• Title/Summary/Keyword: 하자판정

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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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Improvement Measures for the Defect Determination and the Application of Repair Method for Interlayer Cracks in Apartment Houses (공동주택 층간균열의 하자판정 및 보수공법 적용에 대한 개선방안)

  • Choi, Sangjin;Shin, Manjoong
    • Korean Journal of Construction Engineering and Management
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    • v.23 no.5
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    • pp.23-33
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    • 2022
  • Cracks, which account for the largest proportion of defect lawsuits in apartment buildings, are not clear on the criteria for defect determination, so judgments about defects are mixed. Interlayer cracks, which account for most of the crack defect judgment amount, tend to be judged as defects regardless of the crack width or condition, and repair methods are mostly set uniformly. This starts from the problem that the standards of the Ministry of Land, Infrastructure and Transport and the Construction Appraisal Practice, which the courts use as standards, do not match. It is necessary to establish a defect determination standard that can be applied to all stakeholders through the amendment of laws and the revision of the Court Appraisal Practice. In addition, it is necessary to apply the crack repair method according to the width and condition of the interlayer crack. If the defect determination and the application of the repair method for cracks are rationalized, it could serve as an opportunity to change the current trend of defect disputes that rely only on litigation.

A Study on the Improvement Plan through Analyzing the Perception of Expert Group about Landscape Construction Defects (조경공사 하자에 관한 전문가 집단간 인식분석을 통한 개선방안 연구)

  • Lee, Sang-Suk;Yu, Joo-Eun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.4
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    • pp.104-113
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    • 2012
  • This study aimed to find out the improvement plan through analyzing the perception of the expert group engaged in landscape architectural construction and to focus on analyzing the expert groups' experience on Landscape Construction Defects (LCD), defect liability, warranty period, and implementation of the defect liability. The results are as follows: 1. Regarding the experience on the LCD, landscape construction contractors were an awareness of the LCD issue at a serious level, while public-sector clients recognize moderately the LCD issue; and on the first priority in defect implementation, landscape construction contractors considered repair cost while public-sector clients value the identifying causes of defects. 2. In disagreement on the defect liability, landscape construction contractors attributed it to client's lack of responsibility for maintenance while public-sector clients ascribed it to the absence of dealing a criteria with LCD, and regarding the appropriate defect implementation, public-sector clients preferred the following objective by dealing the criteria with LCD while landscape construction contractors advocates by sharing the responsibilities for dealing with LCD based on the identified causes of construction defects. 3. Regarding the warranty period, the public-sector clients considered the 2-year warranty period as appropriate while landscape construction contractors considered it comparatively long, and concerning the commencement of defect warranty period, the public-sector clients viewed it as it should commence to cover the overall completion of the construction while landscape construction contractors perceived it to start on the completion of each work. 4. As for the improvement of the defect implementation system, public-sector clients considered it necessary to establish the objective dealing the criteria with LCD while landscape construction contractors viewed the legislation of maintenance duty. Also, with regard to the important value in establishing and dealing the criteria with LCD, public-sector clients pointed out the objective of the criteria for determining the defects per work type while landscape construction contractors suggested client (user)'s maintenance duty. Because of research, because the system in dealing with LCD is an absence of LCD management agency and dealing the criteria with LCD, it is needed to establish an LCD management agency and make the system in dealing with LCD.

