• Journal of the Architectural Institute of Korea Planning & Design
• /
• v.34 no.10
• /
• pp.25-32
• /
• 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 the Korea Safety Management & Science
• /
• v.10 no.1
• /
• pp.23-31
• /
• 2008

Recently, there is a rise of accident by some defective products, especially it reported that a serious fact is a defect of design causing some problem since execute a product liability(PL), people who use products have been able to bo remunerated for a damage to those defects, so responsibilities of companies are rising more and more. Therefore, companies that are obligated to manufacture a safety product, and should make preparation for PL. For solving the problem, even though manufacturers tried to make a safety product ay mixed ways, it is seldom that its safety is considered from planning a design. This thesis has suggested a way aimed at improving a safety of products through considering a stage of a plan, by searching and analyzing the design-process in to each steps.

• Journal of the Korean Institute of Electrical and Electronic Material Engineers
• /
• v.22 no.2
• /
• pp.178-183
• /
• 2009

This paper introduces experimental investigates of an accident pattern for the distributing cross linking-polyethylene(XLPE) cable terminations considering product liability(PL) law environment. The influence of defects such as thickness and length decrease of XLPE, an impurity on XLPE and the gap between stress-con of housing and semi-conductor on insulating properties of the termination have been studied. The thickness and length decrease of XLPE decrease ac breakdown strengths. Breakdown traces of XLPE that is damaged by knife displayed ellipse shape. The gap of between stress-con and semiconductor deteriorates dielectric strength of XLPE seriously.

• International conference on construction engineering and project management
• /
• 2009.05a
• /
• pp.1446-1452
• /
• 2009

This study is designed to examine the current status of the performance warranty systems for asphalt pavements implemented in Europe, USA, and Japan, and to review the feasibility and possibility of introducing this system into the Korean environment. For such objectives, the concept and necessity of performance warranty and the status of Korean contracting systems and overseas performance warranty systems were evaluated. In particular, the bidding systems, performance guarantee systems, and maintenance work inclusion status in the projects and warranty specifications of Europe, USA and Japan were comparatively evaluated. And methods of introducing the performance warranty system by utilizing defects liability system and design-build contracts of Korea were suggested.

• The Korean Society of Law and Medicine
• /
• v.12 no.1
• /
• pp.177-225
• /
• 2011

Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.

• Journal of Korean Society for Quality Management
• /
• v.24 no.4
• /
• pp.207-223
• /
• 1996

These days, customers have attached great importance to the function of product liability and quality assurance. In Korea, the single rectifying sampling inspection for attribute (KS A 3105) has been used. But this inspection plan given by tables (KS A 3105) has some defects. There are limitations in the range of applications and irrationality of approximate probability and the double rectifying sampling inspection is not mentioned. Moreover, ATI (average total inspection) does not reflect sampling costs and the loss of nonconforming item. Therefore, the objectives of this study is to develope new algorithms and computer program that provide the optimal sampling inspection plan based on minimum linear costs (single & double inspection plan). The result of this study revealed that the new algorithm is less than KS A 3105 in ATI and basically, double inspection plan is more economical. Also it comes over restrictions in KS A 3105. So, it is definite that the optimal solution can be obtained considering cost factors in manufacturing and sampling process, and costs can be saved in the long term.

• Journal of Korean Society of Transportation
• /
• v.22 no.3 s.74
• /
• pp.59-67
• /
• 2004

On January 1, 2003, the motor vehicle management system in Korea was transformed from government's vehicle type approval to manufacturer's self-certification. The motor vehicle recall system with self-certification is an essential mechanism to place the liability of the vehicle defects on manufacturers and hence protect consumers from automobile accidents. This study provides a methodology to measure the benefits of motor vehicle recall system in two categories: benefits of reduction in traffic accidents and benefits of severity reduction in traffic accident. Applying the proposed methodology, the benefits of implementing motor vehicle recall system in Korea were estimated. It was estimated that 745 traffic accidents, 12 fatal accidents, and 1473 injury accidents were respectively reduced in 2002 due to implementation of motor vehicle recall system.

