• Title/Summary/Keyword: Korean Civil Act

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A Study on the Feasibility of the Timing for the Implementation of Energy-Saving Plan of Buildings Based on the Approval of Business Plan and Construction Permit (건축물에너지절약계획서의 사업계획승인, 건축허가에 따른 적용시점의 타당성 연구)

  • Kim, Dae-Won;Kim, Young-Il;Chung, Kwang-Seop
    • Journal of Energy Engineering
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    • v.21 no.3
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    • pp.265-270
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    • 2012
  • The delay in the construction permit for the building, which obtained the approval of business proposal, may lead to a difference in the maintenance cost ranging between 20% and 30% in the neighborhood where the residents moved in, along with the new project under construction in the surrounding area amidst rigorous regulations that aim to promote energy-saving and the heightened interest of the public in energy conservation, and such problem would become the major source of serious public complaints. Thus, the energy-saving plan needs to be prepared when the approval is granted to the business plan. In order to prevent public complaints or ensure effectiveness of government's energy plan, it may be effective to apply the energy-saving plan based on current standards upon the award of construction permit when two years have elapsed since the date of the scheduled commencement of construction or when the start of construction is delayed as stipulated in the Article 18 of the Enforcement Decree of Housing Act. If the energy-saving plan and related technologies are merely the parts of license and permit process without fully serving their purposes and functions, it would be waste of time to deploy a lot of workforce and review and seek consultation. The government or owners of buildings need to fully understand the energy-saving aspects and exert effort to enhance the energy efficiency of buildings.

The Relationship between Unsafe Acts and Fall Accident of Workers Using ETA (ETA를 활용한 근로자의 불안전한 행동과 떨어짐 사고의 관계)

  • Jeong, Eunbeen;Choi, Jaewook;Lee, Chansik
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.3
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    • pp.28-38
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    • 2020
  • The large-scaled and high-rise construction structures in recent years have increased high place work, leading to an increase in falling accidents (hereinafter, "accidents"). The need for prediction and management of unsafe acts of workers at construction sites has been raised as unsafe acts of workers are identified as the main cause of industrial accidents. This research aims at deriving the improvement effect of unsafe acts by presenting the relationship between unsafe acts of workers and accidents at construction sites as a probability. Unsafe acts of workers were derived based on the analysis of accident cases. In addition, surveys were conducted to calculate the probability of occurrence of accidents caused by unsafe acts (hereinafter, 'accident probability'). The Event Tree Analysis (ETA) was utilized to confirm the final probability according to the combination of unsafe acts and improvement effect. The accident probability by unsafe act was found to be the highest for working after drinking (95.41%) and to be the lowest for equipment and machine utilization (65.70%). The accident probability according to a combination of unsafe acts was the highest when all of the unsafe acts were conducted (13.23%) and was the lowest when none of the unsafe acts were conducted (0.00%).

Elastic Wave Modeling Including Surface Topography Using a Weighted-Averaging Finite Element Method in Frequency Domain (지형을 고려한 주파수 영역 가중평균 유한요소법 탄성파 모델링)

  • Choi, Ji-Hyang;Nam, Myung-Jin;Min, Dong-Joo;Shin, Chang-Soo;Suh, Jung-Hee
    • Geophysics and Geophysical Exploration
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    • v.11 no.2
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    • pp.93-98
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    • 2008
  • Abstract: Surface topography has a significant influence on seismic wave propagation in a reflection seismic exploration. Effects of surface topography on two-dimensional elastic wave propagation are investigated through modeling using a weighted-averaging (WA) finite-element method (FEM), which is computationally more efficient than conventional FEM. Effects of air layer on wave propagation are also investigated using flat surface models with and without air. To validate our scheme in modeling including topography, we compare WA FEM results for irregular topographic models against those derived from conventional FEM using one set of rectangular elements. For the irregular surface topography models, elastic wave propagation is simulated to show that breaks in slope act as a new source for diffracted waves, and that Rayleigh waves are more seriously distorted by surface topography than P-waves.

A Selection Model of Suitable Tendering System for Public Construction Projects (공공건설공사의 최적 입찰방식 선정모델)

  • Yu, Il-Han;Kim, Kyung-Rai
    • Korean Journal of Construction Engineering and Management
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    • v.9 no.3
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    • pp.164-174
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    • 2008
  • It is crucial In decision making to select a project delivery system (PDS) adjusted accordingly to the project characteristics. Furthermore, selecting a tendering system is the kernel in the process of selecting PDS. In October 2007, the Ministry of Finance and the Economy of Korea launched two new project delivery systems, "Best Value Contract (Design-Bid-Build)" and "Bridging Contracts (Design-Build)" by revising enforcement ordinances of "Act on Contracts to Which the State is a Party" to provoke the tendering systems. In order to support the proposed purpose, this research developed a selection model for suitable tendering system, which helps a public owner select a tendering system appropriate to the project characteristics. First, the framework of the model was set throughout analyzing previous researches and interviewing relevant experts. Additionally, by analyzing the survey result from 265 experts engaged in architectural and civil engineering business, the relative weights of the selection factors and the effectiveness values of the alternatives were suggested as the quantitative evaluation references. Finally, the practical guideline was suggested to apply this model to three public projects scheduled to be delivered. The result of applying the model to three case projects showed that further researches were needed to make the selection process logical and to suggest the standard weights and effectiveness values according to project type.

