• Proceedings of the Korean Institute of Building Construction Conference
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• 2017.05a
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• pp.266-267
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• 2017

As apartment buildings defect lawsuits become socioeconomic problems, an objective basis system for the term of warranty liability of reinforced concrete constructions is urgent. This study was carried out as a basic study for developing a basis system for the term of warranty liability. To do this, defect data actual collected in apartment complexes were collected and analyzed. As the result of checking the cumulative rate of defect occurrence in reinforced concrete construction by year, the point of time of reaching the 90% level was the 5th years, which was similar with the provision of the Apartment Building Management Act. However, the current Supreme Court precedent has decided that the term of warranty liability for the main structural parts in reinforced concrete construction shall be 10 years and the dispute is expected to continue in the future in the defect lawsuit.

• Korean Journal of Construction Engineering and Management
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• v.21 no.1
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• pp.40-49
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• 2020

This study analyzed the factors affecting the ruling of litigation on the housing reconstruction and housing redevelopment project based on the cross analysis and logistic regression analysis. According to cross analysis result, the defensive process prerequisite group was showed significant in many variables which were past legal relation, no ownership or association member status, double lawsuit, abuse of lawsuit right·litigation trust, existence of claim-preclusion, no standing to sue·no standing to be sued, lapse of litigation period, no legal interest, no own defect of approval. On the other hand, the offensive cause of action group was found to have no significant variable. According to logistic regression result, the defensive process prerequisite group was showed significant in many variables which were past legal relation, no standing to sue·no standing to be sued, no ownership or association member status, double lawsuit, no own defect of approval, abuse of lawsuit right·litigation trust, existence of claim-preclusion. Meanwhile, the offensive cause of action group was showed significant in only one variable that was defect in relation with articles of association. Overall, it is noteworthy that the offensive cause group showed very low significant results compared with the defensive process prerequisite group.

• Journal of the Korea Institute of Building Construction
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• v.13 no.5
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• pp.498-505
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• 2013

The main processes involved in a defect dispute are consulting, reviewing, and finally judging as an arbiter. This process of defect consulting produces a defect consulting report, but business practices and standards of judgment will differ among consultants, and have many problems. This study reviews the structure of a defect consulting report and considers the structure's problem, which is that it is not standardized. To achieve this, data of sixteen defect consulting report were collected involving defect lawsuit cases before or after 2010. The structure and index of the defect consulting reports were then reviewed, and the results are as follows. As for a structure based on fourteen index, there are suitable that judge a outline, a cost estimate data and a consulting work item by a consulting standard. Furthermore, analysis by each common parts and private parts is considered as appropriate about consulting items and estimate by standard. However, consulting item in construction progress and responsibility period for security that related on a cause and a responsibility of defect need to complement. Meanwhile, the first thing of issues are connected a defect consulting is urgent a standardization for a defect type.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2011.11a
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• pp.5-6
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• 2011

Defect dispute has been a continuous claim that concerning a apartment building. However, objective standard of judgment is inadequate to solve defect dispute. Furthermore, it need to scientific evidence that composited standard of judgment. This evidence has a necessary to collect a data for a long time and systematically analyze. Therefore, it need to develop smart information management system, in this study, it review user-oriented condition as swot analysis.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2010.05a
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• pp.225-228
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• 2010

It is an social issue that is various claim related on the defect of apartment house. The cost of defect repair is the most important matter that residents dispute constructers with the huge time wasting and cost loss. For resolve the matter of defect claim, it must to be analyze to the cost property that study and find to pending issue about the cost of defect repair. Therefore this study is investigated the cost property of defect repair relation on correlation analysis and regression analysis around the judgement cost. Consequently, cost of the judgment is associated with cost of the accusation and cost of the defect repair, is recognizable as them that is closely connected. Meanwhile, the more time of take effect and time of lawsuit increase, the more cost of the judgment decrease by draw the regression equation. On the contrary, there are same aspects in the case on the cost of the accusation and cost of the defect repair.

• Journal of the Korea Institute of Building Construction
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• v.7 no.2 s.24
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• pp.67-76
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• 2007

The purpose of this study is to propose the efficient improvement in the lawsuit to request the guarantee against defect. This study points out several problems about related act and subordinate statue and judgement by analyzing the character of contract in apartment house, related laws and regulations, appraisals and judicial decisions. This study deduces the necessity of the establishment of the specification and the breakdown cost for repair and maintenance work to provide the standard for the detached judgement.

• Journal of the Korean Society of Safety
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• v.20 no.2 s.70
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• pp.140-145
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• 2005

The PL(Product Liability) Law has been going into effect in Korea since July 2002. Accordingly, a company's responsibility for customers who are damaged by the defect in the product safety has been gradually strict and imposed burden on management. Not only general consumers but also labors who work with machine in the field of production are included in the concept of victim of the PL Law. That is to say, when a worker is damaged by the defect of machine he can institute a PL lawsuit more aggressively, not just get the industrial accident compensation as usual, only if not his own fault but the defect of machine used in the course of production can be demonstrated. This paper intends to present suggestions to PL prevention of manufacturing companies of industrial machine through the case research of PL accidents in the area of industrial safety.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2015.05a
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• pp.245-246
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• 2015

Cases of lawsuit and conflict are increasing because of defects in apartments in use after the completion of construction. Further, with changes in the consciousness of residents and in the social environment, many residents are showing interest in defect-related lawsuits. However, the term of warranty liability defined in the current law is not practically appropriate, and the verification of the determination of the term of warranty liability is insufficient. Against this background, this research aims to evaluate the appropriateness of defect repair periods by examining the actual defect condition of the finishing work among the various defects related to apartments. Collected performance data are analyzed by statistical techniques by considering the defect occurrence rate per construction type and the construction year of the finishing work in apartment construction. The analysis results will be used as basic data for evaluating the appropriateness of the standards for the term finishing works warranty liability.

• Journal of the Korea Institute of Building Construction
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• v.21 no.4
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• pp.257-268
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• 2021

This study analyzed the major issues of 24 defect litigation precedents before and after 2013, based on 2013, when defect litigation in relation to the rapidly increasing defect disputes in apartment houses. The amount of defect removal per household is 2,572 thousand won per household, which is about 5% less than before 2013 from 2013, but the judgment amount per household has rather increased by about 19%, showing 1,916 thousand won per household after 2013. By type of construction, defects on cracks accounted for the largest proportion before and after 2013. Before 2013, equipment, tiles, and windows appeared in the order, and after 2013, landscaping, tiles, insulation and window work were in the order. In order to prevent such defect disputes, efforts to prevent defect disputes will be needed in the design stage, construction stage, and maintenance stage.

• Journal of the Korea Institute of Building Construction
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• v.11 no.3
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• pp.208-220
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• 2011

Recently, the arbitration system for defect disputes has been introduced to settle the disputes arising from defects in apartment buildings. However, the conciliation system did not reflect the current technical issues of defect disputes and the opinions of each party involved in the disputes. Moreover, it revealed more imperfections in the content and the process of the system itself. Therefore, this study aims to review the technical aspects of defect disputes, and suggest an alternative to the conventional conciliation system. This paper also discusses logical factors that can be addressed for the current subjective judgment. It is recommended that each party involved in the defect dispute build mutual trust in order to meet social needs, which is the underlying support for the revitalization of the institutional level.