• Title/Summary/Keyword: Obligation

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A Study on the End of Defects Liability Exit Procedure in Apartment Buildings through Case Studies (사례분석을 통한 공동주택 하자담보책임 종료 절차연구)

  • Kim, Jin-kuk;Bang, Hong-Soon;Choi, Byung-Ju;kim, Ok-Kyue
    • 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.

Optimal Preventive Maintenance Policy for Products Sold Under Warranty (보증하에 판매되는 제품의 적정 예방정비 계획)

  • Chun, Young-Ho
    • Journal of Korean Institute of Industrial Engineers
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    • v.15 no.2
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    • pp.87-91
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    • 1989
  • A warranty is a contractual obligation incurred by a producer in connection with the sale of a product. The warranty specifies that producer agrees to remedy certain failures in the product sold. There have been many articles dealing with warranties, but they have studied about optimal warranty cost for the warranty period. In this study, an optimal preventive maintenance time interval is computed. The optimal preventive maintenance time interval minimizing warranty cost for the warranty period is discussed. It is assumed that failure rate is increasing and the failure rate after preventive maintenance or corrective maintenance lies between good as new and bad as old.

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A Study on the Delay Claim in Construction Projects (계약공사기간 연장에 의한 클레임 처리방안)

  • 노병옥;이상범;이호일
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2001.11a
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    • pp.93-98
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    • 2001
  • If the construction delays are occurred during the project execution, the contractual parties should inquire the delay causes and the contractual obligation. Due to the compensation of damages, the interested parties and the contractual parties are placed on the adverse situation. For reasonable of the claim and dispute, the contractual parties are needed the objective and systematic procedure method to analyze the delay. The purpose of this study is to propose a formal process model considering the case of construction delay-claims.

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PL PREVENTION PROGRAM FOR EXPORT INDUSTRIES (PL 대응책에 대한 고찰)

  • 황의철
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.9 no.14
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    • pp.35-43
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    • 1986
  • PL(product liability) is a major social, market, and economic force. The legal obligation of manufacturers and sellers to compensate for injury or damage caused by defective products is not a recent phenomenon. The concept of Product liability has been in existence for many years, but its emphasis has changed recently. This PL prevention program has shown that the two area of product quality assurance one is a PLD(product liability defense) and the other is a PLP(product liability prevention.

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Status of the Universal Service Obligation and the Intangible Benefits (주요국 보편적서비스 제도 및 무형편익 적용 현황)

  • Baek Hyunmi;Byun Jaeho;Cho Eunjin;Song Yeonkyung
    • Proceedings of the Korean Operations and Management Science Society Conference
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    • 2004.10a
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    • pp.627-630
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    • 2004
  • 본 고에서는 국내 보편적서비스 제도와 해외 보편적서비스 제도를 개괄적으로 정리한 후, 최근 보편적서비스 제도에 있어서 이슈를 짚어보고자 한다. 각국의 보편적서비스에 관한 개요, 범위, 비용 산정, 손실보전 방법을 기본적으로 분석, 비교하고 최근 비용 산정에 있어 주요한 이슈로 부각되고 있는 무형편익 적용에 관한 각국의 입장과 방법론의 문제점을 살펴보고자 한다.

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Methodological Approach to Surveilance of Chemical Hazards in Worksite Environments (작업환경오염 화학물질의 유해성조사 방향연구)

  • 김오식
    • Journal of the Korean Society of Safety
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    • v.6 no.1
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    • pp.39-53
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    • 1991
  • Prior to being prepared the surveilance method and the surveilance system of chemical hazards, the employer's investigastion of the newly-registered-chemical hazards has been to be under obligation along with legislation of the Hazardous Chemicals Control Act and revision of the Industrial Safety & Health Act in 1990. In order to make up the chemical hazards examining plan and to frame the chemical hazards investigating system about the newly-registered chemicals and the existing hazardous chemicals in worksite environments, the KISCO's chemical hazards surveilance program is methodologically researched and presented.

