• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.47
• /
• pp.129-156
• /
• 2010

Since the 1970s, international construction employers have commonly requested first demand guarantees upon their contractors as a form of security for due performance of their works. Contractors prefer the greater protection offered by more traditional forms of security requiring presentation of an arbitral award or other evidence of the caller's entitlement to compensation. Many contractors nonetheless feel that they have no alternative but to provide these unconditional guarantees in order to compete. However, these unconditional first demand guarantees are controversial and have given rise to numerous disputes both in arbitration and litigation. Disputes arising from first demand guarantees can be broken down into a) applications to prevent a perceived fraudulent or otherwise unfair or improper calling of a guarantee, b) claims arising from such abusive calls and c) claims relating to the consequences of such calls even if the call itself may not be abusive as such. The contractors should carefully assess the risk of an abusive call being made bearing in mind the difficulties he may face in seeking to prevent such a call. He should also bear in mind the difficulties, delays and cost he is likely to encounter in seeking to recover any monies wrongfully called. One option would be to provide that the call can only be made once and to the extent that the employer's damages have been assessed or even incurred or even for the default to have been established by an arbitral tribunal or court. Another option would be to provide that any call be accompanied by a decision of a competent and impartial third party stating that the contractor is in breach. For example, such a requirement could be incorporated into a construction contract based on the FIDIC Conditions by submitting this decision to a Dispute Adjudication Board. Another option would be to provide for the "ICC Counter-Guarantee Scheme". In sum, there would appear to be room for compromise between the employer and the contractor in respect of first demand guarantees by conditioning the entitlement to call such guarantees to the determination of a competent and impartial third party.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.54-62
• /
• 2001

Although claims and disputes may be never avoided in construction industry, until 1998, there are no systematic claims in the public sector in Korea. But, because of IMF, Contractors have been recognized that cost management is essential factor and contractual right can be demanded against the Public Orderer. Many affirmative effect such as, appearance of new professional service, prevention of lower quality construction, restrain of unnecessary budget expenditure, arrangement of duplicated or triplicated liability and revision of unnecessary administrative control may be anticipated through alleging claims, but in site representative manager and construction company may have ambiguous fear, somebody tried to allege claims. Therefore, to activate systematic construction claims, 32 public construction project claims alleged by contractors from 1998 to 2001 were analyzed, inactivated reasons of claims were examined and contractor's action plan to allege claims was suggested in this paper.

• 한국HCI학회:학술대회논문집
• /
• 2008.02a
• /
• pp.601-606
• /
• 2008

When sharing real-time media in the ubiquitous computing environments, due to heterogeneous performance of devices, conflict to users' media service requirements might be occurred. To address the problems, there are extensive researches about media streaming QoS control schemes in the aspects of network or application. However, their deployment has met with difficulty because of critical reasons such as high development cost and system complexity. In this paper, in the level of media services, we propose a negotiation approach to offer improved quality of media services. The proposed approach Constructs video distribution group between producer and consumer services, which target to globally minimize the concession of users' quality requirements Consequently, users can be provided video services in the level of conformation to the users' expectation.

• The Transactions of the Korea Information Processing Society
• /
• v.4 no.11
• /
• pp.2914-2922
• /
• 1997

For FA (factory automation) and ATE (automatic test equipment) in the industrial area, the standard bus needs to increase the system performance of multiprocessor environment. VME(versa module european package format) bus is appropriated to the standard bus but has features of small package and low board density. Beside, the density of board and semiconductor have grown to become significant issues that affect development time, project cost and field diagnostics. To fit this trend, in this paper, we composed Revision C.1 (IEEE std. P1014-1987) of the integrated environment for the main function such as arbitration, interrupt and interface between, VMEbus and several control modules Also the designed, VME system controller is implemented on FPGA that can be located even into slot 1. The control and function modules are coded with VHDL mid-fixed description method and then those operations are verified by simulation. As a result of experiment, we confirmed the most important that is the operation of Bus timer about Bus error signal should occur within $56{\mu}m$, and both control and function modules have the reciprocal operation correctly. Thus, the constructed VHDL library will be able to apply the system based VMEbus and ASIC design.

• Journal of the Korea Institute of Information and Communication Engineering
• /
• v.24 no.3
• /
• pp.420-427
• /
• 2020

The U.S-China disputes have attracted worldwide attention since it took place. However, the disputes between China and the US are no longer limited to the competition in traditional industries, and the competition in 5G industries is becoming more intense. This paper analyzes the reasons for US sanctions on Huawei and puts forward some Suggestions for its countermeasures. With the continuous trade exchanges between China and the United States and the acceleration of China's rise, the related industries in the United States will inevitably be impacted by the related industries in China. Despite U.S. sanctions, the fast speed and effective cost of 5G in China is further improving China's competitiveness. However, under the economic sanctions of the United States, how to survive and further develop China's 5G industry needs in-depth research.

• The Korean Society of Law and Medicine
• /
• v.21 no.1
• /
• pp.153-185
• /
• 2020

In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.