• KSCE Journal of Civil and Environmental Engineering Research
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• v.31 no.6D
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• pp.793-801
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• 2011

Existing specifications of road pavement require contractors to meet only materials and construction conditions regardless of pavement life. There are limitation of developing road pavement technology and possibility causing dispute between ordering organization and contractor with this type of specification. Research efforts to introduce performance warranty contracting are in progress in the field of road pavement to improve the problems. The performance warranty contracting gives the contractors opportunity to select materials and construction methods as they like. But they should satisfy a certain level of performance during a given period. The performance indicator and threshold value of pavement which are main elements of the warranty specification should be defined first to introduce the performance warranty contracting successfully. In this study, the performance indicator, threshold value, and warranty duration of asphalt pavement were investigated by reviewing literatures on performance warranty contracting of some states of the US. Major distresses influencing the performance of the asphalt pavement were investigated at 24 national expressway lines and national highway lines in 16 regions, and the data were analyzed to be compared to the cases of the US. Development of rational performance warranty specification for domestic asphalt pavement is expected based on the research results.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.11
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• pp.283-290
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• 2020

Porous asphalt pavement is used widely in advanced countries to reduce traffic accidents and noise. On the other hand, it is not applied widely in Korea due to concerns about its durability. This study aims to find a statistical method to improve the durability of porous asphalt pavement. A Cantabro test was selected to test the durability. The Cantabro test was performed on an asphalt mixture made of a binder and aggregate. This test was repeated three times for each of the four groups to obtain the Cantabro loss rate. The average values of each of the four groups satisfied all the reference values. In addition, through an analysis of variance (ANOVA), it was possible to quantitatively classify test groups with differences in durability, thereby finding problems and improving the durability. Furthermore, the Pay Factor method can lead to voluntary improvements in quality, and the Pay factor can be calculated through statistical analysis of limited data. Through the Pay factor, it is possible to induce definite quality improvement of the contractor and continuously improve the durability of the porous asphalt mixture by evaluating the adequacy of the quality standard.

• The Journal of the Korea Contents Association
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• v.14 no.1
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• pp.455-465
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• 2014

This study focuses on some institutional improvement for revitalization of change in building use of officetel to lifestyle lodging industry. First as analysis method, this study establishes a failure factor for change in building use of officetel to lifestyle lodging industry. Second, analyzes an urgent importance to improve it in aspect of a legal institution or management for revitalizing a change of building use of officetel to lifestyle lodging industry. As a result, a failure factor of change in building use from officetel to lifestyle lodging industry is deducted in 4 articles with 13 detailed index. As a result of AHP, 'existing contractor's 100% agreement condition' is the first place, 'commercial /semi-residential area in zoning' is the second place, 'relative cleanup zone' is the fourth place, 'late changes of building use by a complex licensing procedure' is the fifth place, 'operational risk of consignment' is the sixth place, 'deficiency in publicity of related institution' is the eighth place, 'lack of concept in lifestyle lodging industry of building code' is the ninth place, 'basic constructional condition such as parking lot sewage and fire protection system' is the tenth plce, 'installation of ventilation facility' is the eleventh place, 'installation of bathroom and shower room in each room' is the twelfth place, 'installation of kitchen facility' is the thirteenth place.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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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.

• Journal of Satellite, Information and Communications
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• v.1 no.2
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• pp.45-50
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• 2006

A satellite and ground stations which are developed in a program are tested whether the interface between the satellite and ground is well established before satellite operations. These compatibility tests are performed when the satellite is connected with the ground stations after all satellite and ground stations requirements are verified. The content of the RF compatibility test is to check whether the interface requirements which are described on the Interface Control Document are well developed. During the early operation phase and tentative contingency operations of the satellite, KARI ground station uses other oversea ground stations which are located worldwide according to contract between the KARI and the contractor. Since oversea ground stations were not developed for the designated space program, system integrator should check whether the oversea ground stations are satisfied with interface requirements. Using the RF suitcase, RF interface and the content of RF communication can directly be verified during RF compatibility test on oversea ground station without KARI ground station's support. The RF compatibility test using RF suitcase was performed oversea ground stations as well as KARI ground station located on Korea. The content of RF compatibility test was standardized in order to be used at any oversea ground stations, especially fitted for the operations concept of launch and early operations phase. The test content would be RF characteristics, protocol, command loop test, telemetry loop test, and ground station interface test.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.215-236
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• 2013

