• 국제학술발표논문집
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• The 2th International Conference on Construction Engineering and Project Management
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• pp.160-168
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• 2007

Conflicts of interest and independent agenda of the parties brought together for implementation of a construction project often leads to dispute in Contract and claim situations. Construction Industry is notorious for claim that is managed on its arising and there lacks an endeavor to minimize the breeding grounds through efficient planning and alignment to purpose, of all contract-documents. There failure of a concerted effort entails wastage of resources, delayed completion of facilities and stained relationships of parties when collide in mistrust in contract to win over the other. There needs a focus on the claim breeding issue and establish an effective mechanism to deal with disputes in urgency. Claim occurs mostly during the construction phase. But the seeds of claim and nutrients essential for development are contained in the contract documentation and the information supplied or not in pre-contract phase. Opportunity to prevent nutrients for seed of Claim comes to an end once tender-documents are finalized, the contract is awarded and established or not a mechanism for dealing with claim situation. The processes presented here would help in minimizing the breeding grounds and emergence of disputes during progression of works and dealing with eventualities in forceful manners for finding a resolution most effectively in relevant time.

• 한국중재학회지:중재연구
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• 제14권1호
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• pp.157-184
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• 2004

Dispute plays a key role in maintaining the desirable trading performance. There are many problems such as problems of enforcement of arbitral award and the uncertainty of legal system in PRC. Therefore, the Korean trading companies with Chinese companies should be more concerned with mediation. It's because mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies. This article investigates some differences of mediation between ROK and PRC, and suggests the following ways to resolve dispute. First, the Korean companies should utilize the mediation in small claim but arbitration in big claim. Second, Write a contract and insert mediation clause in BCC or the standard arbitration clause in KCAB. Third, the companies should be more concerned with prevention of dispute than dispute resolution. In conclusion, to expand mediation system into an effective dispute resolution system, The Korean Dispute Resolution Center should be established.

• 한국치위생학회지
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• 제11권2호
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• pp.275-289
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• 2011

Objectives : The recognition rate for issues and improving resolution for the recuperation income expense claim policy was examined. Methods : 1,135 copies of survey have been sent to the group of people who have claimed the dental recuperation income expense to dental recuperation institutions in Daejeon, Chungcheong Do that are registered to the health insurance evaluation and estimation office as of the May 2010 and 207 surveys that were regarded to be sincere for answering were analyzed. Results : Majority of respondence were belonged to the dentist institutions with more than 5 years of claim experiences as well as 10~50% of claim rate. The recognition of medical fee evaluation guideline was normal level, and negative recognition was higher to the health center with daily charge policy compare to the dental hospital and university affiliated dental center with treatment charge policy, Highest opinion for inappropriateness of dentist with significance was found (p<0.05). The openness of evaluation cases are regarded to be discharged through the transparent evaluation and most of the opinions for insurance claim evaluation adjustment are within the both 'Do not understand the evaluation guideline and program error of disease category, code and program' with significance(p<0.05). The reaction after the evaluation adjustment was high in reflection on the claim process after examining the reason for the evaluation adjustment through the evaluation and estimation office and university affiliated dental institution and dental center was regarded to be most active and deputy reclaimment was seemed to be most actively discharge the objection registration task (p<0.05). The claim error improving resolution recognition was highly prioritized to the accurate charting for the disease title and treatment description, improving the setting of claim program, and most highly recognized by the university affiliated dental hospital/dental center and comparably low by health center(p<0.05). and although the most of the responds of treatment description and browsing the medical fee was positive, 50% of dentists disagreed the idea so that this was creating a significant discrepancy with other groups(p<0.05). Conclusions : From this research, the recognition of medical fee evaluation guideline for dental (university) hospital and dentists were negative and high adjustment experience was examined as lacking of evaluation guideline understanding and error of disease name, code and programs and deputy reclaimment, university affiliated dental hospital/dental center were most actively handle the objection registration tasks and dentists have objection on the treatment description and browsing the treatment fee so that if these indexes can be referred to implement into the recuperation income claim process, this can be regarded to be a opportunity to create mutual credibility between recuperation institution, treatment pensioner and the evaluation institutions.

