• Title/Summary/Keyword: Condition of Contract

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Development of an evaluation index based on supply capacity for practical evaluation of drought resilience (현실적 가뭄대응력 평가를 위한 공급가능일수 기반의 평가지표 개발)

  • Kim, Gi Joo;Kim, Jiheun;Seo, Seung Beom;Kim, Young-Oh
    • Journal of Korea Water Resources Association
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    • v.56 no.1
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    • pp.11-21
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    • 2023
  • This study suggests the drought resilience index as S-day as a means of preparing for the recent extreme drought, allowing for the actual operational identification of each drought countermeasure's priority as well as the vulnerability of water resource facilities to drought. Although each dam's drought measures are unique in this case, the representative examples include adjusting the water supply, linking the functioning of various facilities, and considering emergency capacity. Here, 15 multipurpose dams and water supply dams in Korea were inspected. Under the return period of 20-year drought, most of dams showed stable by adjusting the water supply overall. The measures, however, did not seem to be able to resist a multi-year drought lasting more than two years. Besides, Hoengseong and Anodong-Imha Dam only lasted a year under the 100-year drought return period with other measures. Without the deployment of drought mitigation strategies, it is expected that the Hoengseong Dam, Andong-Imha Dam, Gunwi Dam, Unmun Dam, Daecheong Dam, and Juam Dam would not be able to meet the all water demand for a year under the 20-year drought condition. The ideal capacity for each drought measure was then suggested. Additionally, by increasing or decreasing the current supply contract by 10% in order to account for demand changes resulting from socio-economic instability, the drought response capacity of all 15 dams was re-evaluated. By lowering the supply contract amount by 10%, it was possible to endure a severe drought.

The analysis of the foreign laws related to landscape architecture and a study on the reasonable application to the expected organic law for landscape architecture in Korea (외국의 조경관련 법제도의 비교분석과 한국에서의 조경기본법 제정을 위한 합리적 적용에 관한 연구)

  • 신익순
    • Journal of the Korean Institute of Landscape Architecture
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    • v.25 no.3
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    • pp.66-88
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    • 1997
  • There is no special law of Landscape architecture in Korea. So, examining the concept from the legal basis of LA with the viewpoint of a natural scientist not a jurist, this study was conducted to grasp the present condition of the name and the related text of the foreign laws in force which were connected with LA.. And those foreign laws were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. Current domestic regulations to the various fields of LA are assembled with the many related rules. The governmental organization conducting those business is nonexistent up to now and it is generally known to except the dept. of LA from the office organization in Korea. Being at a disadvantage as mentioned above, this study was progressed under the necessity of the scientific basis for the expected organic law of LA proposed to establish it by every field of LA. Though feels inconvenience if the study for the items itself of LA had been proceeded prior to the study of laws relating to LA throughout the study, such a extensive study will be a subject to be attempted constantly hereafter by all part of landscape architects. The contents of the study are as follows ; 1. The present condition of the foreign laws connected with LA 1. The proposal & analysis of the problems and the solutions to the domestic laws connected with LA 3. The proposal of the reasonable application pklan in order to establish the organic law for LA. Among the items relating to LA such as engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, open space, facilities, aesthetics and sight, park, land use and development planning, urban and regional planning, leisure space planning, environmental conservation and ecology, structural engineering of construction, administration, right and penal regulations, the laws dealing with the matter relating to LA directly or indirectly are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the independent law of LA is likely to be establish with not only selecting and arranging the matter having closed connections to LA directly but also being recognized as the systematic equipment of the LA business. It was to be analyzed the present condition of the collected foreign laws relating to LA. After pointing out the problems to the domestic related laws being at issue, the remedies for it were presented through the questionnaire of the landscape specialist in which the supporting opinions to the recognition to the problems and the solutions were come to a major portion. Three types of application such as applicable, non-applicable, applicable after examination were presented to decide whether or not the foreign related laws were applied to the domestic one. The result of analysis shows that 42 statutes and 9 ordinances are applicable, 4 statutes and 7 ordinances are non-applicable, 1 constitution, 81 statutes and 48 ordinances are applicable after examination.

