• 국제학술발표논문집
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• The 3th International Conference on Construction Engineering and Project Management
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• pp.144-152
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• 2009

Construction contracts involve the allocation or distribution of the risks inherent to a construction project between or among contracting parties. However, it has been a common practice that only one party drafts the contract due to practical reasons and particular policies of various organizations. Interviews were conducted on some local contractors to gain their meaningful insights and standpoints on the allocation of each risk. These results were compared with the actual risk allocation using the Philippine government standard contract and risk principles from the literature to determine if their considered opinions provide a plausible alternative. A sample application of this evaluation is presented for construction-related risks and risk allocation recommendations are provided in the end.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2007년도 춘계학술논문 발표대회
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• pp.89-92
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• 2007

Since 1960s, advanced constructions have introduced warranty contract which is warranted to quality and performance for need of owner in determined term to ensure the quality of construction. 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.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2021년도 봄 학술논문 발표대회
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• pp.155-156
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• 2021

Most of the construction works in domestic are not direct undertaking work, but by a contract method including subcontracting. Therefore, a general contractor for each project jointly carry out construction work with a specialty contractor for each engineering type. However, in terms of contract, this method is not a joint venture contract, but a subcontract. Accordingly, this system can cause various problems between the prime contractor and the subcontractor. Therefore, this study aims to extract and present the actual obstacle factors in terms of specialty contract company performing specialty construction work for construction project. The presented contents are expected to present the standard for the cooperation system that the prime contractor and the subcontractor can win-win.

• 한국IT서비스학회지
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• 제16권2호
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• pp.45-60
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• 2017

The study suggests a contract model of application operation through case study of A bank's IT outsourcing application contract based on workload. The IT outsourcing order form has a problem in that the scope of work is ambiguous due to the integration of operation and maintenance. In this study, application operation and maintenance were separated by referring to application operation history provided in ISO/IEC15504-5 standard. The scope of the IT outsourcing service was clarified by organizing the definition and detail activities of the application operation business. Application operation contract method has generally applied estimation method by the number of input manpower and period by agreement between buyer and client. As there is no activity to calculate the number of input manpower based on the operational work history and based on the standard workload per activity. In this case is not guaranteed due to the simple agreement between the contractors. In this paper, we propose an application operating cost estimation model that measures the size of the operating software using function point analysis that is the basis of application operation tasks. In order to verify the validity of the application operation cost model, we verified the correlation between the application size and the labor cost through regression analysis using SPSS.

• 한국실내디자인학회논문집
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• 제22권1호
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• pp.211-221
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• 2013

As the result of investigating domestic interior design (interior architecture) field-related laws, it was found that interior design (interior architecture) is not recognized as in independent area due to weak classification standards by Korean standard industrial classification and job classification. Korean standard industrial classification is applied as a standard setting limits to applicable targets and industrial fields for laws related to general administration and industrial policy other than various statistic purposes. Also, the standard industrial classifications regarding the industry field determines the laws or applicable tax rates, government support and such according to the classification, and thus is very important. Moreover, interior architecture field is largely different from general architecture due to specialization and distinct characteristics, but due to the comprehensive concept of architecture industry regulations, it is considered the proper assessment for the professionalism is not conducted. Also, interior architecture field has irrational contradictions that is not independent with a clear definition and industry field classification not only in legal system and trade customs. Therefore, The following is proposed as the plan to strengthen the domestic/international competitiveness and system improvements for interior architecture. (1)interior design (interior architecture) must be amended as an industrial classification that can coexist with architecture. (2)interior design (interior architecture) must be amended as a job classification that can coexist with architecture. (3)Among the design tasks of an architect, approval for the design task field of interior architecture field must be legislated. -In architect design standard contract (the existing architecture design task scope and quality standard table) of a structure, among the tasks by request of the owner, (1)interior design tasks shall be legislated. It should be legislated so that interior design (interior architecture) majors can be included as well. (4)The task field of interior design that coexists with design must be amended. (5)National contract law - among contract method by negotiation, specialty item must be vitalized.

