• Title/Summary/Keyword: internal settlement

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Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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Evaluation of Design Characteristics in the Reinforced Railroad Subgrade Through the Sensitivity Analysis (민감도 분석을 통한 철도보강노반 설계 특성 평가)

  • Kim, Dae-Sang;Hwang, Sung-Ho;Kim, Ung-Jin;Park, Young-Kon;Park, Seong-Yong
    • Journal of the Korean Geosynthetics Society
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    • v.12 no.3
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    • pp.15-22
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    • 2013
  • By changing from ballasted track to concrete slab track, new type railroad subgrade is strongly required to satisfy strict regulations for displacement limitations of concrete slab track. In this study, sensitivity analysis was performed to assess the design characteristics of new type reinforced railroad subgrade, which could minimize residual settlement after track construction and maintain its function as a permanent railway roadbed under large cyclic load. With developed design program, the safety analysis (circular slip failure, overturning, and sliding) and the evaluation of internal forces developed in structural members (wall and reinforcement) were performed according to vertical installation spacing and stiffness of short and long geotextile reinforcement. Based on this study, we could evaluate the applicabilities of 0.4 H short geogrid length with 0.4 m vertical installation spacing of geotextile as reinforcement and what the ground conditions are for the reinforced railroad subgrade. And also, we could grasp design characteristics of the reinforced railroad subgrade, such as the importance of connecting structure between wall and reinforcement, boundary conditions allowing displacement at wall ends to minimize maximum bending moment of wall.

A Study on the Types and Changes of the Urban Houses in the Korean Inland during the Period 1910-1945 (한국(韓國) 근대기(近代期) 내륙지방(內陸地方) 도시주택(都市住宅)의 유형(類型)과 변천(變遷)에 관한 연구(硏究))

  • Kim, Tai-Young
    • Journal of architectural history
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    • v.7 no.3 s.16
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    • pp.53-66
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    • 1998
  • In the meantime, the study of traditional and contemporary house had been produced so many achievements in korea, but modern house is yet to be solved, Accordingly, It is necessary to develop and present the basic research data in order to build up an objective study for urban house in the modern age(1910-1945), Following to a study on the foreigner's house in grid-type settlement of Open Ports, in this research is to investigate and analyze modern houses of urban areas in korean inland, and then clarify types and changes of them. In the first year($1995{\sim}96$), the modern houses of Central Inland Districts(arrounding river Kumgang)-Kunsan kanggyong Puyo Kongju Pugang Chongju were investigated by the layout of room, the construction and materials, the design and style, etc. In the second year($1996{\sim}97$), the modern houses of Open Market(開市場)-Seoul Taegu Kwangju Taejon Chonju were conducted to investigate as above. The traditional house transformed by differentiation and addition of room(kan), the various types were respectively adopted for the korean reforming and western cultural house. In the layout of room, the types of plan were gradually concentrated from the single wings of korean traditional house. The korean traditional house was later improved through the introduction of entrance, corridor, and internal toilet/bathroom. But the korean under-floor heating system(andal) and a series of three rooms had been entirely maintained, composed of master bedroom/living room(daechung)/room. And the traditional town house with shop and storage, being built closely to each other and walled up both sides, it had taken gradually the extensive characteristics in itself. By the displacement of shop/dwelling/ storage. the various types were respectively adopted for the separated, multi-storied, and complex type. The type of them was gradually changed to the narrow and linear form. And so with the stockpile of fundamental datas about modern houses in korean urban areas, we expect these results contribute to the knowledge of the spatial characteristics of urban house at present which are required to the understanding of transition as well as types.

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Evaluation of fitness in implant screw as tightening torque in dental laboratory (기공실에서의 임플란트 토크값에 따른 적합도 평가)

  • Song, Young-Gyun
    • Journal of Dental Rehabilitation and Applied Science
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    • v.31 no.4
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    • pp.310-315
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    • 2015
  • Purpose: The purpose of this study was to measure the tightening torque for dental implant in dental laboratory and to analyze of the effects of different tightening torque. Materials and Methods: The tightening torque for dental implant in dental laboratory were measured by digital torque gauge. The length of abutment and analog were measured as tightening torque of manufacturer's instructions and the measured value. And the data were statically analyzed. Results: The mean tightening torque of implant screw in dental laboratory was $1.563{\pm}0.332Ncm$. The external type implant system of total length were showing no significant differences but the internal type implant system had difference significant (P < 0.05) when compared with tightening torque. Conclusion: The implant prosthesis should be made under manufacturer's instructions especially as tightening torque of screw. For the fidelity of implant prosthesis, dental technician should learn how to use the torque gauge.

The Behaviour Characteristics of Reinforced Limestone Cavities by High Pressure Jet-Grouting (고압분사주입공법으로 보강된 석회암공동의 거동특성)

  • Hong, Won-Pyo;Hong, Kun-Pyo;Yea, Geu-Guwen
    • The Journal of Engineering Geology
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    • v.18 no.1
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    • pp.7-16
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    • 2008
  • Limestone area have mostly certain geological defects such as the internal cavities due to melting and fractured zone by external pressures. Especially, in case of constructing grand bridge, the treatment of the limestone cavities area having the geological defects is inevitable. In order to reduce foundation settlement and to reinforce the ground in the limestone cavities area, high pressure jet grouting has been carried out as a countermeasure method. Despite the fact that high pressure jet grouting method has already adopted at a lot of limestone cavities area, but the amount of research and technical data on the high pressure jet grouting have not been accumulated properly so for. Therefore this paper intends to investigate the strength characteristics and deformation characteristics for reinforced limestone cavities area by high pressure jet grouting method. In addition, load carrying capacity obtained by static pile load test with load transfer measuring system is analyzed.

