• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.562-566
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• 2007

In apartment house renovation project, the project progress held up in perception gap or conflict of interest with residents as usual. These dispute occurs ambiguous borderline ordistinction of Common Useing) Parts and Exclusive Possessed Private Parts. The Maintenance Covenant now in force in Korea and Japan are considered in this paper about theses item. Summarizing the conclusion is as below. 1) In The Maintenance Covenantnow in force, in definition of Ownership, Utilization, Maintenance, Japan is more ostensive than Korea. 2) The Borderline of Common Using Parts with Exclusive Possessed Parts is [Inner line of Exterior Wall] in Korea and in Japan also. But in Korea it is not in unity in purpose and action or definition and description. 3) In Japan, the Subject of Ownership is defined with hierarchically, as Housing complex-residential Building-individual dwelling, But not in Korea. 4) In Japan, [Exclusively using Common Owned Parts] are defined, But not in Korea.

• Journal of Korean Tunnelling and Underground Space Association
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• v.23 no.6
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• pp.371-384
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• 2021

Underground space, especially very-deep tunnel development in urban area, is a good alternative to solve the problem of insufficient ground space, and the need for underground space development is steadily increasing. However, due to the complex and time-consuming nature of design and construction, public conflicts related to the deep tunnel project are getting aggravating and more complex. In addition, since the public budget is mainly invested, when civil complaints arise, they often respond passively, resulting in amplification of conflicts or prolonging the deadlock in many cases. In this study, by analyzing the progress of major conflicts related to the construction of very-deep tunnels in urban area, the causes of conflicts, factors prolonging conflicts, and solutions are reviewed. Through a survey targeting ordinary citizens and tunnel experts, thoughts about the deep tunnel construction and major conflict factors were analyzed, and suggestions for minimizing conflicts were presented. The results of this study can be used to prepare alternatives such as various public involvement measures and improvement of project procedures to form a civic consensus on the construction of very-deep tunnels, and to prepare measures to improve prejudice against very-deep tunnels.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.31 no.1D
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• pp.149-155
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• 2011

The aim of this study is to grasp how the dwellers of apartment cognize the real condition of the management such as general control of janitor office or management of maintenance, environment, account and imposing price of management. The analysed results of recognition are as following. First, as the dwellers judged that the janitors are incapable to control dispute among the households, it needs to develop the ability to cope with the demand of control dispute by various curriculum. There should be more strict management of parking lot for the handicapped. Second, it needs to establish the plan to improve maintenance of the rest facility. Third, as dwellers thought the management expenses not to be made public clearly, it needs to use various way, not only by neighborhood meeting but also information system such as establishing web page or E-mail notice for better announcement of the settled matters such as management expenses. Forth, the audit result of management expenses and the measures conducted after audit should be reported widely, contract of construction work services needs to be publicized by neighborhood meeting or other information system.

• Korean Journal of Construction Engineering and Management
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• v.16 no.1
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• pp.119-128
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• 2015

Domestic dominant method in subcontract cost estimate for comprehensive program management is estimation by referencing similar cases or relying on the experience and expertise of the engaged. However, this method is not reliable due to lack of accuracy, making it harder for clients to plan and budget the program. Since budget itself is roughly estimated, it becomes a source of cost rise in the course of management due to design modifications. Therefore, the client and service providers shall calculate more accurate service cost by applying objective and scientific method in order to minimize cost rise and cost related dispute. Traditional cases, in estimating program management cost, took Top-Down approach based on precedents and experience. On the contrary, this study will categorize management structure into phases and activities, issue WBS for each phase to estimated schedule and cost for each code, and take Bottom-UP approach. By taking this approach named ICEP (Integrated Cost Estimate based on Project), Set project typical model will be developed for service cost estimating, calculate cost by applying project-specific factors. Also, by analyzing progress data and allocated management cost to complement them, more efficient construction management will take shape based on program management cost standards which reflect project-specific features.

• Korean Journal of Construction Engineering and Management
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• v.14 no.4
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• pp.108-117
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• 2013

The domestic CM business market has continued to grow, but its size is relatively small yet in comparison with the total size of the domestic construction industry. Evaluation of CM projects was conducted through questionnaire surveys. Both clients and CM firms showed positive satisfaction levels. Nevertheless, the clients' satisfaction levels were relatively low in safety management, cost management, and document and information management. Superior areas of CM tasks were time management and recovery scheduling, quality control and technical instruction, and design value engineering. On the other hand, inferior areas of CM tasks were claim analysis and dispute resolution, cost estimation, and life cycle costing. Both entities have agreed with the positive effects of CM involvement in terms of cost saving, time reduction, quality improvement, and safety incidents prevention to at least 0~5% extent.

