• 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.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2017.05a
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• pp.278-279
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• 2017

Result from Amendment of Apartment Houses Decree Customer Service, Recently, the starting point of Defects Liability changed "Criteria of Completion date" to "Delivery date to Divided property". Through the Law amended, There are some inconsistency between "Claim for repairing defects" and "Period of security deposit for repairing defects claim". If someone bought a house after Completion date, Purchasing period of "Claim to security deposit for repairing defects" lapsed without renewal. This research is to identify problems and solutions for improving the system.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.101-109
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• 2010

Under the Civil Code and related law in Korea, the liability for defects after delivery belongs to the Contractor. However, various disputes have occurred in relation to the remedy of such defects and the compensation for damages, which are the main liability of a contractor in the event of defects. Despite court decisions regarding defect liability, many problems prevail in the real world. For this reason, this working-level research considers the introduction of a performance warranty contract system. To establish the system successfully, it is necessary to analyze the trend of various warranty cases in the US. Therefore, the warranty system of the US was first examined, and the effect of acceptance, notification and burden of proof, remedies under warranty clauses, and default termination were investigated and analyzed in this study.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2015.05a
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• pp.245-246
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• 2015

Cases of lawsuit and conflict are increasing because of defects in apartments in use after the completion of construction. Further, with changes in the consciousness of residents and in the social environment, many residents are showing interest in defect-related lawsuits. However, the term of warranty liability defined in the current law is not practically appropriate, and the verification of the determination of the term of warranty liability is insufficient. Against this background, this research aims to evaluate the appropriateness of defect repair periods by examining the actual defect condition of the finishing work among the various defects related to apartments. Collected performance data are analyzed by statistical techniques by considering the defect occurrence rate per construction type and the construction year of the finishing work in apartment construction. The analysis results will be used as basic data for evaluating the appropriateness of the standards for the term finishing works warranty liability.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.40 no.2
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• pp.22-30
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• 2017

PL (Product Liability) refers to the legal responsibility of a manufacturer or seller for bodily injuries or property losses caused by product defects. Therefore, it is important for companies to construct a product liability response system that strategically manage and effectively adapt to product liability. A PL response system refers to companywide operations of PL prevention (PLP) measures, product safety (PS) measures, and PL defense (PLD) measures appropriate for a company's scale and environment. To establish an enterprise product liability response system, each essential component of corporations should be systematically operated and maintained considering the scale and characteristics of the corporations. Essential components of PL response system is Strategy, Organization, Training, Technology, Investment, and Awareness. Role of essential components is that companies need specific strategies to secure product safety and protect customers from product defects, and appropriate organizations must be composed for effective operation of such strategies. The objective of this paper seeks to examine the relationships among the essential components of the product liability response system and PL performance. PL performance consists of positive performance and negative performance. In particular, positive performance include increased efforts in product or process innovation such as strengthening research and development (R&D) to produce safer products without defects. In order to carry out this research we obtained 98 questionnaire of manufacturing company. A summary of the analyses is as follows: First, the awareness and technology among essential components affect significantly to the positive performance. Second, the awareness and strategy among essential components negative affect to the negative performance.

• The Transactions of the Korean Institute of Electrical Engineers P
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• v.58 no.4
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• pp.632-632
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• 2009

The purpose of this study is to present the range of defects mentioned in the Product Liability (PL) and to establish an objective basis and grounds for the analysis of accidents expected to happen by analyzing and presenting the external flame pattern and electrical characteristics of an LED streetlight lamp, a new lighting lamp. From the analysis of the cross-section of a cable carbonized by an external flame, it was observed that the wire's strand and insulation material had solidly adhered, and that greater voids were formed at the surface than at the center. Irregular carbide lumps were formed in the globe directly exposed to the flame, and the globe carbonized by the indirect flame showed characteristics that they had melted and flowed downward. It was found that the forward and backward resistances of the normal LED were approximately 1.74 [$M{\Omega}$] and 140 [$M{\Omega}$], respectively. The lamp burnt by the strong flame exhibited infinite forward and backward resistances and the LED did not emit light. The carbonized LED lamp was gray and exhibited fine delaminations. According to the Product Liability, a product defect signifies a simple product defect. Most of the defects were caused by the lack of stability, and the defect of the product itself occurred during the design and manufacture. The defects in warnings and markings include an insufficiency of handling manuals and warnings, expressive warranty violations, defective markings, etc. In order to prevent an accident resulting from a product, it is necessary to prepare safety warnings and documentation, establish clear-cut lines of liabilities, and subscribe insurances. However, it could be seen that important factors against the Product Liability were product improvement, response to compensation requests and law suits, credit restoration, etc.

• Journal of the Korean Home Economics Association
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• v.34 no.5
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• pp.67-84
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• 1996

This study examined two laws protecting consumer's safety, the 'Product Liability Law' and 'Legal Regulations on Recall Service.' and investigated the need for and importance of the laws. Second, the requirements regarding the procedures for implementing these laws were reviewed. Regarding the 'Product Liability Law', the study considered how the damage and injury of consumers caused by defects in production would be compensated and under what conditions. Regarding the law to regulate Recall service, this study reviewed when and how producers must recall their products because of their defects. Finally, the directions for enacting these laws were suggested, and several difficulties arising from their enactment were considered. Several suggestions were made to enact these two raws in order to enhance comsumer safety, consumer sovereignty, and consumer well-being.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.31-55
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• 2009

This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

• Magazine of the Korea Concrete Institute
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• v.21 no.1
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• pp.38-42
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• 2009

• 건축구조
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• v.10 no.4
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• pp.30-33
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• 2003