• Korean Journal of Occupational Health Nursing
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• v.12 no.1
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• pp.5-18
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• 2003

The purpose of this study was to survey working conditions of women workers. We conducted a field survey of 504 manufacturing company with many women working from May 13 to June 29, 2002. We focused on only 3 categories of metal, textile and electronics industry. The result were as follows : 1. Subjects were constituted metal 27.0%, textile 37.9% and electronics industry 35.1%. Size distribution was small scale(<50 workers) 38.1%, medium(50-299 workers) 50.2% and large(${\geq}300$ workers) company 11.7%. Women workers' proportion was 43.6% of total workers, 63.8% of total contractors. 2. A medical examination enforcement of contractors workers was very poor in comparison with that of employees(p<0.001). 3. A 53.8% of total companies have conducted shiftwork system and 2-crew 2-shift(12 hours shift system) ranked first, 56.1%(151 companies). 4. Only 61.3% of total companies conducted more than 90 days as legal standard of a maternity leave and only 2.6% of total companies had a day nursery. In conclusion, many strategies for women workers are needed by companies and government. For example, the raising of understanding about maternity protection, social support insurancing of woman worker and occupational health system improvement for contractors and small size companies.

• Journal of the Korea Institute of Building Construction
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• v.9 no.5
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• pp.111-117
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• 2009

With the current trend in the industry toward increasingly complex, diversified and large construction projects, advanced countries in the construction field have already introduced and applied a variety of methods for placing orders in order to cope with such changes in construction circumstances. In Korea, there have been efforts to continuously improve approaches to placing an order. With the aim of diversifying the methods of Delivery Systems, the "Technical Proposal Type Bid," and the "Design Competition and Technical Proposal Type Bid" were introduced through a revision of Korea's contract law enforcement ordinance. In line with the government's efforts, criteria for a method of placing an order that is suitable for a public construction project should be presented. This study enumerates the current issues using a survey for construction projects already placed and an analysis of the current status, and presents the selection criteria for Delivery Systems by business type as an improvement for the problem.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.63-93
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• 2012

The purpose of this paper is to examine the consideration factors, from both parties' perspective, to select the most appropriate arbitral institution when they inset an arbitration clause in their contract. Accordingly, the author analyzed the advantages of institutional arbitration compared to non-institutional arbitration. The typical advantages of institutional arbitration would include: $\bullet$ Benefits of using an established set of rules $\bullet$ Services provided by the institution $\bullet$ Low risks of obstruction $\bullet$ Enhancement of the possibilities of enforcement $\bullet$ Forecast of the estimated cost $\bullet$ Specially useful for existing disputes Next, this author examined the consideration factors when selecting the institution in respect of the following factors: $\bullet$ Institution's arbitration rules $\bullet$ Institution's rule regarding the appointment of arbitrators $\bullet$ Ability of administrators of each institution $\bullet$ Reputation of the arbitral institution and the likability of enforceability of its award $\bullet$ Cost $\bullet$ Choice of the arbitral institution in relation to the choice of place of arbitration Finally, this author reviewed Model Arbitration Clause of major international or local Institutions, including ICC, AAA, LCIA, KCAB, CIETAC, ICSID and WIPO. Further examination was given to the selection of the numbers of the arbitral tribunal, the seat of arbitration and the language of arbitration, according to the designated articles in each institution's arbitration rules.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.49-74
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• 2012

This study primarily concerns the seller's right to require performance under the United Nations Convention on International Sale of Goods(1980) (here-in-after the CISG). By virtue of art. 62 of the CISG, the seller may require to pay the purchase price, take delivery or perform his other obligations. The right is known as a process whereby the aggrieved seller obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. The study describes and analyzes the provisions of the CISG as to the seller's right to require performance, focusing on the questions of what the seller can require the buyer to perform, and what the restrictions of his right to require performance are. It particularly deals with main controversial issues among scholars as to whether art. 28 of the CISG is applied to the seller's action for the price and so that it opens the door domestic traditions and national preconditions that prevent judges and enforcement authorities in some contracting states, and whether the seller's to require performance is subject to the duty to mitigate loss within the meaning of art. 77 of the CISG. On the basis of the analysis, the study puts forward the author's arguments criticizing various the existing scholars' views. In addition, this study provides legal and practical advice to the contracting parties when it is expected that the CISG is applicable as the governing law.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.16 no.4
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• pp.2495-2504
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• 2015

This study was performed in order to contributing the conflict factors which largely affects the efficient promotion of Urban Rehabilitation Project. then, it aims to induce conflict factors which affect the business period and business expense through PLS Regression Analysis. The data was build up from union members, tenants and merchants who are living in the completed urban rehabilitation area. In the case of 'Business period', it shows the priority on conflict factors in this order such as the 'Approval and Authorization for union establishment', 'Approval and Plan for business enforcement' and 'Interruption of interest group related to service business such as business delay'. In addition, In the case of 'Business expenses', it shows the priority on conflict factors in this order such as the 'Approval and Authorization for union establishment', 'Selling contract', 'Report of Demolition and Loss' and 'Plan and Authorization of Management disposition'.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.72
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• pp.57-80
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• 2016

