• Title/Summary/Keyword: Dispute Cause

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Study on the Improvement Plans of Condensation Defect Examples in Apartment Building (공동주택 결로 하자 사례를 통한 개선방안 도출)

  • Oh, Se Min;Park, Sun Hyo;Joung, Kwang Sub
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.29 no.2
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    • pp.82-88
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    • 2017
  • There are main issues of defect type that condensation, concrete crack and noise in apartment buildings. Especially, according to the Apartment Defect Dispute Mediation Committee in Korea (ADDMC) at Ministry of Land Infrastructure and Transport in Korea (MLIT), condensation defects are great importance (14 percent) on whole number of reported cases of faults from 2015 in Korea. Most condensation defects have many different causes that take a toll on the resident's life and space. So it is very important to early detection and repair. For preventing the condensation in apartment buildings, there are building codes in Korea such as 'Standard of Method and Judgment for Apartment defect of investigation, Repair cost Estimate'. This research aims to study on the improvement of preventing the condensation aforementioned korea standard. Types and characteristics (opaque wall, windows, doors) of cause of occurrence and existing state condensation defect is analyzed from evaluation of real application 100 case in 2015 ADDMC data.

Study of a prevention model against institutional documentation forgery using blockchain technology (블록체인 기술을 이용한 학교문서위조 예방모델의 연구)

  • Kim, Kee-Hong;Kim, Dong-Chul
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.165-178
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    • 2018
  • Exchanging information with a person without credentials over the Internet does not pose any problems. A decentralized system based on blockchain technology enables the user to exchange new value(currency) with other uncredited users. The blockchain technology creates a new paradigm in which the distribution system can be founded on trust. Various applied distribution systems are being developed based on this paradigm. This study analyzed the problems between an institute's grading system and the central administration system. The limitations of an institute's current central management system were presented through actual cases. To improve the problem, a decentralized system based on block chain technology was presented in order to overcome the fundamental limitations by utilizing blockchain technology, peer-to-peer network, and the distribution system. In the central system, a malicious moderator could create a malicious edit that becomes the cause of a dispute, but in a decentralized system, a problem cannot be created even if there were to be a malicious moderator. However, it is difficult for a single college institute to create a distribution system in order to actualize an effective system. Comparatively, it would be possible to create a decentralized system in which all educational institutes in Korea (elementary schools, middle schools, high schools, colleges) took part in. The application of a decentralized system would improve the public transparency and reliability of educational institutes.

A Study on Implementation of integrated Image information of Intersection Image Recording System (교차로 영상기록 시스템의 통합 영상 정보 구현에 관한 연구)

  • Im, Pil-Sub;Im, Yo-Wung;Kim, Chun-Sun
    • The Journal of the Korea institute of electronic communication sciences
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    • v.12 no.6
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    • pp.1189-1196
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    • 2017
  • This paper is Intersection image recording system for transmitting to the central center after integrating the intersection image and signal split image into one image information. The system was configured to collect the intersection image and the signal split image and transmitted to the central center after integrating images into one image and recorded. The system is expected to be effective in preventing a secondary accident by immediately propagate the accident information and reduce the time it takes to dispute and determine the cause of the accident.

A Study on the Asia-Pacific Security Strategy of the U.S. Navy (미 해군의 아시아 태평양 해양안보 전략에 대한 연구)

  • Jeon, Eun-seon;Go, Kyung-min;Park, Tae-yong
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2015.10a
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    • pp.445-447
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    • 2015
  • The situation in Northeast Asia is rapidly changed because of the territorial dispute between neighboring countries near the East China Sea, North Korean nuclear bomb tests, long-range ballistic missile launching tests frequently and deployment of Chinese Liaoning class aircraft carrier. Especially, unstable political situation of North Korea and Chinese A2/AD strategy by strengthening naval forces are the cause of replanning Asia-Pacific security strategy of Unites States. In this paper, it is surveyed and analyzed that changed Asia-Pacific security strategy of U.S. and rearrangement plan of U.S. Naval forces. And changed environmental situation influence on our security is analyzed.

