• Journal of Arbitration Studies
• /
• v.16 no.2
• /
• pp.239-264
• /
• 2006

Globalization of business activities and the market is making intern ational movement of capital much freer. Therefore the introduction of global standard is inevitable. Each and every country has had its own standard which restrain free exchange and cause misunderstanding and conflict between countries. A country or a company which is not capable of meeting the global standard can not be accepted in the global market. Consequently, it will eventually be left behind. It is right to say that countries and companies should accept the global standard and abide by it to survive in the competitive global market. The following preface which was introduced in the international conference co_organised by BAC, FTCTC and Tsinghua University in May, 2004 shows a timely movement for the globalization of construction business. *B A C, Beijing Arbitration Commission *FTCTC, The FIDIC-Tsinghua-CNAEC Training Center *CNAEC, China National Association of Engineering Consultants Introduction, As arbitration becomes more and more popular in the ways of alternative disputes resolution all over the world, the BAC is devoted to promoting international arbitration in China. As FIDIC contracts constitute an accepted point of reference for international construction contract, the BAC, characteristic of construction projects, is willing to facilitate the FIDIC contracts as the referred construction contracts in China. In order to carry out its purposes, the BAC, together with FTCTC is going to convene for discussion of dispute resolution and arbitration of international construction projects. FIDIC, construction contract management guide, explains arbitration as the ultimate dispute resolution method. The detail of FIDIC will be suggested in this essay.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.303-306
• /
• 2003

Although design-build construction projects have recently increased. general conditions of construction contract are not reflecting the characteristic of design-build construction projects neither performing its fundamental roles as implying many claim elements. So. this study aims to propose the basis for improving the general conditions of the domestic design-build construction projects. This study reviews literatures associated with design-build construction contract and analyses domestic general conditions into foreign standard forms of general conditions. Additionally, it is examined the problems of design-build construction contracts and performed questionnaire survey to the practitioner in the construction contract field. In doing so, this study suggests the direction for improving general conditions of domestic design-build construction projects.

• International Commerce and Information Review
• /
• v.11 no.1
• /
• pp.45-66
• /
• 2009

Licensing of information is the standard of the computer information business today. The huge bulk of vendors license their computer information products. The Uniform Computer Information Transactions Act(UCITA), therefore, does not originate licensing contracts. UCITA was developed to provide basic, recognizable default rules for the existing licensing activity that goes on and expands as commerce in computer information expands. UCITA's rules govern licensing of contracts for computer information from formation through performance, including remedies if there is a breach of contract. Included in UCITA are rules for warranties, both implied and express, and rules pertaining to risk of loss in a computer information transaction. Most of the rules in UCITA are the traditional and familiar rules of contract from the law of sales and from the common law, but adapted to the special nature of computer information licensing contracts. Freedom of contract is a dominating underlying policy for UCITA, exactly as that principle is the foundation for the law of commercial transactions, generally, and exactly as that law has served all commercial transactions in the United States and has contributed to the economic growth and health of the United States.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2014.05a
• /
• pp.184-185
• /
• 2014

International construction contracts to Korean construction companies have been dramatically increased over the 48 years (Contract received worth 65.2 billion dollars in 2013). Especially, the plant construction sector has achieved about 61% among the 65.2 billion dollars. Under this trend, in order to ensure plant construction's competitiveness, 'standard classification' is an important area for systematic management. However, these standards in the plant construction are not widely utilized yet, in comparison with civil and building sectors. Therefore, in this research, a higher level of standard classifications is proposed for various types of power plants from a PMO's (Project Management Office) perspective. This study also provides a comparative analysis outlining different features and common components based on various types of power plants.

• Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
• /
• v.24 no.9
• /
• pp.108-117
• /
• 2010

The main contents of this paper are the PQM system construction case and distribution system harmonic voltage analysis. The PQM system has constructed by KEPCO in order to investigate power quality of distribution power system for new power quality standard of KEPCO. In result, we have confirmed that voltage harmonic measurement value of the high voltage contract customer 8 households is suitable the KEPCO harmonic standard tentative plan. And the voltage harmonic value of distribution line end side is not always more high than source side by harmonic current offset effect. In the future, acquired data by season, region, load from the PQMS will be used on the resonable harmonic standard enactment in KEPCO.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.55
• /
• pp.209-240
• /
• 2012