Effective Handling of Construction Disputes for Strengthening the International Competitiveness of the Construction Industry (건설산업 국제경쟁력강화를 위한 건설분쟁처리절차 개선방안)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.4
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    • pp.3-11
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    • 2020
  • Problems related to construction contracts arise if they are not reflected in the design phase from the planning phase of the construction project, or if they are not properly dealt with despite various changes in the construction phase. So far, there have been a number of discussions in Korea regarding the improvement of the procedures for resolving construction disputes, and the problems related to the procedures for solving construction disputes have been raised steadily, but the problems related to the procedures for solving construction disputes are still unresolved. Therefore, in this study, the followings were proposed to strengthen the international competitiveness of the construction industry. First, the so-called Construction Dispute Mediation Act should be enacted to prepare the basis for the establishment of a tentatively named Construction Dispute Mediation and Arbitration Agency(CDMA). Second, the work of the CDMA should be limited to the work of supporting the DRB, mediation and Arbitration the private and public sectors. Third, it is required to choose between adjustment and arbitration when obtaining a contract and to operate the DRB during construction phase. Fourth, CDMA should be established as standing bodies, and branches should be operated in various parts of the country. Fifth, construction experts from various areas should be included as members so that disputes over construction contracts can be dealt with quickly. And finally, relevant laws that specify the procedures for dealing with construction disputes should be amended together.

Improvement of Contract Change Order System for the Fairness of Subcontracting in Public Construction Projects (공공건설공사의 하도급 거래 공정화를 위한 계약변경 제도개선 방향)

  • Cho, Youngjun
    • 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.

Systematic Improvement for Effective Operation of Long-Term Continuous Construction Contracts (장기계속공사계약의 효율적 운영을 위한 제도 개선)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.6
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    • pp.3-10
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    • 2019
  • The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

A Study on the Role of Archivists in the Process of Establishing an Archives - Focuced on the case of The Korea Democracy Movement Archives (기록관(Archives) 건립과정에서 아키비스트의 역할에 관한 연구 - 민주화운동자료관 사례를 중심으로 -)

  • Jun, Myung-Hyuk;Kim, Young-Kyoung
    • The Korean Journal of Archival Studies
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    • no.3
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    • pp.65-89
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    • 2001
  • We, at The Korea Democracy Movement Archives opened temporarily at SungKongHoe University(SKHU), have currently collected about 100,000 recorded materials of democratization movement related with labor, farmer, civilian, human rights, peace, unification, young people, student and women's movements by investigating, collecting and receiving donations from civil organizations and individuals, and about 70,000 data out of this 100,000 data were converted into computer files. The Korea Democracy Movement Archives(temp) at SKHU has a significance in that it is the first archive opened by an organization. Furthermore, the opening of this Archive means the expansion of awareness on recording culture and accumulation of the achievements of the democratization movement in Korea. However, many obstacles still remain in the establishment of this Archive in a full-scale. This article examined many theoretical and realistic obstacles posed to the archivists, who are the professionals responsible for record management, in process of establishing the Archive, and the role and future perspectives of the archivists at The Korea Democracy Movement Archives(temp). The first obstacles in the process of organizing and separating the recorded materials at the Archive is a difficulty in the description of classifying the different movement organizations. The second obstacle is a difficulty in specifically applying the international standard, ISAD(G), of record description in the process of establishing the description items. Through many trials and errors, we need to try to confirm the description befitting. The Korea Democracy Movement Archives through continuous adjustment and complementary measures. The third obstacle is a difficulty in estimating the range and physical and quantitative amount of the recorded materials since the collection of recorded materials is complete. Thus, the answers to these problems lie in continuous efforts to establish a creative classification system befitting the democratization movement in Korea in the process of many trials and errors and endeavor. The evaluation classification done by archivists is a creative act forming record heritage, and archivists need to form record heritage reflecting the evaluation system of a certain period. Moreover, they transmit the shape of the current era in a maximum scale to the future by using the minimum amount of records. An archivist is responsible for two tasks, i.e., preserving a record and making other people to utilize the record by working with record. However, We, at The Korea Democracy Movement Archives(temp), have an additional task of contributing to the democratization movement in korea that has not ended by collecting, preserving and making people to utilize the fragments of memory in the recent history of Korea by establishing the Archives.

A Study on Analysis of Construction Monitoring Cost and Improvement Measures of Railway Tunnel Construction in Seoul (서울시 철도터널 건설공사의 공사계측비 분석 및 개선방안 연구)

  • Jong-Tae Woo
    • Journal of the Society of Disaster Information
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    • v.19 no.1
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    • pp.18-30
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    • 2023
  • Purpose: This study is to contribute to the development of monitoring technology through the increase of confidence in construction monitoring by deriving the analysis of construction monitoring cost and improvement measures of railway tunnel construction in Seoul. Method: It presents the status on design and contract of construction monitoring cost, status on application construction monitoring cost and its analysis, analysis on safety management cost and quality management cost, expansion of application of the price calculation standard for monitoring management services to improve this, and monitoring for direct order of ordering organization. Results: If the monitoring management service that was meanwhile ordered as included in the construction work is performed by the directly selected company of ordering organization through the preliminary screening for bidding qualification, then the improvement of monitoring quality and the accurate monitoring data can be secured. Conclusion: For the price calculation standard for monitoring management service, the application of actual cost addition method under the Engineering Promotion Act and the calculation standard of monitoring management cost for standard estimation for ground survey should be extended through the direct order of ordering organization, not the method to be included in the net construction cost where it is performed by a subcontractor via contractor.

Legal Issues and Tasks for the Establishment of National Contract for Peace and Unification ('평화통일국민협약' 추진의 법제도적 과제)

  • Choi, Cheol-Young
    • Journal of Legislation Research
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    • no.55
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    • pp.57-94
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    • 2018
  • Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.