• Title/Summary/Keyword: Contract standard

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A Study on the Ways of Disputes Resolution Against Indian Company through ADR system (ADR을 통한 인도기업과 분쟁해결 방안에 관한 연구)

  • Shin, Koon-Jae
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.49-73
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    • 2012
  • India is a gigantic market with a population of 1.2 billion and an economy that is growing at the second-fastest pace in the world. The volume of trade between India and Korea has been sharply increased with the increase of dispute since 2000. Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. So, understanding of Indian dispute resolution system is a necessary requirement for successful business operation with Indian companies. This article analyzed and compared with the various ways of Indian ADR such as negotiation, mediation, conciliation, Lok Adalat and arbitration in order to help the Korean traders who enter into business with the Indian companies to settle their disputes efficiently. In conclusion, this article suggests the following ways to overcome problems of dispute with Indian companies: First, the Korean companies should recognize the characteristics of Indian ADR Ways respectively. Second, the Korean companies should utilize the conciliation or the mediation in small claim but arbitration in large claim. Third, Write a contract and insert the KCAB's standard arbitration clause in their contract.

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Operating model for A Value-For-Money evaluation of BTL Projects for Educational Facilities (교육시설 BTL 사업의 투자가치 평가를 위한 운영비 모형 구축)

  • Son, Ki-Young;Kim, Jang-Young;Kook, Dong-Hoon;Kim, Sun-Kuk
    • Korean Journal of Construction Engineering and Management
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    • v.7 no.6
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    • pp.141-150
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    • 2006
  • As the law on the private sector investment in social infrastructure was amended in January of 2005, the government is aggressively promoting BTL projects but many trials and errors and problems are occurring. Especially, the Value-For-Money evaluation conducted by the responsible agencies to judge the appropriateness of the project found there was a conspicuous difference between the computed cost and the final contract sum. Accordingly, this study is aimed to grasp the problems in the current Value-For-Money evaluation and to improve it in order to proceed with BTL projects efficiently. To achieve this, through a relative comparison to the final contract sum, a clear standard for the items of Value-For-Money evaluation was presented and thus, a model that can ensure accuracy in computing the Value-For-Money was established so that a delay in negotiations can be avoided. If the Value-For-Money evaluation established in this study is used in assessing the appropriateness of unit prices for BTL projects for education facilities, a reasonable result can be expected to be drawn in selection and negotiations with contractors, and maintenance and Post-Operation-Evaluation(POE) of education facilities as well.

Benchmarking Research Based on Contract Documents for Successful ADR Implementation to Domestic Construction Industry (ADR 활성화를 위한 건설 계약서의 해외 사례 벤치마킹 연구)

  • Choi Jeong-Won;Kim Sang-Bum
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2004.11a
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    • pp.629-633
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    • 2004
  • The number of claims and disputes among project participants has been steadily increasing last a few years and it creates numerous conflicts and problems in the domestic construction industry. One of the root causes of claims and disputes can be explained by the fact that project objectives of participants are offer different and not aligned. This research is considered as a pre-study of developing a strategy to mitigate conflicts such as claims and disputes in the domestic construction industry by utilizing Alternative Dispute Resolution (ADR) techniques. This research focused on improving standard contrast documents to establish a systematic dispute resolution process which emphasize the ADR method. To do so, several well-recognized contract documents developed by FIDIC, AIA, ECC were throughly investigated and analyzed using a benchmarking process. Result of the research propose needs of improving the domestic construction document's some clauses and the details will be further Investigated through surveys and expert's opinions.

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Revitalization of the Korean Small/Medium Sized Construction Firms for Venturing into International Market (국내 중소규모 건설업체들의 해외진출 활성화에 관한 연구)

  • Chung, Yeon-Il;Park, Hee-Dae;Kim, Du-Yon;Han, Seung-Heon
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2006.11a
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    • pp.402-407
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    • 2006
  • The small/medium sized firms have big part and affect a national economy in the world. They underestimated in market until now make big change by standing out in international market. The Korean small/medium sized firms also get out of a domestic market stagnated and try to make inroads into international market. Especially, the Korean small/medium sized construction firms have very huge potentiality in international market globalized rapidly. But, the role of these firms actually have been insignificant in international market until now. This paper tried to present the alternatives to revitalize the overseas expansion of the Korean small/medium sized construction firms which have the potentiality. It analyzed the international contract trend of advanced construction firms to classify each group by using ENR data from 1996 to 2005, and presented the new standard of the Korean small/medium sized construction firms according to international contract portion, data, and legal bases. Finally, it used the expert interview method to refer to the revitalization of making inroads into international market.

