• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2023년도 봄 학술논문 발표대회
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• pp.365-366
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• 2023

The purpose of this study is to prevent dispute due to change orders in construction projects and to handle change orders smoothly. For this purpose, this study analyzed arbitration cases caused by change order handled by the Korea Commercial Arbitration Board. Based on this, dispute factors were analyzed and change order management factors and management plans were presented. Change order management factors were derived from responsibility, contract, design, process, construction cost, and schedule management, and a detailed management plan according to the relevant factor was presented.

• 미국학
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• 제42권1호
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• pp.23-55
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• 2019

Do international economic factors affect the result of gubernatorial elections? This research aims to explain the reasons that local elections are not influenced by international economic factors such as US-China trade dispute. Although previous studies show the mixed results about the relationship between economic factors and gubernatorial electoral outcome, this research argues at least three explanations can be identified. First, there is a perceived gap between the candidates and local voters on the effect of trade disputes. Local voters do not consider the trade dispute as immediate threats, and candidates only use the trade dispute for attacking rivals. Where the functional responsibilities are unclear among elected officials between federal and local government, voters tend to cast votes based on their party identification. In the case of trade policy, functional responsibility is murky between the president and governor; voters may not judge the governor incumbent or candidates on state economic condition.

• Journal of Construction Engineering and Project Management
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• 제6권4호
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• pp.24-34
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• 2016

Disputes seem to be synonymous with large-scale construction projects in Ethiopia. The purpose of this study is to determine the factors responsible for impacting the performance of Ethiopian public construction projects. To this end, 35 success and failure attributes responsible for impacting the performance of the projects were identified and presented to Ethiopian construction professionals in the form of a structured questionnaire, and responses were collected. The factor analysis conducted on the success and failure attributes influencing no-dispute performance separately resulted in six success factors and five failure factors. Further analysis using stepwise multiple regression indicates that owner competence and interaction among project participants have a positive impact on no-dispute performance. However, conflict among project participants has a negative impact on the no-dispute performance of Ethiopian public construction projects. Although Ethiopia-specific, the results reflect construction management problems common to both developed and developing countries. The findings are expected to help researchers and practitioners gain a better understanding of critical success and failure factors and to help them take proactive measures to avoid disputes in public construction projects.

• 한국중재학회지:중재연구
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• 제14권1호
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• pp.315-344
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• 2004

Although we try to increase the order of turn key construction for the international competitiveness strengthening, the construction quality advancement and the productivity enhancement of the public sectors, the problems of the domestic turn key systems are causing the hardships of all the participants and many possible disputes. The home turn key constructions have been activated since 1997. A lot of trial and error had been experienced in these days, and the turn key systems have been changed little by little. But the bases are continuously kept because of their reflecting all the participants' opinions. In the inner turn key constructions the problems of uniform types are repeatedly occurred, and, especially, many problems happen up to the stage of early stage owing to the specialties of the turn key construction. So the dispute factors of the Korean turn key constructions were abstracted through the literature searches, the site document examinations, the case studies and the interviews with the experts. When the technicians meeting the interior turn key construction for the first time and working here now are well acquainted with only these factors, many disputes will be prevented.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2010년도 춘계 학술논문 발표대회 1부
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• pp.185-189
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• 2010

As recent construction project has specialization and high-level of the engineering, Although, It has always uncertainty of agreement and contract enforcement, factors of difficult to predict etc. in each phase. In this process, Various interest groups involved are continuously generated dispute of interest each others. So this paper analyzed the dispute cases in construction projects from the Supreme Court and Korean Commercial Arbitration Board in Korea, and then identified the dispute types and causes that occur during all of the construction project phases with their influence analysis. At the result, It will be contributed to the basic data for pre-dispute prevention in the construction projects.

