• 한국건설관리학회논문집
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• 제23권5호
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• pp.3-14
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• 2022

건설공사는 이해관계자들 간에 클레임(claim)이 발생할 가능성이 높은 특징을 지니고 있다. 클레임 그 자체가 분쟁은 아니지만, 당사간에 이견이나 갈등으로 인해 상호간 합의가 이루어지지 않으면 이는 분쟁으로 발전하게 될 가능성이 높다. 발주자와 건설사 간에 분쟁이 발생하게 되면 양측 모두에게 부정적인 영향을 끼치며, 건설분쟁을 최소화 하거나 선제적으로 대응하기 위해서는 발주자의 역할이 더욱 중요하다. 본 연구의 목적은 연관규칙 분석(Association Rules Analysis)을 바탕으로 분쟁유형과 분쟁원인의 연관성을 도출하고 주요 특징 및 발주자 관점의 시사점을 제시하는데 있다. 본 연구를 통해 분쟁유형과 분쟁원인간의 연관성을 파악할 수 있었으며 연관성이 높은 규칙을 도출할 수 있었다. 또한 연관규칙 분석을 통해 분쟁유형과 분쟁원인의 연관성을 도출함으로서 단순한 기술통계(빈도수)에 의존하는 것과 비교하여 보다 체계적인 분석을 실시하였다. 사례 분석을 통해 발주자 관점의 시사점으로 분쟁원인을 해소하기 위한 방향도 제시하였다. 본 연구의 결과를 통해 분쟁유형과 분쟁원인의 연관성에 대한 이해를 높일 수 있으며 건설공사의 분쟁을 선제적으로 대응하는데 유용하게 활용될 수 있다.

• Journal of Medicine and Life Science
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• 제16권1호
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• pp.10-12
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• 2019

Medical disputes can always arise in the medical environment. We aimed to decrease the medical disputes by analysis for causes and results of cases of medical disputes. The cases of medical dispute were found on the homepage of the Supreme Court based on the judgment data which was searched using the keyword 'Jeju, Medical accident' and it was described as the area related to each medical accident. There was total of 13 cases related medical disputes in Jeju. The final states of the patients were different in each causes, but death accounted for 10 cases (76.92%), comatose state for one and disability for two respectively. The cases were 2 related with an injury from a fall. The major cause was violation of medical care obligation. Physician have to learn recent medical knowledge, have competence, and explain the detailed procedures and complications before the procedures dependent on patient autonomy.

• 지역연구
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• 제12권2호
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• pp.79-97
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• 1996

Local dispute resolution has evolved in response to the need for effective ways to cope with the increasing numbers and types of local disputes. Where resources are limited, where the activities of individeuals or communities affect other individuals or communities, and where interests deviate or compete, disputes are likely to emerge. Efforts to resolve local disputes vary in their particulars but generally have certain elements in common. Therefore, this study focuses upon the fundamental directions and strategies for resolving local disputes. More specifically, the purpose of this study is to examine the causes of local disputes, to suggest fundamental directions for resolving local disputes, and then to explore the strategies for resovling local disputes. In the face of rising local disputes, planners need to become more aware of the possibilities for consensual dispute than one potential path to consensus. In spite of this variability, desirable strategies in local dispute resoultion processes can be identified.

• 한국건설관리학회:학술대회논문집
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• 한국건설관리학회 2007년도 정기학술발표대회 논문집
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• pp.473-478
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• 2007

여러조직과 많은 사람이 참여하는 건설프로젝트는 갈등이 발생할 수 있다. 이러한 건설참여자들 사이의 갈등은 건설프로젝트 건설프로젝트의 커다란 관심거리로서 이의원인에 대한 연구는 대단히 중요하다. 본 연구의 목적은 건설산업에서 분쟁의 근본적 원인을 조사하고자 현장의 건설전문가들(발주자, 컨설턴트, 시공사)로부터 설문자료를 이용하여 자료수집 하였고 이 조사 자료를 통계적 분석을 통하여 건설갈등의 근본원인인 재정적 요인 등 10가지를 도출하였고 이를 (i) 프로젝트 리더쉽의 부족, (ii) 부실기공사의 선정, (iii) 부실한 프로젝트 관리 경영, (iv)프로젝트 전문가의 태도의 4가지로 분류하였다.