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Deriving Key Risk Sub-Clauses which the Engineer of FIDIC Red Book Shall Agree or Determine according to Sub-Clause 3.7 -based on FIDIC Conditions of Contract for Construction, Second Edition 2017- (FIDIC Red Book의 Engineer가 합의 또는 결정해야할 핵심 리스크 세부조항 도출 -FIDIC Red Book 2017년 개정판 기준으로-)

  • Jei, Jae Yong;Hong, Seong Yeoll;Seo, Sung Chul;Park, Hyung Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.43 no.2
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    • pp.239-247
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    • 2023
  • The FIDIC Red Book is an international standard contract condition in which the Employer designs and the Contractor performs the construction. The Engineer of FIDIC Red Book shall agree or determine any matter or Claim in accordance with Sub-Clause 3.7 neutrally, not as an agent of the Employer. This study aimed to derive Key Risk Sub-Clauses out of 49 Sub-Clauses that the Engineer of FIDIC Red Book recently revised in 18 years shall agree or determine according to Sub-Clause 3.7 using the Delphi method. A panel of 35 experts with more than 10 years of experience and expertise in international construction contracts was formed, and through total three Delphi surveys, errors and biases were prevented in the judgment process to improve reliability. As for the research method, 49 Sub-Clauses that engineers shall agree on or determine according to Sub-Clause 3.7 of the FIDIC Red Book were investigated through the analysis of contract conditions. In order to evaluate the probability and impact of contractual risk for each 49 Sub-Clause, the Delphi survey conducted repeatedly a closed-type survey three times on a Likert 10-point scale. The results of the first Delphi survey were delivered during the second survey, and the results of the second survey were delivered to the third survey, which was re-evaluated in the direction of increasing the consensus of experts' opinions. The reliability of the Delphi 3rd survey results was verified with the COV value of the coefficient of variation. The PI Risk Matrix was applied to the average value of risk probability and impact of each of the 49 Sub-Clauses and finally, 9 Key Risk Sub-Clauses that fell within the extreme risk range were derived.

Legal Study for the KSLV launching - Products & Third Party Liability - (KSLV발사에 따른 제작 및 제3자피해 책임에 대한 우주법적 소고)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.169-189
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    • 2006
  • In 2007, KSLV(Korea Small Launching Vehicle) that we made at Goheung National Space Center is going to launch and promotes of our space exploration systematically and 'Space Exploration Promotion Act' was enter into force. 'Space Exploration Promotion Act' article 3, section 1, as is prescribing "Korean government keeps the space treaties contracted with other countries and international organizations and pursues after peaceful uses of outer space." The representative international treaties are Outer Space Treaty (1967) and Liability Convention (1972) etc. In Liability convention article 2, "A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The important content of the art. 2 is the responsible entity is the 'State' not the 'Company'. According by Korean Space Exploration Act art. 14, person who launches space objects according to art. 8 and art. 11 must bear the liability for damages owing to space accidents of the space objects. Could Korean government apply the Products Liability Act which is enter into force from July 1, 2002 to space launching person? And what is the contact type between Korea Aerospace Research Institute(KARl) and Russia manufacturer. Is that a Co-Development contract or Licence Product contract? And there is no exemption clause to waive the Russia manufacturer's liability which we could find it from other similar contract condition. If there is no exemption clause to the Russia manufacturer, could we apply the Korean Products Liability Act to Russia one? The most important legal point is whether we could apply the Korean Products Liability Act to the main component company. According by the art. 17 of the contract between KARl and the company, KARl already apply the Products Liability Act to the main component company. For reference, we need to examine the Appalachian Insurance co. v. McDonnell Douglas case, this case is that long distance electricity communication satellite of Western Union Telegraph company possessions fails on track entry. In Western Union's insurance company supplied to Western Union with insurance of $ 105 millions, which has the satellite regard as entirely damage. Five insurance companies -Appalachian insurance company, Commonwealth insurance company, Industrial Indemnity, Mutual Marine Office, Northbrook Excess & Surplus insurance company- went to court against McDonnell Douglases, Morton Thiokol and Hitco company to inquire for fault and strict liability of product. By the Appalachian Insurance co. v. McDonnell Douglas case, KARl should waiver the main component's product liability burden. And we could study the possibility of the adapt 'Government Contractor Defense' theory to the main component company.

