• Proceedings of the KSR Conference
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• 2008.06a
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• pp.1479-1485
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• 2008

This paper shows the result of study on the detailed applicable procedure of software Escrow account applied for rolling stock. The customer as end-user requires software source code, related critical technical documents etc. about software based system of train for maintenance purpose through software modification and enhancement after completion of warranty period. Otherwise, it is not easy to keep up with the customer's requirement of demanding supplier's exclusive information because it is considered as intellectual property rights of supplier as software developer. Therefore, the main contractor(normally called as Car-builder) need to introduce software Escrow service in order to coordinate the different a standpoint between software developer and end-user. Software Escrow is a legal arrangement in which an software Escrow packages (software source code, software development tool, build process, proprietary information, copyright and etc.) is deposited into and Escrow account under the trust of a reliable third party (Escrow agent) depending on mutual agreement on Escrow contract condition as signing off Escrow agreement document. This paper deals with the study on the detailed procedure about the following general category of Escrow procedure and purpose to apply this specific procedure of Escrow into the future project onward.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.147-175
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• 2014

In contracts for the international sale of goods, a seller must deliver appropriate goods and hand over relevant documents according to a contract, which will transfer the ownership of the goods to a buyer. In this case, if there are defects in the contracted goods, the warranty liability will occur. However, in the United Nations Convention on Contracts for the International Sale of Goods (CISG), a term-the conformity of the goods to the contract-is used universally instead of the warranty. According to the CISG, a seller must deliver goods in conformance with the relevant contract in terms of quantity, quality, and specifications, and they must be contained in vessels or in packages according to the specifications in the contract. In addition, a certain set of requirements for conformity will be applied implicitly except when there is a separate agreement between parties. Further, the base period of conformity concerning the defects of goods is the point when the risk is transferred to the buyer. A seller shall be obliged to deliver goods that do not belong to a third party or subject to a claim then, and such obligations shall affect the right or claim of a third party to some extent based on intellectual property rights clauses. If the goods delivered by the seller lack conformity, or incur right infringement or claim of a third party, then it shall be regarded as a default item per the obligation of the seller. Thus, the buyer can exercise diverse means of relief as specified in Chapter 2, Section 3 (Article 45-Article 52) of the CISG. However, such means of relief have been utilized in various ways for individual cases as shown in judicial precedents made until now. Contracting parties shall thus keep in mind that it is best for them to make every contract airtight and they should implement each contract thoroughly and faithfully to cope with any possible occurrence of a commercial dispute.

• Journal of the Korean Institute of Landscape Architecture
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• v.40 no.4
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• pp.104-113
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• 2012

This study aimed to find out the improvement plan through analyzing the perception of the expert group engaged in landscape architectural construction and to focus on analyzing the expert groups' experience on Landscape Construction Defects (LCD), defect liability, warranty period, and implementation of the defect liability. The results are as follows: 1. Regarding the experience on the LCD, landscape construction contractors were an awareness of the LCD issue at a serious level, while public-sector clients recognize moderately the LCD issue; and on the first priority in defect implementation, landscape construction contractors considered repair cost while public-sector clients value the identifying causes of defects. 2. In disagreement on the defect liability, landscape construction contractors attributed it to client's lack of responsibility for maintenance while public-sector clients ascribed it to the absence of dealing a criteria with LCD, and regarding the appropriate defect implementation, public-sector clients preferred the following objective by dealing the criteria with LCD while landscape construction contractors advocates by sharing the responsibilities for dealing with LCD based on the identified causes of construction defects. 3. Regarding the warranty period, the public-sector clients considered the 2-year warranty period as appropriate while landscape construction contractors considered it comparatively long, and concerning the commencement of defect warranty period, the public-sector clients viewed it as it should commence to cover the overall completion of the construction while landscape construction contractors perceived it to start on the completion of each work. 4. As for the improvement of the defect implementation system, public-sector clients considered it necessary to establish the objective dealing the criteria with LCD while landscape construction contractors viewed the legislation of maintenance duty. Also, with regard to the important value in establishing and dealing the criteria with LCD, public-sector clients pointed out the objective of the criteria for determining the defects per work type while landscape construction contractors suggested client (user)'s maintenance duty. Because of research, because the system in dealing with LCD is an absence of LCD management agency and dealing the criteria with LCD, it is needed to establish an LCD management agency and make the system in dealing with LCD.

