에 대하여 수공은 한강 취수장 물값 114억원을 청구하는 소송을 제기하였다. 결론적으로 대법원은 수공의 손을 들어줌으로서 기나긴 물값 분쟁 사례의 종지부를 찍었다. 본 사례는 대법원이 하천점용허가의 본질을 언급하는 등 향후 물값 관련 분쟁이 발생하는 경우 중요한 선례로 기능하게 될 것이다. 본 연구는 기득수리권 물량의 허용범위에 대하여 2011년 대법원 판결을 중심으로 분석하였다. 기득수리물량의 총합으로 용수료를 계산하고자 한 서울시의 주장에 대하여 각 취수장별 계약량 산정을 주장한 한국수자원공사의 논리에 대하여 대전지방법원 및 대법원의 판결을 중심으로 법적인 분석을 시도하였다. 특히, "민법" 제104조에서 규정하고 있는 '불공정한 법률행위'를 통하여 서울시와 수자원공사 간의 계약상의 하자에 대하여 분석하였다. 수리권과 관련하여 물값 분쟁에 대한 명확한 지침을 제시하는 판례를 찾기는 쉽지 않다. 민법 상의 기득수리권 규정과 하천법 상의 허가수리권 규정이 충돌하면서 명확한 법적인 해석이 곤란한 실정이다. 선서례구속의 의미에서도 본 대법원 판결은 중요한 의미를 가진다고 할 수 있다. 따라서 본 사례에 대한 상세하고 지석적인 분석을 통하여 우리나라 수리권 제도를 재 규명하기 위한 이론적인 토대로 삼는 것이 중요하다고 할 수 있다. 판결문을 중심으로 사례연구를 수행한 본 연구는 다음 두 가지 점에서 의의를 가진다. 첫째는 '공익성'이 높은 물값에 대한 객관적인 판단을 가능하게 하였다는 점, 그리고 둘째는 실질적인 물값 제도개선을 위한 중요한 선행연구로서의 가치를 가진다는 점이다.

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