• Title/Summary/Keyword: Design Liability

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Life Cycle Costing: Maintenance and Repair Costs of Hospital Facilities Using Monte Carlo Simulation

  • Kim, Tae-Hui;Choi, Jong-Soo;Park, Young Jun;Son, Kiyoung
    • Journal of the Korea Institute of Building Construction
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    • v.13 no.6
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    • pp.541-548
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    • 2013
  • During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

Dual Network Embeddedness of the Host Country, Organizational Improvisational Capability, and International Entrepreneurial Performance

  • Qixia Du;Yeong-Gil Kim
    • Journal of Korea Trade
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    • v.27 no.4
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    • pp.61-76
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    • 2023
  • Purpose - Along with emerging international entrepreneurship, there is a need for exploring the influencing mechanism of dual network embeddedness of the host country on international entrepreneurial performance. Drawing on network embeddedness theory and organizational improvisational theory, the present study constructs a theoretical model regarding the logic relationships between the dual network embeddedness of the host country, organizational improvisational capability, and international entrepreneurial performance. Design/methodology - Using a questionnaire survey, our study conducted data in two ways. The final research sample comprised 129 international new ventures. To test the hypotheses, a three-step mediation test method was conducted. Findings - Our empirical results suggested that both host-country social network embeddedness and industrial network embeddedness significantly affected the international entrepreneurial performance. Organizational improvisational capability significantly affected the international entrepreneurial performance. Third, organizational improvisational capability partially played mediating role in the relationship between the dual network embeddedness of the host country and international entrepreneurial performance. Originality/value - This study mainly concentrates on the two important types of host-country networks, host-country social network embeddedness and industrial network embeddedness, that may help international new ventures access the strategic resources necessary to support performance. Thus, it extends the existing network embeddedness theory and improvisational theory to encompass international entrepreneurship.

A Stepwise Approach to Product Safety Management (제품안전경영을 위한 로드맵과 단계별 실행모형)

  • Ro, Hyung-Bong;Lee, Joung-Hee
    • Journal of Korean Society for Quality Management
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    • v.37 no.3
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    • pp.83-93
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    • 2009
  • This study proposes a stepwise approach to product safety management(PSM), of which roadmap consists of five phases. ISO 9001 QM model is assumed as the first-phase model and each higher-phase model is built by adding a corresponding module to the lower one. In the phase order, those modules are CCMS, a failure to warn, manufacturing defect and design defect. The progress in PSM of a domestic food company is discussed.

A need of safety evaluation for product planning step (제품기획단계의 안전성 평가 필요성에 관한 연구)

  • Park, Ji-Yong;Cho, Am
    • Journal of the Korea Safety Management & Science
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    • v.10 no.1
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    • pp.23-31
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    • 2008
  • Recently, there is a rise of accident by some defective products, especially it reported that a serious fact is a defect of design causing some problem since execute a product liability(PL), people who use products have been able to bo remunerated for a damage to those defects, so responsibilities of companies are rising more and more. Therefore, companies that are obligated to manufacture a safety product, and should make preparation for PL. For solving the problem, even though manufacturers tried to make a safety product ay mixed ways, it is seldom that its safety is considered from planning a design. This thesis has suggested a way aimed at improving a safety of products through considering a stage of a plan, by searching and analyzing the design-process in to each steps.

A Study on the End of Defects Liability Exit Procedure in Apartment Buildings through Case Studies (사례분석을 통한 공동주택 하자담보책임 종료 절차연구)

  • Kim, Jin-kuk;Bang, Hong-Soon;Choi, Byung-Ju;kim, Ok-Kyue
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.10
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    • pp.25-32
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    • 2018
  • The ending of the warranty under the current Multi-Housing Management Act has a lot of problem as it is very disadvantageous to the business entity and it makes hard for the contractor to finish the repair work. It is almost none for the business entity to get the written confirmation of the expiration of warranty liability from the client even though it sincerely completed their warranty obligation. It is because the client asks for the works other than fair repair arising from the defect in the work, such as the upgrade work for the enhancement of the value of their assets and the repair work which the client should take care before it issues the written confirmation of the expiration of warranty liability to the contractor. "So, though there is the law specifying this matter, the parties are relying on the unnecessary civil agreement. This leads to the big social and economic losses. If there is no agreement made between the client and the contractor, that leads to the legal dispute. This research on cases of 10 apartments shows that the types of works which the apartment residents ask for depend on the characteristics and conditions of the apartments and that they ask for various kinds of compensational works. In addition, it was found that there were many cases in which even the civil agreement is not recognized as the ending of the warranty obligation even if the proper procedure is taken for the ending of warranty by the contractor or business entity. If the collateral is to be offered to the client, the contractor would get more hard because there is the additional cost other than the warranty obligation, thus damaging the legal objective of the laws trying to minimize the damage made to the resident of the apartments. It means that the increase in the unnecessary warranty cost would lead to the increase in the selling price of apartment and the ending of the dispute through the civil procedure would make the Multi-Housing Act ineffective.