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Investigation on Uncertainty in Construction Bid Documents

  • Shrestha, Rabin;Lee, JeeHee
    • International conference on construction engineering and project management
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    • 2022.06a
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    • pp.67-73
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    • 2022
  • Construction bid documents contain various errors or discrepancies giving rise to uncertainties. The errors/discrepancies/ambiguities in the bid document, if not identified and clarified before the bid, may cause dispute and conflict between the contracting parties. Given the fact that bid document is a major resource in estimating construction costs, inaccurate information in bid document can result in over/under estimating. Thus, any questions from bidders related to the errors in the bid document should be clarified by employers before bid submission. This study aims to examine the pre-bid queries, i.e., pre-bid request for information (RFI), from state DoTs of the United States to investigate error types most frequently encountered in bid documents. For the study, around 200 pre-bids RFI were collected from state DoTs and were classified into several error types (e.g., coordination error, errors in drawings). The analysis of the data showed that errors in bill of quantities is the most frequent error in the bid documents followed by errors in drawing. The study findings addressed uncertainty types in construction bid documents that should be checked during a bid process, and, in a broader sense, it will contribute to advancing the construction management body of knowledge by clarifying and classifying bid risk factors at an early stage of construction projects.

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TREE FORM CLASSIFICATION OF OWNER PAYMENT BEHAVIOUR

  • Hanh Tran;David G. Carmichael;Maria C. A. Balatbat
    • International conference on construction engineering and project management
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    • 2011.02a
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    • pp.526-533
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    • 2011
  • Contracting is said to be a high-risk business, and a common cause of business failure is related to cash management. A contractor's financial viability depends heavily on how actual payments from an owner deviate from those defined in the contract. The paper presents a method for contractors to evaluate the punctuality and fullness of owner payments based on historical behaviour. It does this by classifying owners according to their late and incomplete payment practices. A payment profile of an owner, in the form of aging claims submitted by the contractor, is used as a basis for the method's development. Regression trees are constructed based on three predictor variables, namely, the average time to payment following a claim, the total amount ending up being paid within a certain period and the level of variability in claim response times. The Tree package in the publicly available R program is used for building the trees. The analysis is particularly useful for contractors at the pre-tendering stage, when contractors predict the likely payment scenario in an upcoming project. Based on the method, the contractor can decide whether to tender or not tender, or adjust its financial preparations accordingly. The paper is a contribution in risk management applied to claim and dispute resolution practice. It is argued that by contractors having a better understanding of owner payment behaviour, fewer disputes and contractor business failures will occur.

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Post-corona and semiconductor industry: The risk of separation of the semiconductor value chain triggered by Corona 19 and the response strategy of the Korean semiconductor industry (포스트 코로나와 반도체 산업 : 코로나19로 촉발된 반도체 밸류체인 분리 위험과 한국 반도체 산업의 대응전략)

  • Kim, Kiseop;Han, SeungHun
    • Journal of Technology Innovation
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    • v.28 no.4
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    • pp.127-150
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    • 2020
  • The World Health Organization (WHO) declared the third pandemic in history after the Hong Kong flu and swine flu. The outbreak of Corona 19 dramatically reduced exchanges between countries, while rapid contagion created a time gap in economic fluctuations by country. In January 2020, the trade dispute between the US and China entered into a consensus phase, but the economic decoupling phenomenon caused by Corona 19 made it difficult for China to balance trade with the US and made it difficult to comply with the terms of the trade dispute agreement between the US and China. President Trump attributed the responsibility for the spread of Corona 19 to China, and pointed out that the cause of the economic downturn was the infringement of Chinese trade secrets and illegal copies, and protectionism arose. As a result, China protested fiercely, and the conflict with the United States deepened. The US has declared trade sanctions on Huawei and SMIC, which are key companies in China's semiconductor industry, and is predicting the risk of a disconnection of the semiconductor value chain between the US and China. The separation of the value chain of the semiconductor industry has the potential to have a big impact on the semiconductor industry, a structure that is highly specialized and monopolized by certain countries and companies in the value chain. This paper aims to deal with the risk of disconnection in the semiconductor value chain between the US and China reignited by Corona 19, the impact and change of the global semiconductor industry value chain, and the response strategies of Korean semiconductor companies.

