• Korean Journal of Construction Engineering and Management
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• v.15 no.3
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• pp.74-82
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• 2014

The proportion of apartment housing has been increased to solve the housing problems resulted from rapid growth in urban population and urban economy. With the increase in apartment's proportions and the concern about quality of housing, the contractors have made efforts to satisfy the customers in improving the quality of housing. Despite these efforts, the conflicts between the contractor and the customers are getting serious. Also the disputes and the litigation of defect are increasing because of the contractor's negative treatment and inadequate countermeasure. In this study the defect lawsuits which bring actions against the contractors are collected and analyzed. And then the strategic countermeasures are proposed according to the classifying the type of defect and size. The suggested countermeasure model before the defects are resulted is expected to contribute in developing the contractors strategies to reduce the conflicts against customers.

• Journal of the Korea Institute of Building Construction
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• v.14 no.3
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• pp.195-206
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• 2014

The main issue of defect dispute is consulting, reviewing, and finally judging as an arbiter. A defect consulting is represented a defect consulting report, but a business custom and a standard of judgment are different each consultants, and have many problems. This study reviews literature studies and institutional researches, set up a research structure. it has 7 indexes that 5 indexes are formal indexes, and the other are qualitative indexed. As a result of case study, formal indexes are respect on the whole. However, each appraiser has different ideas, and, is expected to delay on fixing a construction lawsuit practice. This study suggests to improve a defect consulting report, it is followed. In formal part, suggested to change configuration is adjusted and integrated similar items. In qualitative part, an evaluation system for appraiser and an education program for engineers is suggested.

• Journal of the Korea Institute of Building Construction
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• v.12 no.1
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• pp.42-53
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• 2012

Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.65-117
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• 2011

This article analyzes the case (2008Da16776) which has the issue how patients have to prove causal relationship when patients claim against pharmaceutical companies alleging that patients were infected with virus due to contaminated blood products. The Supreme court held that: (1) if patients prove that they didn't have symptoms suggesting virus infection before administration of blood products, the virus infection had been confirmed after administration of blood products, and there were significant potential of contamination of the blood products with the virus, the defect in blood products or the negligence of pharmaceutical company in making blood products shall be presumed to cause the infection of the victim. (2) The pharmaceutical companies could reverse the presumption by proving the blood products were not contaminated, but the fact that the victims were treated with the blood products manufactured by other companies or had received blood transfusions is not enough to reverse the presumption. The case is the first decision whether the burden of proof about causal relationship could be reduced in pharmaceutical product liability lawsuit. Hereafter pharmaceutical product liability cases, it would be necessary to reduce the burden of proof about causal relationship in order to make substantive equality between patients and pharmaceutical companies.

• Journal of Korean Society for Quality Management
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• v.26 no.1
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• pp.27-47
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• 1998

The primary objective of this research is to provide the basis of total quality management policies by reviewing previous studies which investigated effective ways to reduce product liability exposure. Specifically, the present study intends (1) to examine recent patterns and trends of product liability law in OECD countries, (2) to propose quality management policies for preventing product liability litigations, and (3) to guide the proper implementation process of ISO 9000 certification programs. The survey results show that the shift from a negligence law theory to strict liability is evident in most countries. The trend has led to make it easier for consumers to bring product liability lawsuits. Furthermore, the damage awards won by consumers have been drastically increasing. To minimize product liability exposure, manufactures should reflect comprehensive product safety concepts in establishing total quality management policies. Cooperative activities are also required between departments in companies to reach safe and satisfactory quality level. These quality management activities should be performed consistently during the total product life cycle. Failure to comply with the ISO 9000 certifications might be used as an evidence of negligence or as evidence of a design defect in court. Previous lawsuit cases, however, reveal that ISO 9001-9003 registration process alone is not sufficient in terms of product liability pervention perspectives. Therefore, manufactures should take into account ISO 9004 before implementing any other section of ISO 9000 standards.

• Journal of Korean Society for Quality Management
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• v.31 no.4
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• pp.184-193
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• 2003

PL has been developed centering around England and America. Recently many countries are introducing PL system changing the world a single economic bloc based on the rapid development of Technology and Economy. This paper is studied with related literatures and theses, organizational consulting cases within the framework of the firm as the central operating bodies of PL system. In the past, Some papers about System Integration which was operated as a same Certificate System and enacted in a single organization, was studied and presented. But most of papers was a theoretical study related model and conception. In this situation Government supports PSMS of a single system at government expense to 100­200 companies for improving organizational confrontation ability of PL this year. This paper proposed a design and effect of Integration system model based on the analysis of ISO 9001：2000, KS, PSMS and ISO 14001. The integrated system has the following three distinctions. Firstly, KS is a national establishment, national leading certification and forcing standard. Secondly, ISO 9001：2000 and ISO 14001 are an international organization's establishment, non­official certification and optional standard. Finally, PSMS isn't a national law and forcing matter. And it isn't the concept of certification but the operational system by itself. Also if a lawsuit by defect is happened, it is very dangerous. This paper, which is integrated by four management systems and has many consulting cases, is the first in this department and is different from others. Also If people has the basic knowledge about management system, they can directly connect it to the organizational system according to this paper's guidance. It is very good result in this study because the law of PL is executed now.