Since the age of Lord Mansfield, who laid the foundation of the modern English insurance contract law in the second part of the 18th century, English insurance law has developed a unique rule of warranty. Lord Mansfield adopted very different approach and afforded such a strict legal character to insurance warranty, because the promise, given by the insured, played an important role for the insurer to assess the scope of the risk insured at that time. It is still important that the insured keep his promises strictly to the insurer under the insurance contract, but legal environments have changed dramatically since the times of Lord Mansfield. English Law Commission proposed some proposals for reforming the warranty regime to reflect the changes of legal environment in CP 2007. This article is, therefore, designed to examine the proposals and consider their legal and practical implications. The proposals of Law Commission is summarized as following. First, in CP 2007, Law Commission made two principal proposals for reform of the law on warranty. The first is that the insurer should not be entitled to rely on a breach of warranty unless the insured has been provided with a witten statement of what they have undertaken under warranty. The second is that the insurer should not be entitled to reject a claim on the ground that the insured has breached a warranty unless there was a causal connection between the breach and the loss. Secondly, for consumer insurance, the rule requiring a causal connection would be mandatory, whereas for business insurance, it would be possible for the parties to agree on the effect a breach of warranty should have, provided they use clear language to express their intentions. Thirdly, where the insured contracted on the insurer's written standard terms of business, some statutory controls would be afforded to the contract to ensure that the cover was not substantially different from what the insured reasonably expected. Finally, Law Commission propose that a breach of warranty give the insurer the right to terminate the contract, rather than automatically discharging it from liability, but (unless otherwise agreed) only if the breach has sufficiently serious consequences to justify termination under the general law of contract. Having evaluated the proposals of the Law Commission and considered their legal and practical implications, it is quite clear that the proposed rule interfere with freedom of contract and create legal uncertainty. But change can not made without any victims, so Law Commission's attempt to change severe and injust aspects of the warranty regime would be very welcomed and respected.

• Journal of the Korean Professional Engineers Association
• /
• v.42 no.5
• /
• pp.29-31
• /
• 2009

A general practice in software ordering behavior in public sector has been an enormous obstacle standing in development path of Korea's software industry. Standard on software development cost estimation is supposedly based on Function Point, but in general, it is on headcounting (a number of people involved in a project). Moreover, it is difficult to change a contract in an on-going project, since statement of work is not precisely and carefully described. But it has a simple solution. Design and Implementation should be a separate project, as in construction industry, and both power and responsibility for design should be given to an expert with a national-level qualification. Here, there is a simple way for Korea to reborn as one of the strongest software country.

• Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
• /
• v.27 no.12
• /
• pp.141-145
• /
• 2013

This paper shows a reasonable demand power, that was made by the systematic and statistical way considering actual conditions, such as investigated contract power and peak power for the last 7 years of each tunnel customer as to AMR. In this dissertation, it is necessary to analyze the key features and general trend from the investigated data. It made an analysis of the feature parameters, such as average, standard deviation, median, maximum, minimun and thus it was carried by the linear and nonlinear regression analysis.

• 한국디지털정책학회:학술대회논문집
• /
• 2004.05a
• /
• pp.53-67
• /
• 2004

On the base of IT growth, competition between countries for preoccupation of digital content market is keen. And it is prospected that the development of digital content industry will be more rapid with the base of telecommunication infra-structure(for example internet, digital broadcasting) which is the main channel for distribution of digital content. The bill of "Act for Development of Online Digital Content Industry", has passed the national assembly jan, 2002, and "Draft Blueprint for Developing Online Digital Content Industry(2003$\sim$2005)" was made on the base on that law feb, 2003. And we can find measures for protect the digital content manufacture in the laws such as "Literary Property Law", "Trademarks Law" and "law for prevention of unfair competition". On this study we suggested three measures to make digital content industry more profitable by the method of research of related law and industry survey.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2012.05a
• /
• pp.129-130
• /
• 2012

Although the order of Design-Build is being expanded by increasing construction scale and demanding hybrid function, the suitable regulation of the contracts is not settled. Design-Build is way by government because there are big construction of much government leading in contract relation high position occupy. So, case that prebendary's claim institution develops by litigation is very rare. But, recently Design-Build is magnified. So, these dispute factors is becoming visualization gradually. The contract system is needed to be consistent by international standard to deal with the problem. This study suggests the useful solutions in detail concerned with the main factor of change order claim by each Design-Build phases through practical sorting and analysis of the causes of Change Order-Claim.