• Title/Summary/Keyword: Lawsuit on Defect

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Developing Countermeasure Model to Prevent Planned Lawsuit on Apartment Construction Defects (공동주택 하자기획소송에 대한 건설사 사전 대응 모델 개발)

  • Cho, Youngsun;Cha, Heesung;Kim, Kyungrai;Hwang, Youngkyu;Shin, Dongwoo
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.3
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    • pp.74-82
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    • 2014
  • The proportion of apartment housing has been increased to solve the housing problems resulted from rapid growth in urban population and urban economy. With the increase in apartment's proportions and the concern about quality of housing, the contractors have made efforts to satisfy the customers in improving the quality of housing. Despite these efforts, the conflicts between the contractor and the customers are getting serious. Also the disputes and the litigation of defect are increasing because of the contractor's negative treatment and inadequate countermeasure. In this study the defect lawsuits which bring actions against the contractors are collected and analyzed. And then the strategic countermeasures are proposed according to the classifying the type of defect and size. The suggested countermeasure model before the defects are resulted is expected to contribute in developing the contractors strategies to reduce the conflicts against customers.

Analysis on Legal Issue of Lawsuits and Subjective Judgment on Defects in Apartment Building (공동주택 하자소송의 법률적 쟁점사항과 판정체계분석)

  • Park, Jun-Mo;Seo, Deok-Seok;Choi, Jeong-Hyun;Kim, Ok-Kyue;Park, Kang-Woo;Jo, Jae-Hun
    • Journal of the Korea Institute of Building Construction
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    • v.12 no.1
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    • pp.42-53
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    • 2012
  • Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

Research about Integrated System construction design of ISO 9001;2000, KS and Product Safety Management by PL(Product Liability) law practice (PL법 실행에 따른 ISO 9001;2000과 KS 및 제품 안전경영(PSM) 통합시스템 구축의 설계에 관한 연구)

  • 유왕진
    • Journal of Korean Society for Quality Management
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    • v.31 no.4
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    • pp.184-193
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    • 2003
  • PL has been developed centering around England and America. Recently many countries are introducing PL system changing the world a single economic bloc based on the rapid development of Technology and Economy. This paper is studied with related literatures and theses, organizational consulting cases within the framework of the firm as the central operating bodies of PL system. In the past, Some papers about System Integration which was operated as a same Certificate System and enacted in a single organization, was studied and presented. But most of papers was a theoretical study related model and conception. In this situation Government supports PSMS of a single system at government expense to 100­200 companies for improving organizational confrontation ability of PL this year. This paper proposed a design and effect of Integration system model based on the analysis of ISO 9001:2000, KS, PSMS and ISO 14001. The integrated system has the following three distinctions. Firstly, KS is a national establishment, national leading certification and forcing standard. Secondly, ISO 9001:2000 and ISO 14001 are an international organization's establishment, non­official certification and optional standard. Finally, PSMS isn't a national law and forcing matter. And it isn't the concept of certification but the operational system by itself. Also if a lawsuit by defect is happened, it is very dangerous. This paper, which is integrated by four management systems and has many consulting cases, is the first in this department and is different from others. Also If people has the basic knowledge about management system, they can directly connect it to the organizational system according to this paper's guidance. It is very good result in this study because the law of PL is executed now.