• 한국중재학회지:중재연구
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• 제29권3호
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• pp.39-52
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• 2019

There are various factors to consider when parties to an international agreement draft a dispute resolution clause in their written contract. These factors can be classified into two categories. The first category is about the parties and the nature of the contract, such as the parties' places of business and whether the contract contains a simple transaction or has a complicated nature. The second category is about the applicable rules of the parties' places of business or performance such as the private international law, service of process rules, and enforcement of court judgment and arbitration award rules. When parties to an international contract agree to a litigation, they normally choose a forum court and a governing law. In selecting a forum court and a governing law, the parties must consider private international law, service of process rules, and enforcement of judgement rules of candidate forums. In case the parties agree to an arbitration, they have to choose between institutional arbitration and ad hoc arbitration. For ad hoc arbitration, parties still need to further agree on which arbitration rules to use, and in which place the arbitration shall take place. Mediation involves a similar kind of decision as with arbitration. Traditionally, national courts of the parties' places of business have been used as litigation forums in dispute resolution clauses but, recently, arbitration is being increasingly employed as an alternative dispute resolution method in international contracts. Moreover, there have been international efforts to utilize mediation as a dispute resolution method in international commercial issues. Rather than simply taking a dispute resolution clause provided in a sample written contract, parties to an international contract must carefully consider various relevant factors in order to insert a dispute resolution clause which will work well for a particular contract.

• 무역학회지
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• 제46권5호
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• pp.1-12
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• 2021

In 2009, Japanese government requires exporters to have individual export licenses for certain items and removes South Korea from White Countries. The export control and regulations are likely to be affected by political factors. This study aims to analyze Japan-South Korea trade dispute with a sequential game with incomplete information. The results show that Japan may apply trade regulations on Korea regardless of efficiency of Korea and the possibilities of regulations increases when political factors are important in its decision on export policy.

• 한국중재학회지:중재연구
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• 제32권1호
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• pp.71-91
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• 2022

The legal integration in the European Union that seeks a unified system in consumer disputes and the German Consumer Dispute Mediation Act based on this pursues the procedural fairness of consumer disputes and the equality of results. The role and legal status of the dispute mediator, who plays a very important role in this process, and the stable operation of the dispute resolution system and the guarantee of reasonable results through the guarantee of fairness and independence are very important values. In particular, the dispute mediator under the Act is conceptually different from the existing mediator or mediator, and through this distinction, the duties and contents of the dispute mediator are also distinguished. For this reason, the qualifications of dispute mediators that affect the outcome of dispute mediation are strictly stipulated. There have been some criticisms of this strictness, and such strictness is also seen as an excessive limitation. However, these standards can be understood as one of the efforts to make the dispute mediation procedure more systematic and to operate objectively in accordance with laws and procedures. In addition, in relation to the issue of independence and impartiality of the dispute mediator, the status of the dispute mediator is guaranteed in various aspects. In economic terms, it is not influenced by external factors, and furthermore, in order to guarantee job stability, the results of job security and dispute resolution are not linked. By examining the appropriate level of discipline for these dispute mediators, we expect the developmental growth of the consumer dispute resolution system under our Act.

• 한국건설관리학회논문집
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• 제10권6호
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• pp.48-57
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• 2009

최근 건설공사는 대형화, 복잡화됨에 따라 도면과 시방서만으로는 모든 정보를 표현하는 것이 어려우며, 불확정적인 요소를 계약서에 명문화 하는 것의 한계성으로 인해 분쟁이 발생하게 된다. 또한 우리나라 건설공사는 상호평등 원칙보다는 발주자 위주의 계약관행이 존재하고 있어서 비합리적인 조항을 계약관련 서류에 포함시키는 등의 일이 발생하고 있다. 이렇듯 겉으로 표현하지 못한 잠재적인 분쟁의 요인들이 존재하게 된다. 이에 본 연구에서는 조달청의 민원상담사례를 분석하여 사전분쟁 단계에서의 잠재적인 분쟁요인을 도출하고, 영향도 분석을 실시하였다. 분석된 결과는 차후 건설공사 추진과정에서 분쟁예방을 위한 체크리스트로 활용이 가능할 것으로 사료된다.

• 통상정보연구
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• 제10권1호
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• pp.279-293
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• 2008

The number of participants in an online dispute resolution(ODR) system is crucial to its survival. Securing participation is nonetheless difficult. Clearly, it is important to offer a system that is fair, transparent and offers an efficient service at low cost. These factors are fundamental to ensure trust and to build a returning customer base to the system, but are not what attracts a party to submit a dispute for settlement. This paper describes and discusses four main categories of legal measures found in the online dispute resolution services offered by SquareTrade and WIPO. In spite of shortcomings in the offered, the legal measures have contributed to attract large numbers of participants. Large participation secures the long-term economic viability of an online dispute resolution system. The four categories of legal measures described and discussed in this paper need to be part of the specifications and the design and development of future ODR system.