A Study on the Improvement of Defect Management through Judicial Precedents of Landscape Construction Defect (조경공사 하자판례 분석을 통한 하자처리 개선방안 연구)

  • Jung, Myeung-Muk;Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.1
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    • pp.81-91
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    • 2012
  • The purpose of this study was to analyze judicial precedents related on landscape construction defects(JPLCD) and suggested the improvement plan for dealing with it. The results are as the following: 1. Landscape construction defects litigations have been increased so far since 2000 and the duration of original trial was approximately 603 days, while appeal trials took up to 550 days. Therefore, the analysis revealed that settlement of disputes were lengthy and wasteful to consumers and constructors. 2. Judgement's cost accepted by the judge was only 53.6% of appraisal's cost appraised by appraiser, therefore it revealed appraiser overestimated the repair cost of landscape construction defects. 3. According to work classification categorized by Landscape Construction Standard Specification(2008) of the Korean Institute of Landscape Architecture, landscape planting amounted to 75% of JPLCD and plaintiff(consumers)'s prevailing rate of it reached 77% to be a serious burden to constructors. 4. According to JPLCD categorized by the type of dispute, defects caused by consumer's negligence for maintenance amounted to 29% and defendant(constructors)'s prevailing rate of it reached 64% to be the main responsibility of consumers. Further study will be required to make the judge standard of landscape construction defects through legal and technical research.

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 on Legal Issue of Lawsuits and Subjective Judgment on Defects in Apartment Building (공동주택 하자소송의 법률적 쟁점사항과 판정체계분석)

  • Park, Jun-Mo;Seo, Deok-Seok;Choi, Jeong-Hyun;Kim, Ok-Kyue;Park, Kang-Woo;Jo, Jae-Hun
    • Journal of the Korea Institute of Building Construction
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    • v.12 no.1
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    • pp.42-53
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    • 2012
  • Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

지식 365$^+$: 평가원 리포트1 - 등급판정결과로 살펴본 육우사육 현황

  • Baek, Jang-Su
    • KAPE Magazine
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    • s.189
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    • pp.6-9
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    • 2012
  • 육우는 일반적으로 홀스타인의 수소나 미경산 암소를 비육하여 출하하는 고기소다. 홀스타인 자체가 우유생산을 목적으로 개량되어 옴에 따라 다른 육용종 소에 비해 육질적인 측면에서 불리한 부분이 있지만 사양관리 방법에 따라 등급판정결과는 크게 달라질 수 있다. 따라서 지난해 등급판정결과에 대한 분석을 통해 육우사육의 현황과 앞으로의 방향에 대해 살펴보기로 하자.

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Dispute Issues and Improvement of Inter-layer Joints in Apartment Houses (공동주택 층간이음부의 분쟁 쟁점 및 개선 방안)

  • Bang, Hong-Soon;Bae, In-ho;Kim, Ok-Kyue
    • Journal of the Korea Institute of Building Construction
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    • v.21 no.2
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    • pp.129-139
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    • 2021
  • Recent rise in the supply rate of new public apartment houses leads to an increasement in disputes regarding the construction quality of the apartments between the residents and the construction companies. According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found; and 3) the fact that the court grants generous compensation for disputes concerning the apartment houses. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

A Study on the Proposal of Amendment of Laws and Regulations on the Improvement of Defect Determination Criteria for Painting Work and the Establishment of Replacement Cycle for Fire door (도장공사 하자판정기준 개선 및 방화문 교체 주기 설정에 관한 법령 개정안 제안 연구)

  • Kim, Soo-Yeon;Kwon, Young-Jin;Kim, Yun-Seong;Oh, Sang-Keun
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2022.11a
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    • pp.95-96
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    • 2022
  • Based on the analysis of defects occurring before and after painting work, this study intends to derive a reasonable improvement in judgment criteria and propose an amendment to the relevant law through the establishment of a clear fire door replacement cycle in terms of fire safety.

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"대한설비기술연구소" 연내 설립예정

  • 대한설비건설협회
    • 월간 기계설비
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    • s.4
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    • pp.116-117
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    • 1990
  • [ $\ulcorner$ ]설비연구소$\lrcorner$의 설립은 그동안 설비업계의 숙원인 하자사례의 정확한 분석 및 불량자재 시험판정 등 과학적인 데이터 제시로 억울한 피해사례를 근절 시킴은 물론 공법개발 등으로 설비업계의 위상을 정립시키는데 그 목적을 두고 있다.

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