• Korean Journal of Construction Engineering and Management
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• v.5 no.6 s.22
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• pp.110-117
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• 2004

The environmental-related disputes and claims are steeply increasing recently. Among them the number of disputes and claims on noise and vibration incurred in the process of construction is more than $85\%$. Since those disputes and claims cause cost overrun and or penalty and bad impression for the construction company, it is necessary to develop a systematic management method for solving them. This study presents a environmental management structure based on the examining many kinds of environmental-related laws including 'The Act on Regulation of Noise and Vibration' furthermore, through analysing various dispute and claim cases, and surveying literatures we suggest environmental study noise and vibration management method using for the preconstruction phase, the construction phase and the post construction phase, respectively.

• Spatial Information Research
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• v.19 no.5
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• pp.27-35
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• 2011

The current cadastral surveying is used digital cadastral map. This map is no local confirmation. Besides, Base cadastral map drawn up 100 years ago. And Graphical cadastral characteristic is difficult to ground boundary points restoration. Due to the lack of ground boundary points can cause land dispute and Cadastral Non-Coincidence. In this Study, Understand the concept of accuracy and error, Analyzing the current regulations. Also Comparative analysis of current cadastral regulations and other surveying regulations to suggest improvements to the cadastral surveying. The results indicated a clear definition of accuracy and error and The installation of permanent ground boundary points are needed. Uniform and consistent reference point system is needed. In addition, the accuracy provided by the landowner should understand. Cadastral Surveying Regulations require specific and detailed procedures.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.33-56
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• 2011

Korea Supreme Court has cancelled four cases of thirty-nine Arbitral awards made by Korean Commercial Arbitration Board since Korea arbitration act was enacted in 1966. Three cases of them were cancelled by the reason of the arbitrator's disqualification in relation to impartiality or independence and the other to arbitration agreement enable to select the lawsuit or arbitration. When a person is approached in connection with his possible appointment as an arbitrator or has already been appointed as such, he shall without delay disclose all circumstances likely to give rise to justifiable doubts as to his impartiality or independence according to the one of the article 13 of Korean Arbitration Act. Upon being notified of the appointment as an arbitrator, each arbitrator shall immediately disclose in writing to the Secretariat any circumstances which might cause reasonable doubt about impartiality or independence. An arbitration agreement shall be made clearly and in writing not to appeal to the court or to be brought in the court. However most of the korean construction contracts have the arbitration agreement clause enable to appeal to the court or the arbitration on government official's advice. Many of these disputes are resolved by litigation after the precedent(Law case number : 2003da318) set by the Supreme Court on August 22, 2003 between the Korea(government) and the Korea Railroad or abandoned its attempt to arbitration. But each year, about four hundreds of arbitration business transactions were resolved arbitration, the voluntary submission of a dispute to an impartial person or persons for final and binding determination. Arbitration has proven to be an effective way to resolve these disputes privately, promptly, and economically.

• Journal of Korean Society of Coastal and Ocean Engineers
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• v.21 no.5
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• pp.371-379
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• 2009

In this paper, we discussed methods and problems for estimating historical shorelines on a reclaimed land. Since many of coastal lands are unregistered in Korea, reclamation of public waters could cause complicated land ownership dispute. Unlike cadastral boundaries, historical shorelines can be represented by those of various locations due to lack of legal definition of shoreline as well as characteristics of shoreline changes, which directly influence on the calculation of coastal and submerged land areas. Through a case study for Anjeong industrial complex, a systematic method of investigating historical shorelines was suggested to resolve the problems. For a rocky coast where shoreline changes are not likely to occur, a shoreline based on tidal datum was retrieved using aerial photographs taken before the construction of reclamation. Compared with ground survey data, the shoreline was accurate, indicating that the digital photogrammetry was reliable.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.1
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• pp.49-58
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• 2014

The illegal fishery act committed Chinese fishing vessels have not been stopped and Korea Coast Guard(KCG) has been injured or killed by chinese fishing forces, even though the Korean Government has been trying to control the illegal fishery and repeated violent act committed by Chinese fishing vessels in our Exclusive Economic Zone. Moreover, some problems in relation to the control process of KCG to suppress the illegal foreign fishing vessels has been exposed in spite of extensive efforts of Korean Government. Improper law enforcement of KCG in relation to foreign fishing vessels would cause international dispute between related states, although the control process to the illegal fishing vessels at sea is in a way of due law enforcement process forming a State's power. To this end, this paper examines the problems raised during the control process which is including the visit and inspection of illegal Chinese fishing vessels and law enforcement process exercised by KCG and presents practical solutions through analyzing the related materials, professional's opinion and recent cases.