• Journal of Navigation and Port Research
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• v.38 no.5
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• pp.471-477
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• 2014

In general, a regular charterparty form is used as a charterparty for tugboats which are employed in marine construction and a bareboat charter form is generally used for barge boat charterparty. As the tug-barge charterparty which are currently used do not have a standardised form, contracting parties arbitrarily decide on the terms and conditions of the contract. As a result, provisions of the charterparty usually do not specify in the contract which party bears the burden of liability in case of accident. Furthermore, the terminologies used in the charterparty are different from legal terms of current commercial law which causes confusion. These problems can be solved mostly by clarifying the legal character of the charterparty between the contracting parties and by conforming the terminologies. In addition, endeavour to standardise the contract form must be carried forward at the same time. This research purports to study actual condition of current charterparty for tug-barge ship which are employed to marine construction and to suggest systematic improvement plan. For this purpose, this research focuses on studying cases in which dispute arose due to lack of clarity in the provisions of the contract with regard to which party bears the burden of liability in case of accident. This research also purports to suggest forming the standardised contract terms of the charterparty as one way of solution and examine matters to be attended in writing a standardised form.

• Korean Journal of Construction Engineering and Management
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• v.21 no.6
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• pp.75-83
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• 2020

This study intends to explore the scope of the recognized equity capital of developer in real estate project finance loan screening. The factors which can be recognized as equity capital are categorized into 24 factors with 3 upper categories and 6 mid categories. In order to develop the importance weight of factors, AHP and Fuzzy methodologies are implemented based on survey analysis by experts in financial institutions. Research findings indicate that the land cost, evacuation cost, and real estate acquisition tax as land-related direct costs, and the design cost, traffic impact assessment cost, underground safety impact assessment cost, boundary surveying cost, and geological survey cost as the construction permit-related costs are higher than any others. On the other hand, the supplementary costs related to the operation of the developer show very low importance weight. Accordingly, the hierarchy of factors for equity capital should be clearly developed in order to minimize any dispute and prevent non-performing loans to real estate project finance.

• Tunnel and Underground Space
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• v.25 no.2
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• pp.125-132
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• 2015

As for noise and vibration occurring due to construction near fish farms, engineering and the technical opinions of experts in different areas were excluded in calculating any damage. The victims tend to present only biological consulting-based opinions while construction companies tend to present information on general construction noise and vibration as they have little biological knowledge on fish. So, the National Environmental Dispute Medication Commission presented specific damage standard in 2009 through studies on standard in calculating compensation and damage assessment of farm-raised fish that were affected by noise and vibration. Currently, 140 dB re $1{\mu}Pa$ is accepted as damage standard of underwater noise in the country. This standard is the RMS value of continuous sounds for more than a second, not the impulsive sounds. To look up the data on existing studies, fish showed different reactions to underwater sounds according to the different kinds of fish such as ostariophysan or non-ostariophysan, and pinnipeds or non-pinnipeds. So, this study will present damage standards for impulsive sounds in consideration of the differences in the characteristics of the impulsive and continuous sounds.

• Journal of the Korean Institute of Landscape Architecture
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• v.48 no.4
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• pp.8-18
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• 2020

This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.33-56
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• 2011

Korea Supreme Court has cancelled four cases of thirty-nine Arbitral awards made by Korean Commercial Arbitration Board since Korea arbitration act was enacted in 1966. Three cases of them were cancelled by the reason of the arbitrator's disqualification in relation to impartiality or independence and the other to arbitration agreement enable to select the lawsuit or arbitration. When a person is approached in connection with his possible appointment as an arbitrator or has already been appointed as such, he shall without delay disclose all circumstances likely to give rise to justifiable doubts as to his impartiality or independence according to the one of the article 13 of Korean Arbitration Act. Upon being notified of the appointment as an arbitrator, each arbitrator shall immediately disclose in writing to the Secretariat any circumstances which might cause reasonable doubt about impartiality or independence. An arbitration agreement shall be made clearly and in writing not to appeal to the court or to be brought in the court. However most of the korean construction contracts have the arbitration agreement clause enable to appeal to the court or the arbitration on government official's advice. Many of these disputes are resolved by litigation after the precedent(Law case number : 2003da318) set by the Supreme Court on August 22, 2003 between the Korea(government) and the Korea Railroad or abandoned its attempt to arbitration. But each year, about four hundreds of arbitration business transactions were resolved arbitration, the voluntary submission of a dispute to an impartial person or persons for final and binding determination. Arbitration has proven to be an effective way to resolve these disputes privately, promptly, and economically.