• Korean Journal of Construction Engineering and Management
• /
• v.21 no.4
• /
• pp.21-29
• /
• 2020

This study analyzed problems of operating performance bond for public works and derived some suggestions for improvement. The Contract Law for Government Owner requires to submit performance bond which guarantees performing the construction contractor pays back compensation money when the obligation is not executed. Currently, first bid eligibility for participation is exactly required for executing company of performance bond obligation, not considering volume, technical level, and special type of remaining works. In collaboration contract, if guarantee accident occurs, it is obliged for remaining collaboration contractors to be qualified to fulfill the whole contract. This study proposes following improvement plan to solve problems of current performance bone in public works. Firstly, qualification criteria must be deregulated exceptionally for selecting proper contractor, which executing performance bond obligation, considering progress and characteristics of remaining works. Secondly, In collaboration contract, the prerequisite of remaining contractors' should be deregulated as 'implementation requirement of the remaining works'from'implementation requirement of the whole work'. Finally, defect responsibility should be included in liabilities of performance bond by specifying that owner or guarantee agency bear them.

• International Journal of Vascular Biomedical Engineering
• /
• v.1 no.1
• /
• pp.32-40
• /
• 2003

Axillo-bifemoral (Ax-Fem) bypass are now well accepted for bilateral iliac artery occlusion as the second best option. This extra-anatomical (unnatural) bypasses, however, have various hemodynamic liabilities affecting the patency. Hemodynamic conditions of each different type of Ax-Fem bypass were assessed with computer simulation model to determine the hemodynamically more sound type. Simulation models of five different types of Ax-Fem bypass were constructed. Our investigation based on the computer simulation models have shown distinct differences between two most popular Lazy-S type and Inverted-C type on the distribution of flow volume, shear stress and recirculation zone, etc., though both types have shown similar clinical results. Lazy-S type has shown better hemodyanmic status than inverted-C type. The theoretical advantage of "Lazy-S" type has never been adequately proved for its superiority clinically over the inverted-C type. Inverted-C type is now in more favor with clinically better results in spite of many hemodynamic liabilities including retrograde flow to the branching graft. The improvement of over-all long-term patency rate of various extra-anatomical bypasses is still warranted through proper correction of the hemodynamic liability. Even though clinical outcome of the extra-anatomical bypass has been equal regardless of the type of crossover femoral graft configuration, there are distinct differences on the hemodynamic characteristics among various types of configuration. Further hemodynamic study in the pulsatile flow status is warranted to correct hemodynamic defects with proper modification of various hemodynamic factors of each model.

• Journal of Korean Society of Industrial and Systems Engineering
• /
• v.40 no.3
• /
• pp.27-37
• /
• 2017

As the global uncertainty of manufacturing has increased and the quality problem has become global, the recall has become a fatal risk that determines the durability of the company. In addition, as the convergence of PSS (product-service system) product becomes common due to the development of IT convergence technology, if the function of any part of hardware or software does not operate normally, there will be a problem in the entire function of PSS product. In order to manage the quality of such PSS products in a stable manner, a new approaches is needed to analyze and manage the hardware and software parts at the same time. However, the Fishbone diagram, FTA, and FMEA, which are widely used to interpret the current quality problem, are not suitable for analyzing the quality problem by considering the hardware and software at the same time. In this paper, a quality risk assessment model combining FTA and FMEA based on defect rate to be assessed daily on site to manage quality and fishbone diagram used in group activity to solve defective problem. The proposed FTA-FMEA based risk assessment model considers the system structure characteristics of the defect factors in terms of the relationship between hardware and software, and further recognizes and manages them as risk. In order to evaluate the proposed model, we applied the functions of ITS (intelligent transportation system). It is expected that the proposed model will be more effective in assessing quality risks of PSS products because it evaluates the structural characteristics of products and causes of defects considering hardware and software together.