• KSCE Journal of Civil and Environmental Engineering Research
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• v.44 no.1
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• pp.75-83
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• 2024

This study examined the causes and remedies of bid-rigging in the construction industry through a survey of procurement practitioners. The study identified potential problems from the business, construction, and bidding environments, and proposed improvements to the procurement and bidding systems to address these problems. The study found that transparency, fairness, and diversity are important factors in reducing bid-rigging. These factors can be achieved through a variety of measures, such as expanding bidding systems, strengthening fairness standards, and increasing the diversity of participating companies. The study also found that unfair subcontracting regulations are a problem that needs to be addressed. There were differences in the perceptions of the causes of bid-rigging between the general and specialized construction groups. However, there was no difference in the perceptions of improvements to the procurement system between the two groups. This suggests that a consistent solution to bid-rigging can be found. The study's findings are expected to contribute to the resolution and prevention of bid-rigging in the construction industry.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.99-143
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• 2016

General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

• Korean Journal of Construction Engineering and Management
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• v.22 no.1
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• pp.63-71
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• 2021

The construction guarantee market is a rear market affected by changes in the construction industry and market. As the restructuring of the construction industry's production system is being carried out, such as the abolition of regulations on business field between general and specialty contractors, major changes are expected not only in the construction market but also in the construction guarantee market. In construction guarantee market, there are currently three Contractor Financial Cooperatives, which are divided based on business field and business type(General, Specialty and Plant & Mechanical). The abolition of business field regulation will have various effects on construction guarantee market, such as forming a competitive structure among the three Contractor Financial Cooperatives. Therefore the role of the construction guarantee institutions are also required to change. This study predicted the changes in the construction guarantee market after the restructuring of construction industry and analyzed the ripple effect on the market. This study reviewed the details of the reorganization plan on the construction industry, policies and statistical data related to construction guarantee, and lastly conducted the survey on each member of the three Contractor Financial Cooperatives to analyze the usage behavior in the future guarantee market. Based on the result of this study, the members of both the General Contractor Financial Cooperative and Specialty Contractor Financial Cooperative are not willing to change the existing institutions, but a lot of them are expected to use other institutions in duplicate. The members of the Plant & Mechanical Contractor Financial Cooperative are most willing to use other guarantee institutions.

• The Journal of the Korea Contents Association
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• v.12 no.1
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• pp.211-224
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• 2012

The performance-related industry has grown independently without being protected by the nation's great policy and legal boundary in the meantime. Even in the aspect of performance Act, the thoroughly pro-regulation policy on culture & art was taken while proceeding with segmenting the legislation rather than the freedom of performance art or the promotion of performance activity. Totally 17 cases of regulations including the abolition of scenario review system in January 1999 were fully abolished. Even 6 cases of regulations were steeply eased. Also, the importance of culture & art was recognized. Thus, to promote and support it in the governmental dimension, the substantial performance art policy system was adopted for training the performance art staff manpower and the national subsidy on performance hall. In performance art, the necessity of professionals' participation was imprinted such as stage lighting, sound, and stage machine. Accordingly, many regulations on performance art were all abolished except only the minimum issues for maintaining public order in about 50 years since the establishment of the government. 'Movie' was excluded from the definition of 'public performance' in 2002. Thus, the performance report system, which had been left institutionally from the Japanese colonial period, was eternally abolished. Following this, the performance Act was changed into the legislation of the supporting promoting policy, which reflected historical situation of needing to contribute to promoting public welfare, from the regulation-centered Act.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.3-42
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• 2018

This paper aims to explore ways to develop the arbitration industry in Korea. The prospects for the promotion of the arbitration industry in Korea are never dim. International arbitration competitiveness is somewhat lower than its competitors at present, but the international economic base to support it is solid, and the domestic arbitration environment seems to be sufficient to support the development possibility of arbitration. Since geographical and economic factors have already been defined, Korea must at least improve the arbitration act with passion and vision for the best one. The arbitration act that is the most accessible to arbitration consumers is the best arbitration act. The important thing is to have an arbitration act that makes people want to use more than litigation or other dispute resolution procedures. There is no hope of remaining as a "second mover" in the field of arbitration law. One should have a will and ambition to become a "first mover" even if it is risky. Considering the situation of the current arbitration law, it is necessary to start an arbitration appeal system in order to become a consumer-friendly arbitration law, and it is necessary to examine ways of integrating the grant of execution clause and enforcement application procedures. The abolition of the condition of Article 35 of the Arbitration Act, which rules the validity of the arbitration award, will help promote international arbitration. Exclusion agreements of setting aside against arbitration awards must also be fully recognized. It is also important to publish a widely cited international arbitration journal. In order to respond to the fourth industrial revolution era, it is necessary to support the establishment of a dispute resolution system that utilizes IT technology. In order to actively engage the arbitrators in the market, it is necessary to abolish the regulations that exist in the Attorneys-at-Law Act. There is also a need to allocate more budget to educate arbitration consumers and to establish arbitration training centers to strengthen domestic arbitration education. It is also necessary to evaluate and verify the Arbitration Promotion Act so that it can achieve results. In the international arbitration market, competition is fierce and competitors are already taking the initiative, so in order not to miss the timing, Korea needs to activate international arbitration first. In order to activate international arbitration, the arbitration body needs to be managed with the same mobility and strategy as the agency in the marketplace. In Korea, unlike in Singapore and Hong Kong, it is necessary to recognize that the size of the domestic arbitration market is very likely to increase sharply due to the economic size of the country and the large market potential it can bring from litigation. In order to promote the arbitration industry, what is most important is to make arbitration activities in accordance with the principles of the market and to establish an institutional basis to enable competition. It is urgently required to change the perception of the relevant government departments and arbitration officials.

• Journal of the Korean Association of Geographic Information Studies
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• v.19 no.1
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• pp.53-63
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• 2016

In this paper, we proposed the improvements for performance test and surveying equipment regulations, standards, methods and procedures, depending on the need of improving the legal system for surveying equipment in a diverse and sophisticated surveying industry. This research was performed first investigating the existing legal systems(Act on the establishment and management of spatial data, Framework act on national standards, ISO 17123, JIS B 7912) with respect to the surveying equipment performance testing and the research for IOS and KOLAS suggested the improvements on the application for the surveying equipment performance testing standard. More exactly, first, two years were presented for the surveying equipment performance testing cycle considering the precise accuracy of the instrument stability, purpose and frequency of use, etc. Second, the abolition of the measurement distance by grade and the upward or cross-grade adjustment of the single prism standards about the light wave rangefinder and total station were suggested for the improvement on survey equipment performance criteria. Third, since the main function of total station is focused on a three-dimensional coordinate measurement due to the improvement of surveying equipment performance testing, it was proposed to use the precision(repeatability) of the coordinate measuring method as an evaluation method.