A study on the debate on traditional technique for Architectural Heritage conservation - Focusing on the dispute over the application of traditional technique for the restoration of the Sungnyemun gate - (건축문화유산 보존과 관련된 전통기술 논의 고찰 - 숭례문 복구에 있어서의 전통기술 적용 논란을 중심으로 -)

  • Kang, Hyun
    • Korean Journal of Heritage: History & Science
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    • v.47 no.3
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    • pp.208-223
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    • 2014
  • Since the recent restoration of the Sungnyemun gate (South gate of Seoul) which was burnt down in 2008, there were dispute about the application of traditional technique for the conservation of cultural heritage. In this research, the definition of traditional technique for cultural heritage conservation is thought and mentioned. In general, the understanding of traditional technique is based on the idea of 'tradition'. Tradition is not defined as a 'eternal doctrine existence', but a 'development of succession' and a 'living existence'. Thus 'traditional performance and craft as intangible cultural heritage' is defined as 'intangible' which also makes it difficult to define the 'original form/state' from 'the conservation of the original form' which is a major principle of cultural heritage. In case of Korea, if the 'traditional technique as intangible cultural heritage' is put into application to cultural heritage conservation, the unclear definition will cause many problems in the restoration/conservation site. This is because the site will apply this technique without any discussion of the range and limitation of 'traditional technique'. This means there will be the lack of discussion for the conservation of the cultural heritage which will not have a strict criteria for the allowable range of usage for the 'traditional material' using the vaguely defined 'traditional technique'. In this study, these application issues of the traditional technique were also considerecl, comparing the development of international wnservation principles. As a result, the conservation of 'traditional technique as intangible cultural heritage' is important, but the 'technique left inside the tangible cultural heritage' which is the 'material which is carrying the technique when it was firstly built' has more importance to preserve and need to be in the major considerations.

The Procedure for Decision of Enforcement by the Arbitration Award and Its Problems (중재판정에 의한 집행판결의 절차와 그 문제점)

  • Kim Bong-Suk
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.169-205
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    • 2003
  • Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

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A Study on the Types of Dispute and its Solution through the Analysis on the Disputes Case of Franchise (프랜차이즈 분쟁사례 분석을 통한 분쟁의 유형과 해결에 관한 연구)

  • Kim, Kyu Won;Lee, Jae Han;Lim, Hyun Cheol
    • The Korean Journal of Franchise Management
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    • v.2 no.1
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    • pp.173-199
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    • 2011
  • A franchisee has to depend on the overall system, such as knowhow and management support, from a franchisor in the franchise system and the two parties do not start with the same position in economic or information power because the franchisor controls or supports through selling or management styles. For this, unfair trades the franchisor's over controlling and limiting the franchisee might occur and other side effects by the people who give the franchisee scam trades has negatively influenced on the development of franchise industry and national economy. So, the purpose of this study is preventing unfair trade for the franchisee from understanding the causes and problems of dispute between the franchisor and the franchisee focused on the dispute cases submitted the Korea Fair Trade Mediation Agency and seeking ways to secure the transparency of recruitment process and justice of franchise management process. The results of the case analysis are followed; first, affiliation contracts should run on the franchisor's exact public information statement and the surely understanding of the franchisee. Secondly, the franchisor needs to use their past experiences and investigated data for recruiting franchisees. Thirdly, in the case of making a contract with the franchisee, the franchisor has to make sure the business area by checking it with franchisee in person. Fourthly, the contracts are important in affiliation contracts, so enacting the possibility of disputes makes the disputes decreased. Fifthly, lots of investigation and interests are needed for protecting rights and interests between the franchisor and franchisee and preventing the disputes by catching the cause and more practical solutions of the disputes from the government.