• 무역상무연구
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• 제69권
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• pp.85-105
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• 2016

The fact that one of the parties to the sale contract has had to pay demurrage to the shipowner under LD clauses in the charterparty does not of itself mean that he can recover that loss from his sale counter party under the sale contract: the route to such recovery is through express clauses in the sale contract itself. LD clauses in a sale contract stand free and independent of their counterparts in the relevant charterparty. LD clauses in a sale contract should be construed and applied as clauses in sale contracts, not as adjuncts to charterparties. Their interpretation should therefore be coloured not by decisions on laytime and demurrage in charterparties, but by their relationship to the contractual duties of CIF and FOB sellers and buyers. The results discussed here have implications for the drafting of LD clauses in sale contracts. If unwelcome surprises are to be avoided, it seems to advisable to start from the principle: what exactly do traders want or need in LD clauses. They need a clause which covers them against charterparty losses where those losses are the result of dealy caused by the counterparty to the sale contract. The parties to the sale contracts are well advised to prepare LD clauses concentrating on that purpose and bearing in mind the followiing questions. First, should the loading and discharge code in the sale contract appear in traders' or trade associations' standard terms and conditions or should they be left to ad hoc negotiation in contract sheets? Second, should that code be as complete as possible, covering loading or discharge periods or rates, demurrage and despatch, or is it enough for only some of those matters to be covered explicitly, leaving other matters to be governed" as per charterparty"? Third, does the introduction or incorporation of a stipulation for the giving of a notice of readiness make the start of laytime more or less predictable as between seller and buyer? Finally should a loading and discharge code in a sale contract actully be called a "laytime and demmurrage clauses"?

• 통상정보연구
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• 제14권3호
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• pp.281-306
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• 2012

글로벌 경쟁에서 화주기업은 자사의 물류 관련 투자를 줄이고, 핵심역량 집중을 통하여 고객 서비스 향상은 물론 자사 경쟁력을 높이기 수 있는 기대를 하게 되고, 물류기업은 화주기업의 만족과 성과 향상을 위하여 차별화된 물류 서비스 제공을 하기 위해 물류아웃소싱을 하여 물류서비스를 개선하려는 기업들이 점점 증가하고 있다. 하지만 거래의 불확실과 변화를 대비하기 위한 물류계약에 대한 불공평한 인식이 존재하고 있다. 따라서 본 연구는 연구자의 선행연구에서 도출된 물류성과에 영향을 미치는 물류계약 조항에 대해 물류기업과 화주기업을 대상으로 동일한 설문을 구성하여 현재 물류계약서에 반영되고 있는 수준과 향후 반영되어지길 원하는 수준을 조사하였다. 두 개의 집단의 차이를 확인하기 위해 가설을 세우고, t-test와 IPA (Importance-Performance Analysis)를 실시하였으며, 연구결과 첫째, 현재수준의 물류계약서에 대하여 물류기업과 화주기업 간에는 인식의 차이가 확연하게 나타났으며, 둘째, 향후 물류계약서 요구수준 역시 물류 기업과 화주기업 간의 인식차이가 있음이 밝혀졌다. 그리고 물류기업의 현재수준과 요구수준 및 화주기업의 현재수준과 요구수준에 있어서도 차이를 보였으며, 본 연구의 결과는 물류기업과 화주기업의 물류계약서 조항의 인식에 대한 차이를 명확하게 제시하고 당사자 간 물류성과 향상을 위한 유용한 정보가 될 것이라고 사료된다.

• 무역상무연구
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• 제25권
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• pp.3-40
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• 2005

