• Journal of Arbitration Studies
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• v.22 no.1
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• pp.43-63
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• 2012

Media ADR is currently emerging as one of successful cases in South Korea while environmental ADR was known not to satisfy both defendants and offenders. Thus, this paper is intended to present proper remedies for typical compensation schemes of environmental ADR by comparing the two ADRs regarding legal reservation of compensation clause. It was found that the media ADR helped clients achieve a more fast and easy dispute resolution by providing compensation standards based on various categories such as types and scopes of compensation. However, the compensation scheme of environmental ADR brought out public complaints and inadequate services due to inconsistency and instability in terms of legal reservation. The results indicate that the compensation clause based on the reservation of laws in media ADR could be used not only as a checklist to confirm limitations of environmental ADR, but also as realistic evidences to adjust the compensation standard systematically that is under development and requires remodelling. As a result, the research findings have opened the new possibilities of "the quality assurance of environmental ADR based on the domestic legislation", proposed as an initial aim of this paper.

• KIEAE Journal
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• v.6 no.3
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• pp.35-42
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• 2006

The apartment buildings now covers more than 50% of the total residential types in Korea and the urban residential area becomes increasingly congested with newly constructed high-rise apartment buildings. Judicial precedents require, for securing the solar rights in the residential area, that the consecutive sunshine duration should be at least two hours from 9:00 to 15:00 or the accumulative sunshine duration should be at least four hours from 8:00 to 16:00 as of the winter solstice. Disputes are increasing, however, on infringed solar rights and view rights for the neighboring structures as cases occur where the requirement cannot be satisfied in congested residential areas. The sunshine duration scan be assessed by measuring it on the site of the dispute, but it is impracticable to actually measure it for every case on the winter solstice, only one day out of the whole year. At a trial, therefore, 3D computer simulation is used to calculate the sunshine duration and determine the extent of infringement for submission of the evaluation to be used as the basis of the judgment. The simulation, however, may have an error in its result up to the program characteristics and the accuracy of the input data such as the structure shape and height, the distance between structures, and the ground level. This study, therefore, used a self-developed VIEW program with Autodesk VIZ 2006 to provide a simulation method for solar access evaluation, and verified its efficacy by comparing the results with the actual measurements.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.629-635
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• 2011

Retentions are generally considered to be intended to act as a powerful tool to incentivize contractors/subcontractors to remedy defective work in cases of non-performance. This study attempts to establish the extent to which retentions can be used for this purpose by investigating case law connected with insurance and defective work. One of the significant questions is whether retentions are sufficient to deal with construction defects or value of retentions in the rectification of defects is illusory. The cost to repair a defect may vary depending on a number of components including type, cause, magnitude and the construction stage at which the defect occurs. It is expected that a review of existing cases on defective workmanship will provide an insight on the issues and whether retentions are effective in their intended function. In order to establish their functionality, the study described in this paper investigated 6 construction insurance cases to identify the critical issues and the causes of dispute. It was found that the nature and the cause of defects were different in each case. It was also established that certain defect types not covered by insurance may be covered by retentions - potentially one of the key uses of a retention strategy. It is expected that the findings will assist in forming a view on the quantum of money that may be required paving the way for a first time understanding on a rational basis for setting up retention regime.

• Journal of the Korean Society of Safety
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• v.27 no.1
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• pp.105-110
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• 2012