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A Study on Development for ESCO MRV Plan and Result Reporting Outlines to ESCO Energy Conservation Business (ESCO 에너지절약 MRV 계획서 및 결과서 표준양식 개발방안 연구)

  • Lim, Ki Choo
    • Journal of Energy Engineering
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    • v.25 no.3
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    • pp.157-164
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    • 2016
  • This paper aims to create standard forms of MRV plan and report, used when policy funds are applied in accordance with ESCO regulations, when energy savings are measured (the savings would be generated as energy users and ESCOs signed the contract of guarantee for energy savings, and energy saving facilities are installed following the contract). To fully reflect the goals and effects of the installation of energy saving facilities, MRV plans and reports will be completed for the purposes of measuring, verifying, and reporting if the goals of energy savings have been achieved successfully. In this paper, the forms of MRV plans and reports were developed with the detailed descriptions for each form and instructions of completion. Based on the developed forms of MRV plans and reports, future studies need to developed guidelines to explain how to fill out these forms considering the application cases by ESCO technology and facility.

- A Case Study on OOP Component Build-up for Reliability of MRP System - (MRP 시스템의 신뢰성을 위한 객체재향 컴포넌트 개발 사례)

  • Seo Jang Hoon
    • Journal of the Korea Safety Management & Science
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    • v.6 no.3
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    • pp.211-235
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    • 2004
  • Component based design is perceived as a key technology for developing advanced real-time systems in a both cost- and time effective manner. Already today, component based design is seen to increase software productivity, by reducing the amount of effort needed to update and maintain systems, by packaging solutions for re-use, and easing distribution. Nowdays, a thousand and one companies in If(Information Technology) industry such as Sl(System Integration) and software development companies, regardless of scale of their projects, has spent their time and endeavor on developing reusable business logic. The component software is the outcome of software developers effort on overcoming this problem; the component software is the way propositioned for quick and easy implementation of software. In addition, there has been lots of investment on researching and developing the software development methodology and leading If companies has released new standard technologies to help with component development. For instance, COM(Component Object Model) and DCOM(Distribute COM) technology of Microsoft and EJB(Enterprise Java Beans) technology of Sun Microsystems has turned up. Component-Based Development (CBD) has not redeemed its promises of reuse and flexibility. Reuse is inhibited due to problems such as component retrieval, architectural mismatch, and application specificness. Component-based systems are flexible in the sense that components can be replaced and fine-tuned, but only under the assumption that the software architecture remains stable during the system's lifetime. In this paper, It suggest that systems composed of components should be generated from functional and nonfunctional requirements rather than being composed out of existing or newly developed components. about implements and accomplishes the modeling for the Product Control component development by applying CCD(Contract-Collaboration Diagram), one of component development methodology, to MRP(Material Requirement Planning) System

Application of Probabilistic Risk Analysis for Profitability-Evaluation of Apartment Reconstruction Projects (아파트 재건축사업의 수익성평가에 대한 확률적 위험도 분석 모형 적용방안)

  • Woo, Kwang-Min;Lee, Hak-Ki
    • Korean Journal of Construction Engineering and Management
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    • v.7 no.5
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    • pp.167-176
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    • 2006
  • It was found that Korean Standard of Estimate which has been used as the only basis of cost estimate of public construction projects had some side effects such as jerry-build construction and over-estimation because it failed to reflect the current price and the state-of-the-art construction methods in a changing construction environment. Therefore, the government decided to gradually introduce historical construction cost into cost estimate of public construction projects from 2004. This paper presents analytic criteria and a process model for deducing more current and reasonable historical construction cost for contract items from not only previous contract prices but also all of the other bid prices that were not contracted. The procedure of estimating actual unit cost proposed in this paper focuses on the removal of abnormal values including strategically too low or high prices and the time correction. In addition, basic research is conducted for the correction of actual unit cost through the analysis of fluctuation of bid price depending on bidding types and rates of successful bid. It is anticipated that the effective use of the proposed process model for estimating actual unit cost would make the cost estimation more current and reasonable.