Since 2006, the Law Commission and Scottish Law Commission have been engaged in a major review of insurance contract law, finally leading to the legislation of Insurance Act 2015. According to the enforcement of the Insurance Act 2015 on 12 August 2016, ss 18~20 of the Marine Insurance Act 1906(MIA 1906) were repealed and substituted by the new concept of fair presentation. This article intends to analyze the legal implications through the comparative research between the duty of fair presentation in Insurance Act 2015 and ss 18~20 of MIA 1906. The major changes in Insurance Act 2015 are designed to (1) encourage active engagement by the insurer rather than passive underwriting, asking questions of the insured if the desired information is not provided at the stage of proposal; (2) encourage policyholders to structure and signpost their presentation in an clear and accessible way, and prevent data dumps; (3) give guidance as to how the insured should prepare a fair presentation, by undertaking a reasonable search of available information and giving examples of what circumstances might be material; (4) clarify whose knowledge in the insured's organization is attributed to the insured for the purposes of disclosure; (5) clarify the exceptions to the duty of disclosure, including circumstances "which are known or presumed to be known to the insurer"; and (6) replace the remedy of avoidance in all circumstances with more proportionate remedies. This is a default regime, which may be altered by agreement between the parties.

• Korean Journal of Construction Engineering and Management
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• v.15 no.2
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• pp.33-43
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• 2014

Goods, services and construction works needed by central government entities, local government entities, and other public institutions are procured with national budget. For efficient budget execution, Article 9 Paragraph 1 of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter "State Contract Act") provides for the criteria for determining estimated price. Sub-paragraph 2 of the paragraph provides for the "determination of estimated price by cost calculation". On this legal basis, pricing criteria for the determination of estimated price, based on the project purpose, are announced by responsible authorities. This study analyzes the pricing criteria for technology services and proposes a price calculation methodology that can ensure transparency, as a practical improvement for more rational and efficient budget execution in the public sector.

• Korean Journal of Construction Engineering and Management
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• v.10 no.6
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• pp.107-116
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• 2009

As the Fundamentals of Construction Business Act was revised in December 2004 and its implementing ordinances and enforcement regulations were adjusted in June 2005, the screening system of low price subcontracting has been an obligation to the public owners, having brought about arguments for and against since it enacted in 1983. The statutes for low price subcontracting have been reinforced from this year; for example, it underlines to submit to a project and builds an information network of subcontracting works. The system's original intention was that prevents shoddy and fraudulent constructions caused by low price subcontracting and precludes disturbances of fair trade by screening that whether it satisfies the conditions or not in advance. But, the criterion for the existing low price subcontracting has several issues having held up a true mirror to the real situation. It is arguable to discharge an important task with the primary purpose. This dissertation have researched the problem with a deposit of subcontract and the low price subcontracting basic rate are being used by the criteria for deciding whether it is a low price subcontracting or not, so showing the plan of reformation based on the findings, it wishes to contribute toward making the most of the system's essential intent.

• Korean Journal of Construction Engineering and Management
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• v.9 no.3
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• pp.164-174
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• 2008

It is crucial In decision making to select a project delivery system (PDS) adjusted accordingly to the project characteristics. Furthermore, selecting a tendering system is the kernel in the process of selecting PDS. In October 2007, the Ministry of Finance and the Economy of Korea launched two new project delivery systems, "Best Value Contract (Design-Bid-Build)" and "Bridging Contracts (Design-Build)" by revising enforcement ordinances of "Act on Contracts to Which the State is a Party" to provoke the tendering systems. In order to support the proposed purpose, this research developed a selection model for suitable tendering system, which helps a public owner select a tendering system appropriate to the project characteristics. First, the framework of the model was set throughout analyzing previous researches and interviewing relevant experts. Additionally, by analyzing the survey result from 265 experts engaged in architectural and civil engineering business, the relative weights of the selection factors and the effectiveness values of the alternatives were suggested as the quantitative evaluation references. Finally, the practical guideline was suggested to apply this model to three public projects scheduled to be delivered. The result of applying the model to three case projects showed that further researches were needed to make the selection process logical and to suggest the standard weights and effectiveness values according to project type.

• Journal of Digital Convergence
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• v.17 no.4
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• pp.95-105
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• 2019

The failure of company management that does not overcome the recession of shipping economy has negative impact on front-end and back-end industries in relation to shipping industry overall. This study aims to derive a measure of government policy support for win-win of ship owners and shippers by performing a survey with experts in ship owners, shippers, and port-related institutions. This study employed a consistent fuzzy preference relation (CFPR) method to provide the priority of government policies. The study results showed that out of all 14 policies, the policy perceived most important was "expansion of participation in share of shipping company or ships of shipper (0.102)" followed by "strengthening of national shipper-centered service quality (0.101)", and "providing a long-term transportation contract model of container cargo (0.085)". To recover the Korean shipping industry via win-win of ship owners and shipper, the policy enforcement is important through correct government policy establishment and priority selection. In this regard, this study contributed to proposing policies and priority of the policies. For the future study, detailed analysis on comparison of perception difference among stakeholders in the shipping industry is needed.