It is quite true that the more Korean contractors receive overseas contracts, the more they need guarantees. The top market for them is the Middle East countries, consisting of more than the half of the total amount awarded last year and the trend is increasing as well. The problem, however, is that employers in these countries are reluctant to use international rules for guarantee such as URDG or ISP98 and easily make unfair callings. However, Korean contractors(applicants), especially small and medium sized enterprises(SMEs) tend to hurriedly enter a contract without looking into its contents as well as guarantees. They do not realize the importance of the guarantees until they receive callings from the employers(beneficiaries). Being independent from the underlying contracts, guarantee is the equivalent to cash in that it usually does not require any proof of demand when calling and the guarantor should make a payment within usually 5 business days after the request. It is often observed these days that several Korean SMEs go bankrupt due to liquidity risks after receiving unfair callings from employers in the Middle East countries. In retrospect, some cases could be obviated if contractors were a little more careful in checking the contents of a guarantee at the time of concluding a contract. For example, there is one case where the underlying contract includes a reduction clause in the Advance Payment bond and the guarantee does not have that clause. In the end, the Korean contractor had to take the whole burden of the bond amount though it had finished 81% of the project. Nobody could argue that contractors should take a full responsibility if they fail in their obligations. However, the employer's wrongful callings need to be prevented in the first place, if possible. As there shouldn't be a case where one party is at a disadvantage against the other like the case mentioned above, useful insight is being sought to minimize unfair calling risks for the benefit of the applicant. First, the applicant should carefully look into every detail of the potential guarantee before signing a contract, heeding especially that there is a reduction clause in the AP bond. Second, the governing principles for guarantee should be the ones that are internally used such as URDG758 that is objective in terms of callings given that, for example, it specifies that the requirement for a supporting statement when making a demand is a default rule. It is also recommended that the form of guarantees be the standard demand guarantee. Third, parties involved in issuing guarantees are advised to understand international rules for guarantee like URDG758 and ISP98 and to play a key role in guiding SME contractors in Korea so that they can protect themselves from possible wrongful callings, particularly from employers in the Middle East countries. I hope this study would give a wake-up call for Korean SMEs wishing to do business in the Middle East countries and remind them of the importance of guarantee itself and its governing principles.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.36 no.5
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• pp.927-936
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• 2016

This research aims to analyze the effect of different types of urban parks and their locational characteristics on the apartment price in the entire metropolitan area of Busan, Korea. Although an urban park is an environmental good that influences the surroundings in many ways, most of the previous studies have underestimated its impact on the value of the surrounding area. This research focuses on the economic value of urban parks by understanding their relationship with the value of the apartments in the surrounding area with its significance in their physical and objective characteristics. Furthermore, the research emphasizes the different typological characteristics of urban parks in the analysis. In summary of the result, the number of levels (stories) and units of the apartment complex, ranking of the contractor, age of a park and accessibility to sub-central are positively related to the price of apartment units. On the other hand, the total area of apartment complex, the age of apartments, the distance to the nearest park and accessibility to civic-central or regional district are negatively related to the price of apartment units. Having a plan for constructing a park is also positively related to the price. For the typological characters of a park, neighborhood park, small-sized park, and sports park are positively related to the price, while children's park is negatively related to the price of apartment units. Considering that the price increases as the distance to the nearest park decreases, people prefer to live near the benefits that urban parks provide. In order to maximize the value and benefits that parks provide, it is necessary to approach them creatively.

• Korean Journal of Construction Engineering and Management
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• v.9 no.6
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• pp.235-243
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• 2008

Construction projects have unique characteristics that these may be carried out by contractors thus, cost should be estimated before execution. The importance of cost estimation and cost check has become increasingly emphasized in all phases of construction project that would be performed numerously. It is needed that owner have to estimate reasonable budget, and contractor should predict the bid price. However, there are lack of standard cost estimation method before quantity takeoff, cost analysis method, and cost database thus, the method of area cost, such as square foot method, is as used as ever in Korea. Therefore, this research suggested standard cost database structure CUBE, and analysis method of item quantity per one household categorized by area type. Whereafter, database of all item quantity of finish work has been built with 90 building cost data, and validated it's availability. In this respect, the suggested method and the findings from this research are expected to help enhancing the efficiency and productivity of cost estimation in Korea.

• Journal of Construction Engineering and Project Management
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• v.7 no.1
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• pp.13-25
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• 2017

Construction projects have been observed to have problems of project delays and disruptions and the South African construction industry is not an exception. This research identified causes and effects of project delay and disruption through a desktop study. Subsequently, a questionnaire was designed and used to conduct a survey to obtain the views of the three main construction project participants - clients, consultants, and contractors. The questionnaire contains 48 causes and 13 effects of project delay and disruption identified from the desktop study. This research identified sixteen most important causes of project delay and disruption and five most important effects of delay and disruption. Sixteen most important causes were: (1) strikes, (2) rework due to errors during construction, (3) shortage of materials in market, (4) suspension of work by the client, (5) poor communication between the parties, (6) ineffective planning and scheduling of project, (7) delays in issuing working drawings, (8) mistakes and discrepancies in design documents, (9) shortage of labours and equipment, (10) delay in decision making process by the client, (11) unforeseen ground conditions, (12) unclear and inadequate details in drawing, (13) inadequate contractor's experience, (14) delay in approving changes in the scope of works, (15) delay in material delivery and (16) unacceptable quality of materials. The five major effects include: (1) create stress on contractors, (2) cost overrun, (3) time overrun, (4) poor quality of work due to rush, and (5) disputes. Furthermore, the result of this research was compared with the result of previous studies conducted in other regions of Africa in terms of causes and effects of project delay and disruption. The research concludes that numerous causes and effects of delay and disruption are limited to South African construction projects based on the comparison. The causes limited to South African construction projects include: (1) strikes, (2) suspension of work by the client (3) mistakes and discrepancies in design documents (4) delay in approving changes in the scope of works and (5) unacceptable quality of materials, while the two major effects limited to South African construction projects includes: (1) create stress on contractors and (2) poor quality of work. In conclusion, some recommendations were made in order to minimise the causes of delay and disruption identified.