• Korean Journal of Construction Engineering and Management
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• v.19 no.4
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• pp.34-42
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• 2018

Apartment is a typical type of housing preferred by the majority of people. However, and defect disputes occur because various defects such as cracks, subsidence, breakage, water leakage, dew condensation and dropout are confirmed with numerous structures and finishing materials. From this point of view, this paper analyzes defect frequency and costs of each warranty period by work types, and estimates defect risks by using defect dispute cases. It examined about 5,337 defect items for 32 apartment over ten years old. In this paper, there are 10 types of work types and the warranty liability period is divided into 6 categories. Based on these categories, defect frequency and costs are investigated, and finally defect risk of the warranty liability period by work types confirmed. As a result of this analysis, it was found that defect risk in RC and finishing work is very high. Especially the RC work revealed that there is a high risk of trying from the third year onwards and it was found that the defect risk up to the second year is high in the finishing work. Due to aging of RC structure, the defect risk gradually increases, and finishing work initially cause defect disputes because of the housing environment.

• Korean Journal of Construction Engineering and Management
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• v.21 no.5
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• pp.3-10
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• 2020

Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

• The Journal of the Korea Contents Association
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• v.21 no.4
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• pp.88-95
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• 2021

In Korea, which achieved economic growth due to export industries, the economic importance of the foreign port transportation industry is very great. The government took the initiative in fostering the foreign port transportation industry, and as a result, it developed into one of the top 10 foreign port transport countries in the world. However, due to the poor management of the small and medium-sized foreign port transport business and the trade dispute between countries, the foreign port transportation industry has faced a long-term invasion. Therefore, in order for these companies to recover again, they will, among other things, have to reorganize their operational inefficiency to carry out efficient production activities. In this study, we want to analyze the management efficiency of the top 10% companies in the unlisted domestic outbound shipping industry, present the project value of inefficient enterprises, and confirm the reference collection of companies that may be subject to benchmarking. For this purpose, a total of 10 foreign port transportation industry were analysed for efficiency and scale profitability (RTS) of the CCR and BCC models. The analysis showed that there were a total of six entities with BCC efficiency and five entities with CCR efficiency. In addition, there were a total of five entities with both BCC and CCR efficiency.

• Korean Journal of Construction Engineering and Management
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• v.23 no.5
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• pp.3-14
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• 2022

Construction projects have high potentials of claims among a variety of stakeholders. Claims on their own are not disputes but they have high potentials leading to disputes if agreements are not made between parties due to conflicting opinions. In the event of the construction disputes between clients and contractors, it could give negative impacts to both parties and, to minimize or pro-actively manage construction disputes, the role of clients is more significant. The objective of the study is to analyze a level of associations between the types of disputes and causes of construction projects based on the association rule analysis, and to identify and discuss key characteristics and implications from client's perspectives. The study analyzes associations between the types of disputes and causes, and also identifies those with a high level of associations. It also presents the outcomes of more systematic analysis compared to descriptive statistics just based on frequencies. Through the analysis of the data cases, the study proposes the directions to resolve the causes of disputes from client's perspectives. It can assist to improve understandings of the relationships between the types of disputes and causes and to pro-actively manage the disputes of construction projects.

• The Korean Journal of Emergency Medical Services
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• v.13 no.1
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• pp.87-96
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• 2009