• 수산경영론집
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• 제28권1호
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• pp.1-26
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• 1997

The Proposal of this paper is to draw up solution about fishing disputes in Korea coastal waters. Small fishing vessels under 8 metric tons which is regulated by the provincial governors, must operate within provincial boundary on the sea as in fishery policy of Korea. on this, I think that the present situations of fishing disputes have related to the fishing license system. Problem of this kind, Before 1970's, fishing disputes rarely took place, and it, if any, did not bring any social conflicts or disputes. Since 1980's, some of fishing disputes have been reported within fisheries society Recently, The disputes have been increasing to become social conflicts between local people concerned and have evoked an argument on whether the provincial boundary on the sea exists. If such disputes continues to increases or remains unsolved, they will bring a tremendous social cost such as an accelerated decrease in fish resources, degradation of fishing grounds, disorder in fishing, destruction of fisheries culture and so on. The reasons for the growing disputes can be specified as fellows : the degradation of fish resources, the present fishing license system which inherently causes competitions in fish catching, irrational ceiling system of fishing vessels, legal problem on existing boundary between neighbouring two provinces, the functional problem of national or regional fishery coordination committee which has been established to coordinate general fishing disputes. This study has also dealt with Japan's experiences in fishing disputes which has the history of more than a hundred years and its coordinating mechanism. In the discussion section, some possible solutions have been briefly touched fer further study.

• 국제학술발표논문집
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• The 9th International Conference on Construction Engineering and Project Management
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• pp.57-66
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• 2022

Claims and disputes are major causes of cost and schedule overruns in the construction business. In order to manage claims and disputes effectively, it is necessary to analyze various types of contract documents punctually and accurately. Since volume of such documents is so vast, analyzing them in a timely manner is practically very challenging. Recently developed approaches such as artificial intelligence (AI), machine learning algorithms, and natural language processing (NLP) have been applied to various topics in the field of construction contract and claim management. Based on the systematic literature review, this paper analyzed the goals, methodologies, and application results of such approaches. AI methods applied to construction contract management are classified into several categories. This study identified possibilities and limitations of the application of such approaches. This study contributes to providing the directions for how such approaches should be applied to contract management for future studies, which will eventually lead to more effective management of claims and disputes.

• 대한치과의사협회지
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• 제52권2호
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• pp.69-74
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• 2014

Many patients have been suffering the continued hypersensitivity and pain of teeth after operative or endodontic treatment. The primary purpose of this paper is to examine the causes of the pain and the hypersensitivity of teeth, and to resolve conflicts between dentists and patients. The secondary aim of this paper is to prevent medical disputes. Evidence-based dentistry and making a good relationship with patients will reduce disputes on dental treatment.

• Journal of Construction Engineering and Project Management
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• 제4권4호
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• pp.41-46
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• 2014

Indian Construction industry is large, volatile, and requires tremendous capital outlays. Typically, the work offers low rates of return in relation to the amount of risk involved. A unique element of risk in the industry is the manner in which disputes and claims are woven through the fibre of the construction process. Delay is generally acknowledged as the most common, costly, complex and risky problem encountered in construction projects. Because of the overriding importance of time for both the Owner and the Contractor, it is the source of frequent disputes and claims leading to lawsuits. The growing rate of delays is adversely affecting the timely delivery of construction projects. Presently construction industries are facing a lot of problems, considering that a paper assess construction stakeholder's perception to the causes of delays and its effects on project delivery. And also one case study is considered in this paper to elicit responses from construction stakeholders. The primary aim of this paper is to identify the perceptions of the different parties regarding causes of delays, the allocation of responsibilities and the types of delays, and method of minimizing the construction delays.

• The Journal of Asian Finance, Economics and Business
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• 제7권8호
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• pp.635-644
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• 2020

The construction industry in developing countries like Vietnam, which incorporates small and medium construction enterprises, is typically more prone to disputes and contract dispute-related lawsuits. A dispute may occur at any time in the life cycle of the project. It is sometimes solved with the intermediation of a lawyer or directly by stakeholders. Understanding the causes of disputes in a construction project not only improves the efficiency of a company but also increases the success of projects. This study was carried out using a questionnaire survey at construction projects in Ho Chi Minh City. Sample data with 117 observations were analyzed to find the disputing factors in construction projects: diversity of working style among the parties; reluctance to work; and poor teamwork. Correlation coefficient on a rank of factors between design consultant and contractor; Design consultant and project owners are positively correlated. The Exploratory Factor Analysis (EFA) analysis identified six groups of factors in construction disputes: cooperation, technology, economics, productivity, information, and behavior. The findings are useful for enterprise practice and provide participants with an overview of sources of dispute. Thus, a more complete risk management plan can be formulated, which will accelerate project progress and improve the likelihood of success.

• 국제학술발표논문집
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• The 1th International Conference on Construction Engineering and Project Management
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• pp.758-763
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• 2005

For international projects in general and the projects in the Gulf area in Particular, the most common cause of construction disputes and claims is construction delay. This paper will present different surveys to identify the causes of delay, the parties responsible, and how delay can be avoided. This paper will outline how these factors impact damage assessment and entitlement. Furthermore, a case study will be presented to show how the responsibility and damages due to delay are assessed and how entitlements are calculated.