Project Delivery Systems and Project Performance;An Evaluation Model for Public Construction Projects (공공건설사업의 발주방식 선정 및 성과평가 모델)

  • Yu, Il-Han;Kim, Kyung-Rai
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.41-47
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    • 2007
  • The selection of the reasonable project delivery system (PDS) is crucial for a successful performance of a project, which means to achieve project objectives. Furthermore, the project performance has been tightly related to the selection of PDS appropriate to pertinent project characteristics. In this context, the ministry of finance and economy of Korea launched two new project delivery systems called "Best Value Contract (Design-Bid-Build)" and "Bridging Contract (Design-Build)" in October of 2007 by revising enforcement ordinances of "Act on Contracts to Which the State is a Party". For efficient operation of the new project delivery systems, this paper suggested a PDS selection model which supports decision making of the reasonable PDS for a pertinent project by assessing characteristics of the public construction projects, both quantitatively and qualitatively. In addition, a PDS performance evaluation model was proposed in order to get feedback on the result of the PDS selection and the operation for the succeeding project. The standard models suggested in this paper might be used as a tool to support the decision making of the public organizations.

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Survey & Analysis for the Calculation on the Industrial Customer Interruption Costs (산업용 수용가의 정전비용 산출을 위한 조사 분석(I))

  • Nam, K.Y.;Choi, S.B.;Ryoo, H.S.;Jeong, S.H.;Lee, J.D.;Kim, D.K.
    • Proceedings of the KIEE Conference
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    • 2003.11a
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    • pp.122-124
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    • 2003
  • In recent, the various electric & electronic machines are newly developed everyday and the electricity supply system & environment on the process from generation to consumption of electricity also is being changed. In other words, both supplier and consumer of electricity are required to be responsible for their interruption costs. So, it is very important and meaningful work for evaluating the interruption costs in quantitative. Additionally, since the restructuring of electric industry is on going in world wide, after restructuring, most of all electric utilities and consumer have to consider the supply reliability and quality as a important element of the calculating the related costs and contract because it takes costs to keep the supply reliability and quality highly. Especially, the interruption or the supply reliability will have influence on the bilateral contract between supplier and customer as a key point to determine the once in competitive electric market. Therefore, it has very important moaning to calculate the interruption costs in the present that it is prepared to open the competitive electric market. In this paper, international standards, i.e. IEC, IEEE, are applied to the analysis on the interruption costs used in the questionnaires which are newly designed including short duration interruption by the authors instead of traditional interruption criteria. Firstly, using the questionnaires, the authors got related data from industries according to the standard industry classification which are being used in electric utility and other national statistics in Korea. However, analysis results are hard to say typical value because of the not so many samples. So, the authors are going to survey and focus on not all kinds of industry but a few kinds of them that their facilities are effected or stop by short duration interruptions, so there are large economical damages. Finally, the authors hope to find the reliable and meaningful model in interruption costs of industrial customer.

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A Study on Production Process Management Method using QR Code in Manufacturing Industry through Obtaining Orders (수주형 제조산업에서 QR 코드를 활용한 생산공정관리 방법연구)

  • Kim, Jung-Cheol;Moon, Il-Young
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.17 no.12
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    • pp.2906-2913
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    • 2013
  • Only small numbers of medium-sized manufacturers have adopted a production management system. They have difficulty maintaining production cost and progress management, because they have used the ways that win a contract, not mass production system like a big company. Also a small company has to change standard features of products whenever customers want, by means of non-standardization and small quantity production method. As a result, it has been very difficult for a small company to establish a proper production management system. So, this paper tried to make a study about increasing production management system, using QR codes in a small-sized manufacturer with the ways that win a contract, based on real application case.