Purpose : To grasp the mental burden for legal responsibility that rescue members have in the performance of job. Method : Questionnaire was presented to rescue members serving in 2 direct control safety centers of fire station located in Seoul, Daejon, Incheon, Kwangju, Busan, Daegu and Ulsan. Results : 1. Questioned whether they have mental burden for legal responsibility while performing job on the site, the rescue members responded : very burdensome in 38.0%, burdensome in 56.0%, moderate in 4.5%, not burdensome in 1.0%, no burden at all in 0.5%. 2. Questioned on the first aid treat for which they have the most mental burden, the rescue members responded : intubation into trachea laryngeal mask airway(LMA) in 40.4%, automatic external defibrillator in 16.3%, securing vein providing sap(medicine) in 10.8%, basic cardiopulmonary resuscitation in 7.2%, eliminating foreign matters inserted into body in 5.4%, stanching external bleeding and treating injury in 5.4%, fixing extremities and spine by using splint in 1.8%, measuring the symptom of vitality in 1.2%, providing oxygen in 0.0%. 3. Questioned whether experiencing legal problem or firm petition(complaint) raised by patient while serving as rescue members, they responded : experiencing a complaint in 41.6%, experiencing no complaint in 58.4%. Asked to indicate the stress level in the scale of which they suffered when lawsuit or firm petition was raised, 0(weak)-10(strong), they answered 8.8 in average. 4. Questioned whether 119 rescue members put the legal responsibility in case that they cause damage to patients intentionally in performing, they responded to the inquiry 3.66 in average(of 5.00). It represented meaningful differences (F=2.874, p=.024) whether they had license or not. 5. In future, legal action will raise against the rescue member by 99% because of people's rights improvement(63.1%), high expectations for the rescue system(29.5%), non-licensed rescue members(5.1%). Conclusion : It was found that the rescue members had severe mental burden for advanced life support which was investigated to have low enforcement rate in the preceding research, for instance, intubation into trachea securing vein management by using automatic external defibrillator. To improve the qualitative level of rescue service in the fire fighting, it may be required to construct the environment that eliminates the mental burden of rescue members for legal responsibility.

• International Commerce and Information Review
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• v.18 no.3
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• pp.249-273
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• 2016

Recently companies consider the patent activity as one of the critical factor for success in global economy even though one of the enterprise's competitiveness factor was productivity in past industry economy. Since there are so many patent dispute globally in IT industry, it is very important for companies to register and manage patents strategically. Therefore, this research analyze relationship between Financial result and 3 patent activity factors like productivity, effectiveness, and high-quality by investigating patent and financial data of 217 Korean IT enterprises. This paper get the following results after building research model and hypothesis based on resource-based theory and analysing the data sets using multiple regression model. First, effectiveness and high-quality of patents showed positive(+) effect on growth of total assets of IT enterprises. Second, three factors of patent activities do not have significant results with average increase rate of sales. Third, only high-quality of patents have positive(+) effect on average increase rate of net income. The differentiation factor of this research is that this paper categorized patent activity factors as quantitative and qualitative factors, and practically suggested strategic direction of patent activities of IT companies which face serious patent distribute globally.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.139-175
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• 2017

The Assembly plenary session on December 3, 2017 passed a Product Liability Amendment bill that introduced clauses concerning consumer burden of proof and punitive damage reimbursement. More specifically, these newly approved provisions will reduce the burden of proof placed on consumers and levy triple punitive damage on suppliers. Significant increases in the number of product-liability lawsuit and the number of related insurance contracts are expected. Since military aircraft are designed for operational purpose(seeking greater combat effectiveness over greater safety) and used in high-risk environment, it is practically impossible to obtain an affordable product-liability insurance, Without having any backup plan, military aircraft manufacturers directly face all sort of liability risks under Product Liability Act, Warrant Liability Act and Non-Performance of Contract Act. The U.S. experienced similar problems when they first implemented their product-liability law in 1970s. There had been a big dispute among legal practitioner, insurance professionals and scholars concerning military aircraft manufacturer's liability. In order to settle the issue, the U.S. Supreme Court has established a new precedent of Government Contractor Defense(GCD). The U.S. government also included an indemnity clause for military aircraft manufacturers in their FMS Contract with the Korean government. Likewise, Korean military aircraft manufacturers should 1) clearly understand their current position that they cannot afford expensive product-liability insurance and the cost is not accounted in the military procurement calculation, 2) estimate potential liability risks with the ongoing overseas export expansion in mind, 3) set up appropriate risk management measures through regulatory reform and policy development.