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우리나라 S/W 벤처기업의 경영현황

  • 한계섭;손성호
    • Proceedings of the Korea Association of Information Systems Conference
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    • 2000.11a
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    • pp.26-31
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    • 2000
  • It is said that the focus of managing venture business is currently moving from technology competition to management competition. By the way, the software venture business(SVB) has some weak points in its structural composition and itematization and no professional personnel in other several sections except technology development section. In addition, such basic functions as technology and R & D, finance and accounting, marketing required to the management of business are concentrated on only one man, its representative director. Therefore, this study aims to provide the basic data useful to the establishment of governmental policy in information and communication, to the rearing of the SVB by a local government related to the software, and to the administration of SVB by investigating the actual conditions. This study attempts to examine the literature on venture business and software industry, and its management with a questionnaire about the actual conditions of managing the SVB. The questionnaire is given to 527 local enterprises belonging to the Software Industry Association and to 171 enterprises in the Software Center. This study compromises the characteristics of the SVB, the actual conditions of its technology and R & D, finance and accounting, and marketing. The characteristics of the SVB are classified into categories such as the stage of its growth(the stage of its seed and start-up, the stage of tis development and growth, the stage of its stability and maturity) and the main business(the system integration, the software development for contract, the package software development service, the software-related service). Additionally, the study attempts to analyze positively the actual condition of its management after classified by the areas of business profile, its general management, its technology development, its finance and accounting, and its marketing The result of this study is found that the SVB has a lot of troubles in part of marketing and finance & accounting activity as well as general management. The SVB realizes the importance of the technology development rather than that of management activity including marketing activity. So we expect this study can assist the SVB to establish the business guidelines for own management plans.

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A Study on The Problem of The Revised Security Industry Law and Improvement Plan (개정 경비업법의 문제점과 개선방안에 관한 연구)

  • Park, Hyung-Sik
    • Convergence Security Journal
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    • v.13 no.5
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    • pp.129-135
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    • 2013
  • The revised security industry law revised 17 provisions among 31 provisions in order to root out the violent event. The main contents of the revised security industry law is the intensitfication of the required condition of permission, intensitfication of the obligation, management strengthening of the public resentment of group field, official, reason of expansion of the expenses instructor and guard, dress and equipment, vehicle, intensitfication of the managing director, intensitfication of the punishment, and etc. However, there is the problem including the putting under an obligation of the arrangement new appointment education, cause provider punishment of the service company violence, awareness of the police to the security company, excessive regulation, intensification of punishment problem, supervision power intensitfication of the revised security industry law is excessive the police, and etc. The individual responsibility education completion method and public resentment of group field in addition to is thought in order to solve this that exclusion of the prior education obligation, revision of the security industry law, burden on tax payers of the extra charge, punishment of the violence request contract trader, introduction of the guard qualification certificate system, and etc. are needed.

The Current Situation of Construction Arbitration and Suggestions to Increase its Use in Korea (우리나라의 건설중재 현황과 활성화 방안)

  • Chae Wan-Byung
    • Journal of Arbitration Studies
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    • v.14 no.2
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    • pp.243-279
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    • 2004
  • The construction arbitration field has developed considerably since the latter half of the 1990s. Through analysis of construction arbitration cases taken up by KCAB, this paper intends to show the present condition and the improvement direction of construction arbitration in Korea. The number of construction arbitration cases filed at KCAB has been increasing rapidly after 1997, but recently the rate of increase has tended to decline. From 2000 to 2003 the number of arbitration cases increased 23% each year, on average, but in 2003 the increase was only 7.6%. In the very beginning, public construction claims made up the majority of all construction cases, however, civil construction claims are increasing gradually. The arbitration amount in the construction field is very high, owing to public construction claims. For example, the arbitration amount per case was 5 billion won, on average,. in the public construction field. It is shown that the claimants of arbitration are mostly constructors and the main reasons for making claims are to demand payment for construction and payment for additional work. KCAB investigated the performance status of arbitration awards. The voluntary performance rate for awards in construction arbitration is nearly 80% and in 11%, a suit was filed to appeal the arbitration award. In spite of the development of construction arbitration, some improvements are requested. There have been arguments about the effectiveness of selective arbitration agreement in the General Terms of Construction Contract. This has caused a decrease in arbitration cases, so improvements in this dispute settlement clause need to be made. Enforcement of arbitration awards is granted by the judgment of a court. Resulting from this, appeals for arbitration awards are not allowed, however, up to three appeals for the enforcement of awards are allowed in court. As such, the enforcement system for arbitration awards needs to be improved and simplified.

