• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.3-26
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• 2007

This article attempts to describe and analyze discussions on the matter of ex tunc effect or a ex nunc effect of rescission under Korean law in comparison with those under the CISG). In addition, it tries to scrutinize the various rules on the right to damages as an effect of rescission in a comparative way. Furthermore, it compares the various rules of Korean law with the CISG as to the right to damages and evaluates them in light of the discipline of comparative law. It maintains that the liquidation theory in Korean law is more close to the CISG in that there is no ex tunc effect in rescission and in other aspects. It also argues that the construction of the effects of rescission in accordance with the liquidation theory is more plausible when one considers Korea is one of the contracting states of the CISG. In addition, the theoretical analysis and the comparative study with the CISG shows that the insistence of ex nunc effect and its interpretation on the scope of damages extends to damages for expectation interest. It is also submitted that the position under the CISG on the assumption of ex nnuc effect, is regretted in that the restitution in value of the goods in the event of impossibility of the physical restitution is not allowed in some cases which the damage claims can not be awarded for the seller due to the application of the CISG Art. 79.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.254-257
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• 2003

It is common to experience delays during construction projects. Delays can ca use substantial damages to an owner as well as contractors and is the sources of frequent disputes and claims. Many studies have been carried out to assess the causes of delays in construction projects. They are found to be almost similar, except some prevailed local condition. Most of the common construction delay factors are attributed to design faults, incompetent contractor, lack of team accountability etc. To minimize or eliminate the delay we have to follow the recognized fundamental principles of management such as: cost-time relationship, time priority, accountability, rewards, innovative thinking etc. The root causes of delays found out in this paper are not so much different than other previous study. If the implementing agencies properly followed the, fundamental management principles and some other related corrections as recommended in the paper, much construction delays can be avoided.

• Proceedings of the KSR Conference
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• 2003.10b
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• pp.176-181
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• 2003

Damages by vibration and noise due to the construction performance are increasing. The rise of construction demand and enlargement of equipments are major reasons of this damage. As a result, the enmity of the people is provoked and this appears to be an obstacle of construction work. Especially, in case of ground improvement construction. Casing pipe is inserted into the Sand Drain, Sand Compaction Pile and Vibrated Crushed-stone Pile by vibration power when carrying out. Hence, a pillar is formed and it creates vibration and noise. This causes a lot of restrictions to construction condition. The low Vibration and low noise construction equipments uses earth auger and hydrulic cylinder for insertion and chopping operation instead of vibro hammer, which is the source of vibration and noise. This minimize ground disturbanceand decrease vibration and noise successfully, but increase chopping effect greatly. Thus, this new equipment is not only suitable for environment but also excellent engineering method of construction.

• Journal of Korean Tunnelling and Underground Space Association
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• v.19 no.3
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• pp.489-501
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• 2017

The collapse accidents during a open ground excavation in urban areas not only lead to human injuries and material damages in the construction site, but also lead to road sinks and damages to the adjacent facilities due to settlement of ground around the construction site. Therefore, during a open ground excavation in the urban areas, it is necessary to thoroughly prepare for prevention of collapse accidents, and consider whole construction stage such as planning, design and construction. In this study, the priorities to be managed mainly were obtained in order to prevent collapse accidents during a open ground excavation. After analyzing results from past accidents cases for open ground excavations, priorities were evaluated regarding collapse-inducing elements using the Delphi technique which is a decision-making method by consensus among experts. As a result, insufficient groundwater treatment, bad geotechnical investigation and instability on construction, etc. were obtained as priorities for prevention of collapse accidents.

• Proceedings of the Korean Geotechical Society Conference
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• 2003.03a
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• pp.77-84
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• 2003

Deep excavations in the urban areas have been frequently going on in large scale. Soil-nailing and Earth-anchor supporting methods are generally used in deep excavation. These construction methods cause ground disturbances during drilling process, and damages of adjacent structures and ground due to the differential settlement throughout construction period, and unexpected behaviors of supporting system according to the characteristics of drilling machine and ground condition. This article introduces two actual examples of adjacent deep excavation for the construction of university buildings in granitic Seoul area. The important results of construction and measurements obtained using Crawler drilling machine for Soil-nailing and Earth-anchor supporting methods are summarized. And some suggestions are given to improve and develop the technique of design and construction in the deep excavation projects having similar ground condition and supporting method.

• Proceedings of the Korean Geotechical Society Conference
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• 1994.09a
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• pp.158-168
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• 1994

This report describes aspects of recent braced excavation constructed in built up areas where adjacent buildings or underground utilities are likely to be subjected to settlement and damages. Trends and choice of earth retaining structures for deep excavation are present, and some desigen and construction techniques are introduced in order to minimise possible adverse effects to the urban environment. Some problems in design and construction of braced excavation in urban area are closely examined and remedial measrures are proposed.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2016.10a
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• pp.85-86
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• 2016

Recently damages caused by the additional costs and degradation in durability combined deterioration due to plain concrete deterioration has occurred. In particular, in the case of the finish that is not exposed to the outside air in the concrete to respond to the harsh environment (freeze-thawing, calcium laying, etc.), to establish a quality control way for the process and the concrete mix design for it.

• Proceedings of the KSR Conference
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• 2005.11a
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• pp.1149-1152
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• 2005

Recently, tunnel structure is being widely used in railway or roadway construction projects because earthwork causes large cutting and damages in environmental factors. However, there are many changes of design by different items comparing with design phase in tunnel structure by uncertain drawings. This study develops a standard process for the change of design to reduce change orders in construction phase.

• International conference on construction engineering and project management
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• 2020.12a
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• pp.417-422
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• 2020

Vast quantities of environmental pollutants from construction projects are causing significant damage to nearby local communities and thus generate environmental complaints. The construction company, responsible for compensating and resolving environmental complaints, suffers economic damages due to additional expenditures and schedule delays in construction projects. Meanwhile, the construction industry can stagnate from a broader perspective. Therefore, this study aimed to propose a framework for developing an automated management system which consists of two models for environmental complaints in construction projects: (i) the prediction model: a model for predicting environmental complaints based on factors related to environmental complaints; and (ii) the prevention model: a model for providing construction companies with the optimal prevention measure to effectively prevent environmental complaints according to the results of the prediction model. In addition, the algorithm for integrating the developed models into the management system in construction projects was proposed. Eventually, the application of the management system to construction projects can ensure the profitability of construction companies and mitigate damage from environmental pollutants to the nearby local community.

• Journal of the Korean Society of Safety
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• v.30 no.6
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• pp.85-93
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• 2015

Construction sites have various risks, and safety managements are enforced based on the law such as Industrial Safety and Health Act, etc. Safety management by the law saves lives and preserves health of workers by removing and understanding risks in advance. When the emergency situation has come, poor response causes loss of lives and physical damages. This study suggests basic strategy that can mitigate the industrial disaster in all construction sites. A survey was conducted to identify the current safety consciousness and to evaluate first aid ability of coworkers. Finally, four measures were suggested: (1) designating muster points; (2) hiring occupational health managers; (3) increasing the first aid ability of coworkers; and (4) carrying safety brochure. The proposed suggestions can be helpful in mitigating the construction disaster, and in responding the major accident efficiently within a short time.