• International Commerce and Information Review
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• v.13 no.3
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• pp.403-431
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• 2011

The environmental issues including domestic measures to protect public life or health are generally easy to bring the tension between the WTO and its member countries. The standard of review, whether de novo review, total deference, or somewhere in between, is largely important in the WTO's adjudicating mechanism because it is closely related to the appropriate balance of power between sovereign nations and the WTO: The multilateral trading regime, through the proper standard of review, could harmoniously operated without interest conflicts among the member countries and at the same time between the WTO and the member countries. Irrespective the important function of the standard of review in the WTO judicial system, applicable standard of review has not been established in the current SPS Agreement. Furthermore, the nature of the SPS Agreement related in scientific factors, such as scientific experiment, data and assessment prevents the WTO's panel from applying consistent standard of review. Considering the judicial demand for the moderate treatment of the case under the SPS Agreement, this paper explores appropriate standard of review applicable the SPS-related environmental measures, particularly, by analysing the recent SPS-related dispute, US-Hormones Suspension.

• The Korean Journal of Pain
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• v.13 no.1
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• pp.44-48
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• 2000

Background: The continuous epidural analgesia is a popular method in the management of postoperative pain. However, the exact regimen for the optimal analgesia is still in dispute. In this study, we evaluated the effect of an initial loading dose prior to the continuous epidural infusion after a brief surgery, which may have some residual effects of local anesthetics that is used for the intraoperative epidural anesthesia. Methods: Seventy five patients required epidural anesthesia with 15 ml of 2% mepivacaine for the perianal surgery were randomly divided into three groups: Group 1, being the control group (n=25) did not received postoperative epidural pain control. But, group 2 (n=25) and 3 (n=25) received continuous epidural analgesia with local anesthetics and morphine immediately after surgery. In Group 2, the patients received continuous epidural infusion without initial loading dose. In Group 3, the patients received initial loading dose (1% mepivacaine 6 ml and morphine 1 mg) and followed by continuous epidural infusion. We evaluated the number of patients who needed adjuvant analgesics, the pain score, and incidence of side effects for the postoperative 48 hours. Results: At postoperative 12 hours, in group 3, the two variables, the number of patients who needed analgesics and the pain score showed a statistical significance with low scores compared with group 1 and 2. At postoperative 24 and 48 hours, the two variables indicated above did not show any differences in group 2 and 3. The incidence of side effects is not different among the three groups. Conclusions: The loading dose prior to continuous epidural infusion is necessary after a brief surgery which may have some residual effects of local anesthetics that is used for the intraoperative epidural anesthesia.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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• v.19 no.4
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• pp.223-231
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• 2014

In order to prevent the spread of non-indigenous aquatic species through the ballast water in commercial ships, International Maritime Organization (IMO) adopted in 2004 the International Convention for Control and Management of Ship's Ballast Water and Sediments. The Convention mandates treatment of ballast water for most transoceanic voyages and its confirmation of treatment is made with plankton live/dead assay. Fluorescein diacetate assay (FDA), which produces bright green light for live phytoplankton, has been a de facto standard method to determine the survival of marine plankton, but its staining efficacy has been in dispute. In the present study, we examined the limitation of FDA, and compared its efficacy with Neutral red (NR) staining, another promising assay and widely used especially for zooplankton mortality. For all phytoplankton species studied in the present study, except Ditylum brightwellii, the staining efficiency was <50% with FDA. The green FDA fluorescence interfered with phytoplankton autofluorescence in most samples. In contrast, NR assay stained over 90% of both phytoplankton and zooplankton species tested in this study. FDA assay also showed that green FDA fluorescence rapidly faded when phytoplankton cells were exposed to microscope light. Both FDA and NR assay were negative on formalin-killed individuals of both phytoplankton and zooplankton species. Our results suggest that NR assay is more effective for determining the survival of marine plankton and can be applied to test the efficacy of ballast water treatment.