• Journal of the Korea Institute of Building Construction
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• v.17 no.4
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• pp.385-391
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• 2017

The warranty liability period for defects in apartment buildings by work type is not based on scientific analysis, making the appropriateness of the term a culprit behind the lawsuits. Therefore, this research aims to evaluate the appropriateness of the warranty liability term of apartment buildings by identifying the current status of defects, in particular, caused by finishing works. That is because the number of defects, caused during the finishing works, accounted for the largest portion of the total defect cases of apartment buildings reported to the Apartment Defect Dispute Mediation Committee under the Ministry of Land, Infrastructure, and Transport of Korea between 2010 and 2011. The result from analyzing claims for defect repairs of the finishing works showed that most cases by work type continued to be made after two years, and only about 60% were charged within the warranty period. And, defects by work type have correlation, which needs to be considered for a better construction technique. Considering a low correlation between the possibility of defects and the construction performance rankings, which are highly relevant to the apartment preference. It is believed that there needs to be a qualification process for agencies that actually performs finishing works.

• Journal of the Korea Institute of Building Construction
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• v.18 no.4
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• pp.355-361
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• 2018

Many defects are occurring in apartments, the main residential area in Korea. This is due to a lack of construction skills and a lack of management. As many apartments are provided to buyers, the dispute over defects after completion is increasing rapidly. The Housing Act was amended so that local governments could order contractors to repair defects. However, even if defects are resolved after a defect is generated, it is not a fundamental solution that can be satisfied because buyers have to endure the pain caused by the defect. So, it is necessary to protect the interests of buyers by fundamentally reducing defects in apartments. Therefore, in this study, it was suggested that the asymmetry of the information about the apartment buyers should be resolved at the time of sale of the apartment, the final drawings should be a contract document, the review period of the apartment house supervision should be secured, the appropriate supervisory fee should be secured at the time of contract change and the payment procedure should be improved.

• Proceedings of the Society of Korea Industrial and System Engineering Conference
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• 2002.05a
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• pp.31-36
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• 2002

Product Liability(PL) is a legal policy to deal with global competition by improving domestic industrial competitive power and to reduce the cost of defect products. The purpose of this paper is to address the state of the art solutions to dispute on PL, in reality of a frequent occurrence of global product exchange focussing on product safety that is one of the most important functions of PL and to improve solution of the product safety and reliability responsive to PL. To minimize PL exposure, manufacturers should reflect comprehensive product safety and reliability concepts in establishing PL prevention policies. PL prevention policies are composed of administration system, product safety management system, and total quality management system in respect of prevention, safety, and defence.

• IE interfaces
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• v.15 no.3
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• pp.270-278
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• 2002

Product Liability(PL) is a legal policy to deal with global competition by improving domestic industrial competitive power and to reduce the cost of defect products. The purpose of this paper is to address the state of the art solutions to dispute on PL, in reality of a frequent occurrence of global product exchange focussing on product safety that is one of the most important functions of PL and to improve solution of the product safety and reliability responsive to PL. To minimize PL exposure, manufacturers should reflect comprehensive product safety and reliability concepts in establishing PL prevention policies. Total PL prevention policies are composed of total quality management and product safety management system in respect of safety design, risk, and reliability. These PL prevention activities should be performed consistently during the total product life cycle, especially product research and development periods.

• Journal of Software Assessment and Valuation
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• v.16 no.1
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• pp.21-26
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• 2020

The completeness appraisal of software is performed in various forms, such as assessing the completion level in the development process, calculating the defect rate, estimating the development cost, and calculating the redevelopment cost. Along with this, the problem that is often dealt with is estimation of the development time. Even in a dispute over completeness due to delays in software development, issues of calculating an appropriate development time required to develop a delivery software or a development time required for change requests are often included in the appraisal request. In this paper, we introduce the procedure and method for estimating the appropriate project time of software development so that the appraiser can be applied to the appraisal work for determining the completeness. The method is based on the manual for calculating the appropriate project period of software development project.

• Journal of the Korean Institute of Landscape Architecture
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• v.40 no.1
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• pp.81-91
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• 2012

The purpose of this study was to analyze judicial precedents related on landscape construction defects(JPLCD) and suggested the improvement plan for dealing with it. The results are as the following: 1. Landscape construction defects litigations have been increased so far since 2000 and the duration of original trial was approximately 603 days, while appeal trials took up to 550 days. Therefore, the analysis revealed that settlement of disputes were lengthy and wasteful to consumers and constructors. 2. Judgement's cost accepted by the judge was only 53.6% of appraisal's cost appraised by appraiser, therefore it revealed appraiser overestimated the repair cost of landscape construction defects. 3. According to work classification categorized by Landscape Construction Standard Specification(2008) of the Korean Institute of Landscape Architecture, landscape planting amounted to 75% of JPLCD and plaintiff(consumers)'s prevailing rate of it reached 77% to be a serious burden to constructors. 4. According to JPLCD categorized by the type of dispute, defects caused by consumer's negligence for maintenance amounted to 29% and defendant(constructors)'s prevailing rate of it reached 64% to be the main responsibility of consumers. Further study will be required to make the judge standard of landscape construction defects through legal and technical research.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.34 no.10
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• pp.25-32
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• 2018