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The regulation and tariff system for generation using renewable energies (신.재생에너지이용 발전전력의 규제방안과 요금시스템 구성방안)

  • Jo, In-Seung
    • Proceedings of the KIEE Conference
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    • 2004.11b
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    • pp.290-292
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    • 2004
  • Generally, there are two types of regulation strategies for encouraging renewable energies ; regulation by quantity and price. With examples of quantity regulation, there RPS (Renewable portfolio standard) system in United States America, Renewable obligation in England, and MRET system in Australia. Countries that chose the price regulation are Germany, Spain, France, Portugal. This Paper overviews the current trends of regulation system on policies for renewable energies in foreign countries on these days.

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A Study on Export Bond Insurance as a Security for Independent Bank Guarantee in International Transactions (국제거래에서 독립적 은행보증서에 대한 담보장치로서의 수출보증보험에 관한 연구)

  • Kim, Sang-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.39
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    • pp.59-85
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    • 2008
  • An independent bank guarantee(aka an independent guarantee) is provided as an security on a principal obligor's performance of his obligation, and a guarantor should pay the guaranteed amount only upon a beneficiary's written demand. A standby letter of credit has been used in the United States, since it was construed that a bank should not issue a guarantee. There was wide misunderstanding that a standby letter of credit differs from an independent bank guarantee. However, a standby letter of credit is the same security as an independent bank guarantee, and in international business a standby letter of credit is not differentiated from a independent bank guarantee. An independent bank guarantee are independent from the underlying contract, unconditional, and irrevocable. And a guarantor should pay upon written demand without proving a principal obligor breaches the underlying contract. These features of an independent bank guarantee has been abused in international transactions. Thus it has been proposed that some exceptions to the features of an independent bank guarantee should be allowed. United Nations Convention on Independent Guarantees and Standby Letter of Credit(1995) stipulates some exceptions to payment obligation. Export bond insurance, a part of export insurances, operated by the Korea Export Insurance Corporation under the Export Insurance Act, is used as a security for unfair calling by a beneficiary under an independent bank guarantee. Most of the export subsides by the government are prohibited under WTO's Agreement on Subsidies and Countervailing Measures. However, as export insurance is allowed under the WTO, it operates a significant role in enhancing the export. In the event that export bond insurance is provided for a guarantor, an obligor who is subject to recourse by a guarantor, can be exempt from the recourse in case of unfair calling. The Korea Export Insurance Corporation, an insurer, bears unfair calling risk by a beneficiary. Generally it is understood that a demand shall be made before the expiry of an independent bank guarantee. However this is not absolutely true, it shall be decided by URDG, ISP98, the governing law.

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A study of how to guarantee an income policy for old people in an aging society (고령화 사회의 노인 소득보장정책에 관한 연구)

  • Kim Jae-Wan
    • Management & Information Systems Review
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    • v.16
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    • pp.139-159
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    • 2005
  • In many countries the demographics clearly informs us that an aging population represent a serious problem. To this extent senior citizens welfare does matter it has developed into a public debate and genuine concern. it seems that the social issues are focused on how the socity views the social welfare policies. In a modern welfare state where the emphasis lies in pursing a high standard of living and thereby high quality of life. This does not cover the very well the old people in society, but the government clearly carries an obligation to look after and care for the retired & old people in the society. This obligation the social and economic impact that an old person faces as he/she grows old. it is important ensure that their lives carries a meaning and that they as a group will not be estranged from the mainstream of society just because they are considered to be part of the aging population. The key issues that must be addressed are 1) The impact of reduced spending power from less income. a lower income stream; 2) increasing health problems and costs; 3) the natural degradation of ones physical & mental powers; 4) and thereby an isolation from the public in general. So clearly the social policy related to the old people in society should be developed with the consent of what they believe is important to them. To ensure their minimum income level that a beneficiary of an old person's pension will receive, the monthly pension should be reflected by the official price index and be adjusted accordingly. by making the job market open for the senior citizens, expending the mandatory retirement age, give companiesincentives to hire senior citizens, there maybe an opportunity to extend to the aging population the possibility to continue to participate in the society at large.

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