• Journal of Auto-vehicle Safety Association
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• v.4 no.2
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• pp.17-21
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• 2012

The periodic technical vehicle inspection is to prevent the accident through the finding and fixing the defects of the vehicle. The periodic technical vehicle inspection in Korea was studied for assessing the adequacy of the inspection frequency. The inspection frequencies of many countries including EU, USA and Japan were compared. The average mileages by the vehicle usage and type were represented. The warranty period and recommended replacement period of parts of the domestic auto makers was studied. Currently, the inspection frequency for the periodic technical vehicle inspection in Korea is appropriate. The pass-fail rate and the cost-benefit analysis for the periodic technical inspection in Korea will be needed in the decision making process for the inspection frequency.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.25-46
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• 2015

The purpose of this paper is to provide a legal implication about conformity of goods in the international commercial transactions. There are so many legal relationship after the formation of contract. The most of important thing among the obligations of seller is to provide conformal goods which are of quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. If seller violate above duties, seller take the warranty liability. However, CISG describe the conformity of the goods instead of the warranty as follows. First, CISG Art.35(1) states standards for determining whether goods delivered by the seller conform to the contract and Art.35(2) describes standards relating to the goods' quality, function and packaging that, while not mandatory, are presumed to be a part of sales contracts. Article 35(2) is comprised of four subparts. Two of the subparts (article 35(2) (a) and article 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. Second, CISG Art.36 and 38 deals with the time at which a lack of conformity in the goods must have arisen in order for the seller to be liable for it. If seller lack of conformity becomes apparent only after that time, seller is liable for a lack of conformity existing when risk passed to the buyer. Third, CISG Art.49 describe that a buyer who claims that delivered goods do not conform to the contract has an obligation to give the seller notice of the lack of conformity. The most of important things about CISG articles and precedents is that buyer is aware of the lack of conformity and notice it to seller. Failure to satisfy the notice requirements of article 39 eliminates a buyer's defence, based on a lack of conformity in delivered goods, to a seller's claim for payment of the price. Consequently, parties of contract had better agree to the notifying times about lack of conformity. Also, If seller fined the non-conformity, seller has to notify this circumstance to the buyer within short period or agreed time.

• Journal of the Korea Institute of Building Construction
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• v.5 no.3 s.17
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• pp.117-124
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• 2005

Quality management in construction industry becomes more significant under the existing conditions such as, increasing higher demand caused by the high value of real estate and extension of the warranty period. Therefore, this study presents the alternative idea related to the current quality management conditions of small and medium construction companies, including the difficulties and problems in qualify management, in order to develop the systematical method for the quality management in small and medium construction company.

• Proceedings of the Korea Concrete Institute Conference
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• 2009.05a
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• pp.551-552
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• 2009

These days in execution of building works are increasing possibility of defect occurrences. On this, construction safety policy has been enforcing prevention for fault construction. But argument in relation to defects is increasing every day, because regulations for defects are abstract and uncertain. Therefore we analyzed patterns and reasons of defect, researched into question for rational solution about defect responsibility and responsibility period of a warranty in argument.

• Journal of Korea Society of Industrial Information Systems
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• v.5 no.4
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• pp.39-46
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• 2000

New products often have in-service reliability problem despite an intensive development program. Therefore reliability data must be collected and analyzed, and improvements designed and implemented. A type of reliability incentive contract which has recently attracted a lot of attention is reliability improvement warranty(RIW). It has been employed by military, airlines, telecommunication systems, and public utilities. An RIW contract requires that the supplies carries out all repairs, modify the equipment to improve its reliability, and provides all spates needed, for a fixed period, for once-off fee. This paper presents the reliability growth analysis and management methods for in-service MC68 microprocessor, which is the main component of the base station controller in PCS(Personal Communication Service) telecommunication system. The methods will provide guidelines to monitor reliability program in planning RIW contract.

• Proceedings of the Korean Reliability Society Conference
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• 2002.06a
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• pp.273-273
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• 2002

In this paper, we investigate a software release policy with software reliability growth factor during the warranty period by assuming that the software reliability growth is assumed to occur after the testing phase with probability p and the software reliability growth is not assumed to occur after the testing phase with probability 1-p. The optimal release policy to minimize the expected total software cost is discussed. Numerical examples are shown to illustrate the results of the optimal policy. And we consider a Bayesian decision theoretic approach to determine an optimal software release policy. This approach enables us to update our uncertainty when determining optimal software release time, When the failure time is Weibull distribution with uncertain parameters, a bayesian approach is established. Finally, numerical examples are presented for illustrative propose.

• Journal of the Korean Operations Research and Management Science Society
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• v.18 no.2
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• pp.157-173
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• 1993

Reliability growth modeling can be a requirement when bidding on large military hardware systems. Under current reliability warranty legislature, the reliability growth model can be later translated into necessary reliability performance which must be demonstrated over an extended period of usage. In this paper the modeling situation is concerned with determining the number of spares needed to support a projected reliability growth both at the fightine and in a depot inventory. The model differs from existing models for logistics planning in that we allow for the phenomena of reliability growth. The model can also be used to determine central depot staffing requirements based upon a specified system utilization.