• Proceedings of the KSR Conference
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• 2011.05a
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• pp.167-172
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• 2011

Generally, the analysis of railroad wear data is most effective method for the efficient railway maintenance. The wear of railway track affects loss of rough ride, noise or vibration of train and traveling safety. Moreover as the track is worn away, this promotes destruction of structural mechanism of rail track which can bring about increasing of rail track maintenance cost drastically. For this reason, it is very important and interested research subject to design railway track structure and to analyse train movement mechanism based on systematic analysis of the reasons causing rail wear possible in real field. In this research, for the efficient maintenance, Life Cycle Performance of rail track and maintenance characteristics are computed considering some track components such as track type, contracting type, sleeper type and roadbed type. Time - Wear probabilistic distribution relationship as well as multiple regression analysis based on time, curvature and wear data are computed to predict the service life remainder of railway track and to be adapted to safety assessment.

• Journal of Construction Engineering and Project Management
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• v.4 no.1
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• pp.37-44
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• 2014

Comparatively, the construction industry has, on average, a higher rate of fatal and major injuries, work induced ill-health and damage to properties than other industrial sectors; and this is a source of concern to industry stakeholders. The study showed that although subcontracting could be contributory to an increase in workplace accidents in the construction industry, contractual aspects of subcontracting arrangements (such as the power imbalance that exist along the client-customer interface) also present opportunities for improvements in health and safety management (HSM) practices in organisations. This conclusion was reached after an analysis of a questionnaire survey (with a 27% response rate) that assessed the attitudes and perception to health and safety issues.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.55-78
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• 2011

This paper has derived some problems relating to the use of letters of intent which are common occurrence in the international contracts after considering its nature and legal issues. As reviewed before, some problems may occur when a party has documented a stage in the negotiations by letters of intent. Such documents may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the documents are silent, some problems would arise. Contracting parties are therefore well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, for example, by diminishing the value of performance under the contemplated contract.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2008.05a
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• pp.153-157
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• 2008

The construction market has gradually become complexity, variety and specialization, and then owner's requirements about quality has become various. In order to solve the problem such as stated above, advanced constructions in United Kingdom, Japan and United States have introduced warranty contract which is warranted to quality and performance for need of owner in determined term to ensure the quality of construction since 1960s. However, the interior of a country encounter another problem result from defects liability what indefiniteness of defects standard, excess responsibility period, social recognition of be identical fraudulent work and defects, and contract with ascendancy of owners. etc, so builders concerned more excess defects liability than the quality of construction. The purpose of this study is to analysis of warranty contract in order to solve the problem such as stated above.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.3-31
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• 2010

The passing of property in goods affects contractual rights and duties. It is the point on which depend issues as diverse as the seller's entitlement to sue for the price and the incidence of risk of loss of casualty to the goods. The passing of property may also have an incidental effect on the remedies of the parties, including specific performance. But Incoterms do not deal with how the goods should reach the agreed point of delivery. While Incoterms specifically deal with questions of division of risk of loss of or damage to the goods between seller and buyer, they do not deal with property or transfer of title of the goods. Indeed, it was not even possible to agree on uniform rules on these questions in the CISG. Therefore, the parties to a contract of sale should provide for these matters themselves in the contract of sale and closely observe what the applicable law requires for the transfer of ownership to the goods and other property rights.

• International conference on construction engineering and project management
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• 2007.03a
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• pp.169-178
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• 2007

This paper has investigated the cultural practices influencing business performance and integrity in selected Malaysian contractors and has discussed culture related issues to improve the management of cultural capitals in the Malaysian construction industry. Issues of current enterprise culture and applicable cultural practices, leadership styles, enterprise axiology and integrity, cultural practices and loyalty, and identification of organizational culture are discussed during the semi-structured interviews and questionnaire survey. Conclusions has been drawn that the people oriented and task oriented management style have a similar quantity of supporters in Malaysian contractors. The integrity and profit are respectively identified as the enterprise axiology in the ethical and economic perspective. The monkey culture is considered as the most applicable type for the cultural practice and the current enterprise cultures applied in the Malaysian contractors are mostly positive to both the organizations and society.

• International conference on construction engineering and project management
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• 2005.10a
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• pp.892-896
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• 2005

This paper collected 132 schools reconstruction projects in central Taiwan, which received the most serious damage from the Chi-Chi Earthquake. Regression analysis was implemented to build the prediction model of the cost and the duration for the collected projects. It is found that the cubic regression models are capable for predicting the cost and the duration of the projects contracted by the central agency of which the contracting awarding approach was based on the most advantageous tendering (MAT) approach. On the other hand, power regression models are capable for predicting the cost and the duration of the projects contracted through the low bid tendering (LBT) approach. It is also found that the performance of the regression prediction model differs in accordance with organizations that contracted the reconstruction projects.

• Journal of Korean Academy of Nursing
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• v.21 no.1
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• pp.63-78
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• 1991

The purpose of this study was to test the effects of health contract on the performance level for activity of daily living(ADL) in the hemiplegic patients. A quasi - experimental research for health contract, which was approved as an effective method of nursing intervention, was attempted to increase the performance of the hemiplegic patients' ADL. As a purpose sample, 69 hemiplegic patients hospitalized at Oriental medicine hospital of K university were taken and devided into the experimental group and the control group by means of random assignment. After Contracting with the experimental group, they were reinforced everyday for 20 minutes. The experimental group and the control group were observed and interviewed for five times at the in terval of 3~4 days by the trained nurses for this research. The data Collected through above mentioned methods were compute analyzed by t-test and ANOVA according to the purpose of this study. The data collected through above mentioned methods were computer analyzed by t-test and ANOVA according to the purposre of this study. strate increased the performance level for ADL than the Control group” was supported(t＝2.96, df＝52.76, p＝ .004). Sub Hypothesis 1,2,4,5 : “The hypothesis that the experimental group with health contract will demonstrate increased the performance level for eating(t＝2.29, df＝42.70, p＝ .027), personal hygiene and grooming (t＝4.04, df＝43.10, p＝ .000), dressing(t＝3.32, df＝67, p＝ .001) and undressing (t＝3.47, df＝48.44, p＝ .001) than the control group” was supported. Sub Hypothesis 3.6 : “The hypothesis that the experimental group with health contract will demonstrate increased the performance level for toiletting(t＝ .19, df＝67, p＝ .849) and mobilization (t＝ .30, df＝67, p＝ .765) than the control group” was not supported. The conclusion can be that the positive relationship between the nurse and the patient results in the desired performance level for ADL in the hemiplegic patients.

• Journal of the Korea Institute of Building Construction
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• v.18 no.2
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• pp.195-202
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• 2018

The defects that are bound to arise in most construction projects cause disputes among the contracting parties regarding the defect warranty liability (DWL)guaranteed by the retention of the contractor's performance security at the end of the performance period of the contract. Most current projects involve a multiple-tier contractual relationship, causing the liability for some defects to overlap. In addition, many construction projects are made up of multiple detailed work types which an expert hired by the owner inspects the part completed by the contractor and pays an interim payment. However, after the completion of work, the contractor will still hold the defect warranty liability. In a scenario in which the work is delayed due to reasons for which the owner is responsible, the defect warranty liability period is also increased, imposing an additional burden on the contractor. In this study, basic research was carried out with the goal of reducing problems related to defect warranty liability Problems related to defect warranty liability cases and the nature of the defect warranty liability period were investigated. Possible solutions to the problems caused by the DWL that were suggested include the separation of the negligence liability period and the strict liability period, as well as the introduction of a retention money system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.57-84
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• 2009

This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.