• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.11-16
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• 2001

The purpose of this study is to examine contract management method with regard to Direct Payment of Subcontract Payment outlined in Article 14 of The Fair Trade Subcontract Transactions Act. The literature research and deductive demonstration are adopted as research method. And the findings of this study are as followed. (1) The study has shown the closer interpretation on the legal condition and the impact of Direct Payment of Subcontract Payment. (2) The study has revealed the solution for the questions concerning Direct Payment of Subcontract Payment by exploring and demonstration. (3) The study has suggested contract management method for contractual parties with respect to Direct Payment of Subcontract Payment.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.385-388
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• 2002

The construction industry has complicated production processes with diverse disciplines and subcontractors, which is the major cause of lowered productivity. To solve this problem, multi-trade subcontract system is recently suggested. Some general construction companies have applied this method to some sections of work process. However, this is in the early stage of application. The purpose of this study is to define an integrated contract package for improving both contractor and subcontractor efficiency. First, this study recognizes construction company to need of multi-trade subcontract system. Finally, it suggests feasible activities which can be useful for a construction company to apply to this subcontract system.

• Proceedings of the Safety Management and Science Conference
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• 2007.11a
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• pp.85-95
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• 2007

It compared subcontractor with contractor that are wages, the labor hour and labor condition of the work environment back are inferior relative. The subcontractor which basically the contract workers evade the dangerous process or the difficult work, the dirty work back what is called 3D the case which does to keep a business is many. so With life it will be threatened consequent health directly. The possibility where the subcontractor will be exposed to danger work came to be high. Together the reason of subcontract at managing the big business the case which becomes accomplished in objective, about lower the immediacy safety&health problem, subcontractor assigned workers is the actual condition only it could not be deteriorated more in public finance of the supply and enterprise and technical ability insufficiency. Consequently it prevents the subcontract which danger work is insensitive from this research and immediacy of the subcontract workers who is weak hygiene circumstance complement the plan it will be able to secure the immediacy safety&health subcontract workers, substantially to prepare in the hazard subcontract proprietor.

• Korean Journal of Labor Studies
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• v.17 no.1
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• pp.243-267
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• 2011

This paper explores the impact of the external workers on employment performance in Korea, using Workplace Panel Survey (WPS). I find the use of external workers, e.g., temporary agency workers, in-subcontract workers, and contract workers, is mainly negatively related with employment performance. Especially the use of in-subcontract workers and contract workers is negatively related with the job creation rate of standard workers and the net growth rate of internal workers. The results show the existence of a substitute effect between the use of internal and external workers.

• Journal of the Korea Safety Management & Science
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• v.10 no.4
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• pp.153-158
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• 2008

It compared subcontractor with contractor that are wages, the labor hour and labor condition of the work environment back are inferior relative. The subcontractor which basically the contract workers evade the dangerous process or the difficult work, the dirty work back what is called 3D the case which does to keep a business is many. so With life it will be threatened consequent health directly. The possibility where the subcontractor will be exposed to danger work came to be high. Consequently it prevents the subcontract which danger work is insensitive from this research and immediacy of the subcontract workers who is weak hygiene circumstance complement the plan it will be able to secure the immediacy safety&health subcontract workers, substantially to prepare in the hazard subcontract proprietor. Thus, this paper aims at presenting countermeasures to substantially secure safety and health of subcontractors by preventing ill-advised subcontracting of harmful and hazardous operations and imposing partial occupational safety and health responsibility to employers to enhance safety and health environment of subcontractors.

• Korean Journal of Construction Engineering and Management
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• v.6 no.1 s.23
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• pp.186-194
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• 2005

The purpose of this study is to examine the problems of the regulations regarding the modification of subcontact price. It also suggests several measures to improve the regulations related to the subcontact price adjustment which help to reduce unnecessary claims and commercial disputes. The literature research, structure and context analysis on the subcontract regulation and survey are adopted as basic research methods. The primary findings of this study are summarized as the following: (1) A provision outlining necessary procedures that an owner and a contractor should notify a subcontract or the adjustment of contact price needs to be made. (2) A provision allowing procedures that subcontactor could make the alteration of subcontract agreement and adjustment of subcontact price needs to be made. (3) The terminology like a unit cost and the rate of contact price needs to be clearly defined in order to improve the criterions of the subcontact price adjustment. (4) The criterions and additional expenses that the contractors ate responsible far need to be defined.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.143-163
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• 2018

Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.

• Journal of Digital Convergence
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• v.6 no.1
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• pp.11-19
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• 2008

The Bidding System of the public IT project in Korea is fallen behind, because of the ordering habitual practice based old system, overcompetition based sealed bid and subcontract practice. To innovate this old-fashioned practice for public IT project bidding, this paper wants to generate a proper improvement direction of the public IT project contract law and the related policy through the literature review about the ordering and receiving system in Korea, the practical survey about bidding marketplace in Korea, and competition between bidding system and/or policy of major countries: USA, UK, France and Japan. As a result of practical survey, many problems of the current public IT project bidding system came out and improvement ideas toward future situation turned up. These outputs implicate that the current law and system related public IT project demands better improvement work for the future ubiquitous Korea. Therefore, this paper, to solve these problems about bidding systems and practice, propose the new public IT project contract law and the related policy, reflecting these improvement ideas by the practical survey and the literature review, and benchmarking points from bidding system of other countries.

• Korean Journal of Construction Engineering and Management
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• v.21 no.5
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• pp.3-10
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• 2020

Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

• Korean Journal of Construction Engineering and Management
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• v.8 no.5
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• pp.101-108
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• 2007

To execute a construction project, many construction participants are engaged in the project. Especially many subcontactors role is very important, but their contract statute seems weaker rather than prime contractor. So to protect the subcontractor and to activate fair subcontract, Fair Transactions in Subcontracting Act was enacted. Direct payment to subcontractor clause of the act can protect subcontractor from the fear of insolvency of prime contractor, on the other hand can cause dispute about the interpretation of defect liability. Therefore the positive act and regulation were examined, and the effects of direct payment to subcontractor were analyzed. And the treatment direction of direct payment were suggested in this paper. Summary is as follows; (1) Statute of subcontractor for the ordering subject must be considered (2) Contract relationship must be reflected in the performance bond, subcontract bond, and subcontract construction conditions (3) To clarify the defect liability for the direct payment, retainage to guarantee the repair during contract period may be reflect on the subcontract construction conditions.