• 통상정보연구
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• 제14권3호
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• pp.49-73
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• 2012

2000년 이후 한-인도간 교역규모가 증대함에 따라, 양국간 분쟁 또한 증가가 예상된다. 국내기업이 인도기업과 분쟁을 효율적이면서 효과적으로 해결하기 위하여는 인도의 대체적 분쟁해결방법(Alternative Dispute Resolution; ADR)에 대한 이해가 중요하다. 인도의 대체적 분쟁해결제도의 특징으로는 첫째, 협상, 조정(conciliation, mediation, Lok Adalat) 및 중재에 의한 해결방법이 주요 ADR제도이고, 둘째, 인도는 중재 조정법에 의하여 조정(conciliation)에 관한 별도의 규정을 마련하여 강제력을 부여하고 있으며, 셋째, 조정제도는 크게 conciliation, mediation 및 Lok Adalat로 구분할 수 있다. 한국기업들이 인도기업과 분쟁을 해결하는 방법을 다음과 같이 제언하고자 한다. 첫째, 향후 인도기업과 투자나 거래를 하고자 하는 한국기업들은 ADR제도를 활용하여 분쟁을 해결하여야 하며, 둘째, 이를 위해 인도의 각 ADR제도에 대한 지식을 사전에 습득하고 각 분쟁 상황에 맞는 유용한 ADR방법을 선택하여야 한다. 셋째, 협상력을 강화하여야 하며, 넷째, 인도의 공공분야에 직접투자를 할 경우에는 Lok Adalat 제도를 숙지하여 이에 대하여 적극적으로 대처하여야 하며, 마지막으로 분쟁이 발생한 경우 해결방법을 찾는 것보다 분쟁을 예방하는 것이 중요하다 하겠다.

• 국제학술발표논문집
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• The 4th International Conference on Construction Engineering and Project Management Organized by the University of New South Wales
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• pp.526-533
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• 2011

Contracting is said to be a high-risk business, and a common cause of business failure is related to cash management. A contractor's financial viability depends heavily on how actual payments from an owner deviate from those defined in the contract. The paper presents a method for contractors to evaluate the punctuality and fullness of owner payments based on historical behaviour. It does this by classifying owners according to their late and incomplete payment practices. A payment profile of an owner, in the form of aging claims submitted by the contractor, is used as a basis for the method's development. Regression trees are constructed based on three predictor variables, namely, the average time to payment following a claim, the total amount ending up being paid within a certain period and the level of variability in claim response times. The Tree package in the publicly available R program is used for building the trees. The analysis is particularly useful for contractors at the pre-tendering stage, when contractors predict the likely payment scenario in an upcoming project. Based on the method, the contractor can decide whether to tender or not tender, or adjust its financial preparations accordingly. The paper is a contribution in risk management applied to claim and dispute resolution practice. It is argued that by contractors having a better understanding of owner payment behaviour, fewer disputes and contractor business failures will occur.

• 한국언어정보학회지:언어와정보
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• 제4권1호
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• pp.67-82
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• 2000

The purpose of the paper is twofold. First, we revise the well-known Centering Theory of anaphora resolution and propose the controlled Information Packaging Theory (for short, CIPT). Second, we suggest a solution to the resolution of the antecedents of pronouns within the framework of CIPT. For this purpose, we select a dialogue of hotel reservation as a domain-restricted discourse, and discourse, and discuss the characteristics of the distribution of pronouns. We suggest that we need to palce the Slot-Link element on the top of the forward centering list. We claim that we need to establish a constraint on conceptual compatibility. As for the pronouns in the global dialogue, we propose a constraint of discourse command.