Many Korean construction companies have been performing a variety of overseas construction projects since the 1970s. It is unfortunate that in many cases they have had to suffer big losses caused by errors and defects in the design and construction of the projects. In the author's opinion, however, there were losses that could have been avoided if they had understood better the feature and content of the particular construction contract. Few lawyers and scholars in Korea have been interested in the research and study of international construction contracts. This is mainly because they do not have access to practical sources outside of Korea for them to research and study since the contracts undertaken have been dealt with by law firms in other jurisdictions to which the disputes apply. This article is aiming primarily at the introduction of the issues which the practitioners are likely to confront in the process of reviewing and performing the international construction contract. In some cases solutions are sought about these issues based upon the FIDIC standard terms and conditions, the actual experience of practice, and UNIDROIT Principles, etc. It is reasonable to say that all the issues related to the international construction contract cannot be covered in a short article like this. The author wishes this article could induce subsequent studies on international construction contracts for further research. It has to be noted that from time to time Korean construction practices have been compared to the international ones for better understanding. This article mostly includes cases where the Korean construction companies go overseas for their projects, while there are some cases where foreign developers and financial investors participated in domestic projects in which international construction contracts forms were adopted. A few precedent domestic writings about international construction contracts seems to lack emphasis on the points that there are several standard construction contract forms and that they are different. The differences are mainly in accordance with who bears the design responsibility, how the owner has to make progress payments to the contractor and who the funding source for the project is. This article tries to make it clear that there are significant differences between the standard contract forms, e.g. a simple construction form, a design-build form and an EPC/turnkey form of contract. Again, the author hopes that this article can arouse the interest in the international construction contracts from both academic and practical fields, so that many subsequent advanced articles can help our construction industry become much more competitive in the world through awareness of the methods of procurement and administration of the contracts.

• 한국건설관리학회논문집
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• 제17권4호
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• pp.95-102
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• 2016

공기연장에 따른 간접비 산정에 관한 연구가 최근 정량적인 부분에 집중되어 제시되고 있으며, 최근 제도개선에 관한 연구가 계속적으로 이루어지고 있다. 국내 공공 공사의 경우 발주자가 국가인 경우에는 국가계약법을, 지방자치단체인 경우에는 지방계약법을 적용받게 되는데 이러한 산정기준의 문제점에 대해 명확하게 개선방안의 요구가 있음에도 개선방안이 제시되고 있지 않아 개별 문제점에 대한 면밀한 연구가 필요한 실정이다. 본 연구는 이러한 배경에서 '국가계약법'에 따른 산정기준과 '지방계약법'에 따른 산정기준의 각 산정결과를 비교하고, 문제점을 고찰 후 현장사례를 분석하여 적정한 기준을 제시하였다. 각 규정을 고찰한 결과 기타경비 산정방식이 다르게 규정되어 있었으며 이에 따라 실제 비용이 적게는 12.37%부터 24.95%까지 차이가 발생하고 있다는 결과를 얻을 수 있었다. 이러한 문제점은 실비가 아닌 계약당시 요율을 그대로 기타경비요율로 적용하는 국가계약법에 따른산정방식의 문제점에 따른 것이며, 이에 따라 실제 비용보다 적은 공기연장 비용이 산정되는 것으로 나타났다. 이에 본 연구는 현장자료를 기반으로 적정한 기타경비 산정요율을 총공사비 대비 1일당 기타경비 요율과 간접비 대비 요율방식으로 제시하였다.

• 무역상무연구
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• 제33권
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• pp.221-243
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• 2007

A party to a contract is bound to perform its contractual duties. But outside events may make performance impossible, physically or legally. In such a situation a party may wish to plead "force majeure" as an excuse for failure to perform. The laws of most countries have provisions which dealt with force majeure. These provisions, however, vary from country to country and may not meet the parties' requirement in international contracts. Therefore, parties to international contracts are frequently in need of contract clauses on force majeure. There are many force majeure clauses in standard forms or individually negotiated. The ICC has drawn up provisions which aim at providing assistance for parties when they are making contracts. The force majeure clause grants relief from contractual sanctions and includes provisions for suspension and termination of contract. The purpose of this study is to examine "ICC Force Majeure Clause 2003" in the international sales contract. For this purpose, firstly this study deals with the major contents of the ICC Force Majeure Clause 1985 and 2003. Secondly this study considers the related provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. Thirdly this study compares ICC Force Majeure Clause 2003 with the relative provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. It should be noted that the parties often need to adapt the content of this clause so as to take account of the particular circumstances of the individual contract. This paper contributes to help the parties to a contract to draft the meaningful "Force Majeure Clause" containing more precise and elaborate provisions.