The ending of the warranty under the current Multi-Housing Management Act has a lot of problem as it is very disadvantageous to the business entity and it makes hard for the contractor to finish the repair work. It is almost none for the business entity to get the written confirmation of the expiration of warranty liability from the client even though it sincerely completed their warranty obligation. It is because the client asks for the works other than fair repair arising from the defect in the work, such as the upgrade work for the enhancement of the value of their assets and the repair work which the client should take care before it issues the written confirmation of the expiration of warranty liability to the contractor. "So, though there is the law specifying this matter, the parties are relying on the unnecessary civil agreement. This leads to the big social and economic losses. If there is no agreement made between the client and the contractor, that leads to the legal dispute. This research on cases of 10 apartments shows that the types of works which the apartment residents ask for depend on the characteristics and conditions of the apartments and that they ask for various kinds of compensational works. In addition, it was found that there were many cases in which even the civil agreement is not recognized as the ending of the warranty obligation even if the proper procedure is taken for the ending of warranty by the contractor or business entity. If the collateral is to be offered to the client, the contractor would get more hard because there is the additional cost other than the warranty obligation, thus damaging the legal objective of the laws trying to minimize the damage made to the resident of the apartments. It means that the increase in the unnecessary warranty cost would lead to the increase in the selling price of apartment and the ending of the dispute through the civil procedure would make the Multi-Housing Act ineffective.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.187-210
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• 2019

This article examines the necessity for the introduction of an ICSID Appellate System. In comparison with the WTO appellate system, the ICSID ad hoc Committee has a very limited mandate. An annulment inquiry under the ICSID arbitration system barely focuses on whether the arbitral decision resulted from a justifiable process. As long as there is procedural legitimacy, the resulting awards remain unaffected under the annulment procedure, irrespective of mistakes of fact or law. In contrast, in the WTO DSS the AB substantively reviews panel rulings and suggestions that are founded on any deficiency of objectivity or error in the interpretation of a particular WTO provision. This defect intrinsic in the annulment procedure could cause injustice to a party earnestly interested in correcting recognized misapplication of law by ICSID tribunals. Accordingly, the establishment of an appellate system would result in a more substantive and procedural review of awards. The creation of such an ICSID appellate system would ensure thorough scrutiny of the decisions of the tribunal of first instance, leading to better reasoned outcomes. This could lead to a crystallization of predictability in investment relations. The end result would be that fairness, clarity, reliability, and legality in the ICSID adjudicative process would be unassailable, to the advantage of all the contracting parties.

• Korean Journal of Construction Engineering and Management
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• v.16 no.6
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• pp.112-123
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• 2015

Many disputes are happened with various causes in overseas construction projects. One of major disputes is closely related with nominated subcontractors (NSC). This paper investigates 30 judical precedents for Singapore, Malaysia and Hongkong to analyze the detailed disputes related with the NSC, and then the judical precedents are classified into 6 categories: Delay and Defect Trouble (T1), Contract Relation (T2), Payment Trouble (T3), Set-off (T4), Liquidation (T5) and so forth (T6). According to the analytical results, the frequency of occurrence of disputes is considerably related with social and economical changes, and the dispute between NSC and employer for residential and commercial building projects is the most frequently happened case. As the results of analysis, therefore, it is concluded that the employer needs to response aggressively to the problems related with NSC, and it is also important to make the council for communication among related bodies. Furthermore, the institutional reform that make the role and the responsibility of employer consistent under considering contract terms and conditions is considered as the most important and fundamental issue.

• The Journal of the Korean dental association
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• v.53 no.2
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• pp.82-95
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• 2015

Background: Interest in medical malpractice claims and accidents is a day-to-day social issue to general public as well as medical personnel. Related laws and regulations already have been established, and institutions based on the laws and regulations also have been founded. However, in our dental community, interest and response to the issue seem insufficient. Methods: We searched four medical literature databases that are mainly cited in the medical community. Keywords including 'dental malpractice claims', 'patient safety' and 'medical accident' were used for the search. Among the selected literatures, we chose specific ones separately whose content is authentic and easily approachable. Results: Medical malpractice claims and accidents tend to increase around the world. As the cost or the difficulty level of surgery increases, the dispute rate also increases, which appears even more apparent in developed countries. Preventive measures to prevent the disputes and accidents are not significantly different. Three critical of them include relationship of doctor with patient, the informed consent and medical record. Conclusion: Tools for accident occurrence or communication improvement have been introduced. All of those cost time and money. However, education or professional request of liability insurance companies, self-education and provision of guidelines can be immediately implemented. To implement those, dentists' promotion at the regional or national level is imperative. rhBMP-2 is widely used at sinus augmentation, alveolar bone defect, and socket preservation.