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Comparative Study for nominated safety manager and the organization of safety management committee by year through the research on the actual condition (실태조사를 통한 연도별 기관의 안전관리 위원회 구성 및 안전관리자 선임에 관한 비교 연구)

  • Kwon, Yuna;Kwon, Young-Guk
    • Journal of the Korea Safety Management & Science
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    • v.17 no.3
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    • pp.97-104
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    • 2015
  • The study is conducted in order to identify whether there is difference in laboratory safety management committee and safety manager appointment for type of institutes(university, research institute, enterprise institute). The study conducted statistical analysis of 2484 institutes (university, research institute, enterprise institute) that attended 'current status of laboratory safety management' by year(number of current status participation). As a result, university showed increase in forming safety management committee as the number of current status(year) increases. The number of safety management committee held were the highest amongst all institutes being 2 held/2 year. Furthermore, period of safety management committee held at university and research institutes are decreasing stately. For 2014, the rate of hosting periodic committee and temporary committee simultaneously when necessary are increasing. The rate of appointing safety manager who is in charge of laboratory safety is increasing in university, but it is decreasing in research institute and enterprise institute. The work pattern of safety manager in university is increase in exclusive duties and decrease in adjunct duties, while work pattern in research institute and enterprise institute is more on the contract duties.

A Study on the Actual Condition of OSH Expenses Appropiation in the Construction Industry (건설업 산업안전보건관리비 계상 방법 실태 조사 연구)

  • Kim, Seung-Han;Kim, Jong-Hyo;Kim, Byung-Suk;Park, Jong-Keun
    • Journal of the Korea Safety Management & Science
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    • v.18 no.3
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    • pp.25-31
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    • 2016
  • Occupational Safety and Health Expenses Law in construction industry was enacted in 1988 by the notification of Ministry of Employment and Labor and 22 revisions have been made since. The fact that revisions have been made almost every year since the first enactment shows that Occupational Safety and Health Expenses can effectively prevent construction accidents and the need for revisions to fit the reality has been raised continuously. Despite the construction industry has undergone various internal and external environmental changes, (such as the changes in the safety and health management techniques and the increase in the construction employees' desire for safety) the appropriation standard of Occupational Safety and Health Expenses has been calculated based on the contract price. The construction industry has constantly suggested that the Occupational Safety and Health Expenses be calculated based on the estimated construction expenses since applying the current method doesn't provide enough money to secure the safety. Also because it has become mandatory to hire a health manager since 2015, the lack of Occupational Safety and Health Expenses is expected to get worse. In this study, we will analyze the usage of Occupational Safety and Health Expenses and propose a more practical and realistic change in setting the appropriation standard of Occupational Safety and Health Expenses.

A Study on the Evaluation of Improvement Factors of Tug Services in Korea (우리나라 예선 서비스 개선요인 평가에 관한 연구)

  • Yeou, Young-Hun;Ryoo, Dong-Keun
    • Journal of Navigation and Port Research
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    • v.37 no.5
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    • pp.559-565
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    • 2013
  • The purpose of this study is to prioritize improvement factors of the tug services in terms of the structural problem, operating system and the present condition of the tug at each port in Korea. It was identified that the tug operating system needs to be mostly improved among the improvement factors of the tug services in Korea. In addition, free contract and rotating system were found to be important factors which need to be improved comparing to other factors such as service quality, tug rules, operating practices of council for tug operation and customer factor. The service attitude of the tug companies was regarded as an important element. And the tug entry system appeared to be an important item. Finally, laws relating to tug business needs to be revised which allow new tug companies enter into the market. As the result of AHP analysis for tug systems and service improvement factors, some fundamental changes of tug operation systems are urgently needed.