Application of the Terms and Conditions of English Law Related to the Duty of Utmost Good Faith under Marine Insurance Contract: Korean Supreme Court Decision 2018.10.25, Docket No.2017Da272103

  • Pak, Jee-Moon
    • Journal of Korea Trade
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    • v.24 no.6
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    • pp.19-36
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    • 2020
  • Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

The Optimal Design Rectifying Inspection Plan with Application to Linear Cost Model (선형비용모델을 이용한 계수선별형 검사방식의 최적설계)

  • Cho, Jai-Rip
    • Journal of Korean Society for Quality Management
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    • v.23 no.4
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    • pp.74-89
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    • 1995
  • In recent years, the safety of customers and the demand for rights to be protected from the risk have become stronger than ever day by day, and the function concerning product liability(PL) and quality assurance(QA) has been emphasized. Basically these functions can be obtained by inspection and there is the single rectifying sampling inspection for attribute (KSA-3105) as an existing method. But we can not say this method is good enough because of limitations in the range of applications and the approximate design of inspection methods which can not meet the rapidity and accuracy of quality information transfer according to the maturity of information period. Therefore, in this paper, a new algorithm is developed which can design the accurate inspection method by using the linear cost function that has not been considered in the existing inspection methods. Also in addition to this, a optimal rectifying sampling inspection plan, contributing to minimize the total costs, can be developed by programming the algorithm developed in this study and it can be applied to any field having many processes almost limitlessly.

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A study on the product liability for defects of unmanned aerial vehciles (무인항공기 결함에 대한 제조물책임의 적용 연구)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.151-180
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    • 2015
  • South Korea is advancing the unmanned aircraft private commercial business. Unmanned aerial vehciles industry has been developing for several years also abroad. However, unmanned aerial vehciles industry, can be an accident occurs. Accident of unmanned aerial vehciles to occur material damage and casualties. Particularly if an accident because of a defect in the unmanned aerial vehciles has occurred, it is necessary to analyze the liability for this. The defect accidents unmanned aerial vehciles has been the different manufacturing and design product is intended, whether it is important how to prove to this. This is because, unmanned aerial vehciles are designed in any intent of the original, it is impossible to victims know. So imposing a responsibility to prove the design by the manufacturer intended consumer is not fair. Moreover, the consumer, it is necessary to prove only that the product is one that normally dangerous lacked safety can be expected. This is a detailed issue of judgment of defects of unmanned aerial vehciles, the manufacturer to bear the accountability. In the case where the defect on the display of the unmanned aircraft is a problem, and if it reasonable indication, it is not appropriate to be required to prove that it was possible to prevent damage to the victim.

New Strategies for Contemporary Landscape Design -Downsview Park International Design Competition and Its Implications- (다운스뷰파크 국제설계경기를 통해 본 조경설계의 새로운 전략)

  • 배정한
    • Journal of the Korean Institute of Landscape Architecture
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    • v.29 no.6
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    • pp.62-71
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    • 2002
  • How parks are to be made in the twenty-first century should certainly be different. This is the inevitable conclusion of the recent significant international design competition for Downsview Park in Toronto, 2000. The purpose of this critical study is to investigate new strategies for urban park design manifested in the proposals of that competition and to explore alternative ways of landscape design that could solve the recent crisis of urban parks. Tree City, the winning entry, and other final entries proclaim that city is park and park is city. In this sense, Downsview Park marks the end of traditional Olmstedian parks and the dichotomy between city(culture) and park(nature). Rem Koolhaas and Bruce Mau's Tree City will become the model for urban park design in the near future. There are three reasons for this. First, its design is a strategy rather than a form. We can interpret that Tree City is to be developed over time as directed by six strategies: grow the park, manufacture nature, 1000 pathways, sacrifice and save, curate culture, destination and dispersal. Second, it places faith in landscape as a revenue generator instead of a fiscal liability. Third, its implementation is possible with crude installation, requiring virtually no craft. Koolhaas and Mau intend for Downsview to be an environment that is never actually designed but is formed through natural succession, cultural action, and programmatical insertions. Rather than designed objects and formal solutions, their strategy is to allow the landscape to evolve with changing uses.

Conceptual Design of Moored Floating Meterological Buoy with LiDAR (LiDAR가 탑재된 계류된 부유식 기상 부이의 개념 설계)

  • Kim, Jeongrok;Lee, Hyebin;Cho, Il-Hyoung;Kyong, Nam-Ho;Boo, Sung-Youn
    • Journal of Ocean Engineering and Technology
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    • v.31 no.5
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    • pp.325-334
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    • 2017
  • This paper reports the conceptual design process for a floating metocean data measurement system (FMDMS) for measuring wind information at sea. The FMDMS consists of three circular pontoons, columns, and a deck, which the LiDAR (lighting detection and ranging) is installed on. The dynamics of the mooring lines and motion responses of the FMDMS were analyzed using commercial codes such as WAMIT and OrcaFlex. One design criterion of the developed FMDMS was to maintain the motion responses as small as possible to enhance the LiDAR's accuracy. Starting with the preliminary design parameters such as the FMDMS's principal dimensions, weight, and important parameters of mooring system, we checked whether the FMDMS met the design requirements at each design stage, and then made modifications as necessary. The developed FMDMS showed a large pitch behavior for a small heave motion.