• 통상정보연구
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• 제8권1호
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• pp.87-104
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• 2006

We are in an era of global business called one world market. These environments require Korean firms to face an unlimited competition and to resolve their dispute by ADR. Few study, however, on the ways of dispute settlement under the changed international business environment has been done. Thus the major purposes of this study are to investigate Busan's trading companies' preference on the dispute resolution ways. Based on the results of my study, I suggest Busan's trading companies the following guidelines. First, Busan's trading companies should improve their negotiating power by using internet trade and problem solving ability through the establishment of claim information system. Second, They should write contract. Lastly, they should investigate their counterparty's credit.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.425-457
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• 2004

This study is to approach e-Trade issues and how to settle the dispute for e-Trade according to on-line Alternative Dispute Resolution (ADR) process. Most on-line systems operate on a limited access basis. The increasing use of the internet to do business brings to light at least important concerns to persons who engage in commerce on-line, or e-Trade. There is some concern about the limits of current internet technology to guarantee the security of e-Trade. The new technology has transformed society and is defining new years of doing business. This revolution in technology has even changed the nature of many of the goods and services that are the subjects of e-Trade. There is also concern about the limits of the legal framework to guarantee the enforcement of e-Trade. A significant issue is how the law should be adapted to reflect business practices regarding such cyberspace agreements as Web site click-on agreements, e-data interchange, and on-line sales. The principal benefits of on-line ADR should typically be faster and less expensive than traditional conciliation arbitration. The on-line ADR system has the several significances, decreasing inappropriate cost as time and burden of ADR, providing an approachable measure of relief and more efficient tool for the settle of dispute. Therefore, on-line ADR could be used as an adjunct resolution process in large class actions where each single claim is small, but varies somewhat, thus requiring some individual fact determination.

• 국제학술발표논문집
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• The 9th International Conference on Construction Engineering and Project Management
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• pp.551-562
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• 2022

The building production system has been analysed by the dichotomy "employer-contractor" relationship, which failed to take into account of the role and function of multiple stakeholders within the life-cycle supply chain. This is further observed in the current conflict resolution model, which, in my argument, struggles to contribute to industrialize the building production and achieve better efficiency and effectiveness as expected. The purpose of this paper is to critically assess the issues of current programme-based conflict resolution model, and discuss alternative models how they can be modelled and applied to the construction projects. The conclusions of findings are; First, the current model is framed around the contracts and dispute resolutions based on the legal concept of "claimant and respondent" where one party(s) advances a claim once and the other(s) objects, as such it fails to reflect the nature of construction projects where multiple stakeholders are involved concurrently and for a long period of life-cycle of buildings. Second, an alternative is "Six-stakeholders model" which represents the multiple stakeholders and clarifies the flow of obligation-liability-monetary relationships among participants for a long period of life-cycle of buildings. Further, with reference to both historical and recent cases, a reflection and insight into pros and cons of programming method is added, especially as to why this method is considered to have become a mandate of the modern construction management, and how academics and practitioners should deal with it more cautiously and prudently.

• 대한토목학회논문집
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• 제26권1D호
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• pp.115-123
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• 2006

최근 국내 건설계약 문화가 선진화 되어가고 클레임 발생 건수가 증가함에 따라 클레임 관리의 중요성이 부각되고 있다. 선진 외국의 경우 분쟁 예방 및 건설 분쟁에 따른 문제점을 최소화하기 위한 클레임 관리 기법의 개발 및 클레임 자료의 데이터베이스화 방안에 관한 연구가 지속적으로 이루어져 왔으나, 국내의 경우 최근 클레임 발생 건수의 급속한 증가 추세에도 불구하고 이에 대한 연구는 매우 미흡한 실정이다. 본 연구의 목적은 클레임 판례/사례, 유권해석 및 법률조항의 분석을 통해 규명된 원인요소를 중심으로 클레임의 예방과 해결을 위한 분류체계 및 알고리즘을 개발하고, 웹 및 데이터베이스 기술을 활용하여 건설 프로젝트 참여 주체들이 자신의 클레임 사안들을 보다 쉽게 분석하고 예방과 해결을 위한 의사결정을 지원할 수 있도록 하는 전산화 시스템을 개발하는 것이다. 개발 시스템의 활용을 통해 건설 프로젝트 참여 주체는 클레임 판례/사례, 유권해석, 법률조항, 책임관계 및 타당성 등을 체계적으로 분석하여 예측 가능한 클레임을 사전에 대비하고 발생된 클레임 사안에 효과적으로 대처하여 클레임 처리 업무의 효율성을 향상시킬 수 있을 것으로 기대된다.