• Journal of Korea Port Economic Association
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• v.26 no.4
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• pp.310-328
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• 2010

The purpose of this study is to contribute to reducing distribution costs, enhancing export price competitiveness, and improving distribution system in LCL cargo, by pursuing the present status of warehouse storage fee, a cause & problem about excessive hike, and a plan for stabilizing warehouse storage fee, as for LCL Cargo, which is imported by sea. The plans for rationalizing warehouse storage fee in LCL cargo were suggested the adoption of the ceiling system for warehouse storage fee rate, the obligation of offering information on warehouse storage fee rate, the eradication of illegal rebate, the improvement in distribution system of the imported LCL cargo, a scheme for the importer to designate a bonded warehouse and forwarder, the introduction of the tentatively named 'LORAS(Lowest Rate Service),' and formation of the dispute coordinating committee for warehouse storage fee.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.22 no.4
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• pp.648-655
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• 2018

Our government has concentrated its policy capabilities on Software industry in order to realize software-centric society. Through such efforts, software industry has developed continuously. As well, it has been a high-valued industry by the association with other various industries, so its importance has been great and its market has grown explosively. However, owing to the hasty support policies focused on software industry, various problems and adverse effects, such as the decline of construction quality due to the confusion of business operator selection and the business area conflict, has occurred. Therefore, in this thesis, I will find the problem and its cause about software support policies and relevant laws according to rapid market change, and will suggest the improvement plan about them. So, I intend to minimize the problems associated with the confusion of business operator selection, through the business area clarification(software industry and information communication construction industry) about complex ICT industry.

• Journal of Korea Trade
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• v.23 no.6
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• pp.14-32
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• 2019

Purpose - This study is designed to provide new insights on trade claim management by typifying trade claims from a relational perspective, which defines trade as an organic combination that exchanges relationships based on a mutual goal instead of conflicts between obligations and rights of the contracting parties. Design/methodology - This is a phenomenological study that aims to typify trade claims based on a relational perspective and extract implications for trade claim management. The research procedures of this study are as follows. First, international commercial dispute cases applying the CISG are collected. Second, the cases collected are quantified through content analysis. The variables for quantification are developed based on a relationship perspective. Third, cluster analysis is conducted on coded data to typify cases. And finally, this study compares the characteristics of each type using analysis of variance and suggests implications for the strategic management of trade claims from a relational perspective. Findings - Results show that trade claims are divided into four clusters, depending on whether flexibility is accepted or not and which party violates mutuality. There is also a difference between the claimant and the cause of the claim, according to the cluster. Based on the results, this study suggests that the buyer and the seller should employ different strategies depending on the type of trade claim and presents proposals for strategic claim management. Originality/value - Firstly, this study extends the theoretical discussion on trade claims by applying relational contract theory. Prior studies on trade claims have been primarily based on traditional contract theory. The second is to analyze trade claims quantitatively. Prior case studies on trade claims have mainly relied on qualitative research. Finally, the study contributes to international commercial practice by typifying trade claims and presenting options for strategic management.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.43-59
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• 2018

This study aims to review various efforts required by medical institutions to prevent medical accidents in advance and to suggest the necessity of introducing liability insurance for medical accidents based on cases abroad and compulsory professional indemnity insurance at home. Over the past five years between 2013 and 2017, the number of inquiries regarding medical accidents and medical disputes has increased by 11.1 percent from 36,099 to 54,929, and the number of mediation and arbitration for medical disputes has increased by 14.3 percent from 1,304 to 2,225. Since some medical accidents even cause social problems, a compulsory insurance system for the liability of medical institutions for damages need to be introduced to promptly compensate the victims of medical accidents and to ensure compensation by medical personnel. In Korea, a system is in place to provide compensation for a client who suffers an accidental damage after receiving professional services, regardless of whether or not the professional service provider can provide compensation. In major foreign countries, a medical liability system is in place that is applied either by the principle of liability with fault, or the principle of liability without fault. In this study, the cases of compulsory insurance and semi-compulsory insurance in the US and Japan to which the principle of liability with fault is applied, as well as the case of New Zealand to which the principle of liability without fault is applied, were examined. It is necessary to urgently introduce the compulsory insurance system for the liability of compensation to prevent medical disputes and to compensate for the life and physical damages of the victims of medical accidents in domestic medical institutions. Doing so is expected to ensure fair compensation for the victims of medical malpractice and compensation by medical personnel, thereby improving medical practice.

• Journal of the Korean Institute of Landscape Architecture
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• v.48 no.4
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• pp.8-18
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• 2020

This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.