Although reinforcement of work intensity caused by the recent prosperity of shipbuilding businesses and the steady increasing of results which produces orders has difficulties with heavy workload, unique work circumstance in shipbuilding industry where main and subcontractor do the job together is not easy to manage its safety systematically. According to KOSHA(Korea Occupational Safety & Health Agency), there were 2, 587 deaths of 95,806 disaster victims a year on average for late 6 years(2003-2008), therein 36,605 disaster victims and 646 death in manufacture where shipbuilding have 2,287 victims, 6.25% of total disaster victims and 45 deaths, 6.97%. Moreover it shows much higher accident rate in shipbuilding industry in Korea than well developed countries in this industry as Japan, Singapore, Taiwan and so it does about 3 to 10 times higher in case of death. Compared to Japan with a shipbuilding competition of orders received system, 2 times and 2.3 times higher for each and it is more than 2 times higher than accident rate of all domestic industries. These increasing of disaster result in a labor-management dispute and it is necessary that more positive efforts and investments because there occurs blind spot, neglected industry safety and health management by lack of them, Therefore this study, for the effective safety and health management of shipbuilding industry, attempts to analyze risk on kinds of ships and budget needed in safety management through classifying ships that are being made recently by three dominate major companies. For this, we carried out a survey and interview targeting experts related to shipbuilding industry and used AHP(Analytic Hierarchy Process) for result analysis. It is considered that cost of safety and health management will be spent more effectively on the results about risk on kinds of ships and budget needed in safety management in the study and that this study can contribute to decreasing disasters in shipbuilding industry.

• 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.

• 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.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.53-85
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• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.26 no.1D
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• pp.115-123
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• 2006

Recently, construction claims have been increased for protecting the rights of construction participants and effectively adjusting the changes under the contract. Thus, the importance of claim management has been emphasized in the construction industry. In domestic construction industry, some claim issues involved in construction activities are often being developed into disputes and even litigations because of the absence of methods or systems for the dispute resolution, and the lack of judicial precedents which can be provided as the references for resolving a particular dispute. In general, the judicial precedents related to the disputes and litigations occurred among construction participants would be extremely valuable in evaluating and analyzing current claims issues. However, such useful information has not been effectively accumulated and utilized in resolving the similar or sometimes identical types of disputes, thus requiring a large amount of additional costs, time and efforts. The primary objective of this study is to propose a web-based decision support system for construction claim management, which enables contractual participants to easily access and use the information of the judicial precedents related to the current construction claims. The decision support system is composed of 'prevention' and 'settlement' modules for avoiding and systematically resolving the construction claims.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.107-135
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• 2016

Medical tour can be said to be a new high added-value tour industry of 21st century. The development of varied and distinguished medical tour products by each country will further vitalize the medical tour industry. As the interest in such medical tour increases, it is necessary to analyze the demand and interests of tourists accurately and prepare medical tour products to be provided in order to develop and promote medical tour products. The government considers the medical tour industry as an industry with high expected effects in job creation through promotion of experts in global healthcare industry and national economy development through high added-value creation, and has expanded aid policies in medical tour field with improvement of medical tour immigration system, one-stop service system for medical tourists, and medical tour labor force promotion system. Nevertheless, there are disputes between foreign patients and medical tour inviting businesses, along with medical accident disputes between foreign patients and medical staff and disputes with those working in the tourism industry. This article reviews the types of disputes occurring around the inviting businesses related to medical tours and tried to review the resolutions. Through this, it was found that medical tour inviting businesses have the responsibility to connect the mediated benefits and risks and also the responsibility to process the tasks. Thus, in case dispute occurs due to passive actions from establishing agency agreement to active mediation results, it is difficult to escape the liabilities. Also, in a medical tour agency contract, the inviting business must be aware that it bears the responsibility to explain and advise the details on benefits and risks to foreign patients. The "Guide to arbitration system for resolution of medical disputes with foreign patients" by Korea Health Industry Development Institute Act presents a method to resolve disputes according to the [laws on medical accident damage relief and medical dispute arbitration] in case a dispute due to medical accidents occurs to foreign patients when the foreign patients prepare diagnosis agreement, Whether such method is sufficient to protect foreign patients, however, is thought to require discussions from more diverse perspectives. In order to vitalize medical tourism, the development of diverse products is also important, but the countermeasures against related disputes should also be prepared. Such is expected to contribute to a greater advancement based on trust of foreign medical tourists alongside excellent medical technologies.

• 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.