Axial load detection in compressed steel beams using FBG-DSM sensors

  • Bonopera, Marco;Chang, Kuo-Chun;Chen, Chun-Chung;Lee, Zheng-Kuan;Tullini, Nerio
    • Smart Structures and Systems
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    • v.21 no.1
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    • pp.53-64
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    • 2018
  • Nondestructive testing methods are required to assess the condition of civil structures and formulate their maintenance programs. Axial force identification is required for several structural members of truss bridges, pipe racks, and space roof trusses. An accurate evaluation of in situ axial forces supports the safety assessment of the entire truss. A considerable redistribution of internal forces may indicate structural damage. In this paper, a novel compressive force identification method for prismatic members implemented using static deflections is applied to steel beams. The procedure uses the Euler-Bernoulli beam model and estimates the compressive load by using the measured displacement along the beam's length. Knowledge of flexural rigidity of the member under investigation is required. In this study, the deflected shape of a compressed steel beam is subjected to an additional vertical load that was short-term measured in several laboratory tests by using fiber Bragg grating-differential settlement measurement (FBG-DSM) sensors at specific cross sections along the beam's length. The accuracy of midspan deflections offered by the FBG-DSM sensors provided excellent force estimations. Compressive load detection accuracy can be improved if substantial second-order effects are induced in the tests. In conclusion, the proposed method can be successfully applied to steel beams with low slenderness under real conditions.

Evaluation of Catchbasin for Increasing Interception Capability of Stormwater Runoff (강우유출수 차집능력 증대형 빗물받이의 성능 평가)

  • Han, Sangjong;Shin, Hyunjun;Hwang, Hwankook
    • Journal of Korean Society of Water and Wastewater
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    • v.31 no.6
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    • pp.567-575
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    • 2017
  • It is not cost effective to raise the density of catch basins in preparation for heavy rainfall in terms of construction and maintenance. Our researchers have developed the new catch basin for increasing interception capacity of runoff with internal filtration structure. To compare interception capacity of an existing catch basin with the invented catch basin, a hydraulic experiment device with 4% of road gradients and 0.2% of road gradients was constructed. For runoff conditions of 4.4 l/s, 6.7 l/s and 10.4 l/s, capability of runoff and separation capability of debris (sand and leaves) were evaluated. As the main experimental results, the effectiveness of the developed catch basin has been verified with an increase in interception rate of approximately 22% for the runoff of 6.7 l/s as heavy rainfall. However, the results of invented catch basin showed only 4.5% of settlement rate of debris regarding sand. Therefore, the authors proposed an improved tilted screen structure additionally. After reviewing the performance of improved catch basin, application of the invented catch basin is expected to drain runoff effectively when it is applied to the faulty road drainage section.

A Consideration on Origin of Temple Building Arrangement and Chinese Spreading Pattern (가람배치(伽藍配置)의 내원(來源)과 중국적 전개양상 고찰)

  • Youm, Jung-Seop
    • Journal of architectural history
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    • v.19 no.2
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    • pp.43-66
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    • 2010
  • In that the Buddhism is the religion founded by Buddha, the settlement of Buddha's existence is very important in the temple building arrangement which symbolizes the Buddha's world. What symbolizes the Buddha in the temple are the pagoda and the Buddhist image. Among them, the Buddhist image is directly connected with the Golden Hall. This kind of double structure is settled as a typical pattern for the arrangement of buildings such as halls and pagodas. The earlier one between the pagoda and Buddhist image is the pagoda, of course. It can be inferred that, through the gradual expansion of the Buddhist images, the gravity was transferred from the pagoda to the Golden Hall. But, if the Buddhist image can be connected with the Golden Hall in that it was the product reflecting the requests on the Buddha and his teaching, the internal origin of the Buddhist image should also go back to the early Buddhism. In fact, the gravest building in Venuvana - vihara or Jetavana - anaehapindasyarama was the Golden Hall, the Buddha's residence. And in the summit of Grdhrakuta or Jetavana - anaehapindasyarama where Buddha stayed long, there is the gandha - kuti the Buddha's place till now. It means that the symbolic request on the Buddha and his teaching had existed even before the Buddhist image and that this tendency could be connected with the generation of Buddhist image. This paper is to show that the hall / pagoda structure generalized in the building arrangement of later age was originated not just from the Buddhist image and the sarira pagoda but from the gandha - kuti and the hair pagoda, and therefore the two should coexist inevitably. It is an attempt to develop a little more in the ideological perspective the general theory that the pagoda and the Buddhist image were fused into one precinct of temple later in their respective origins. That is, it tries to recognize the relation of pagoda and hall not as the conflicting one but as the complementary one.

A Study on the Concrete Lining Behavior due to Tunnel Deterioration (터널 열화로 인한 콘크리트 라이닝의 거동에 관한 연구)

  • Han, Young-Chul;Jeong, Sang-Seom
    • Journal of the Korean Geotechnical Society
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    • v.30 no.4
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    • pp.21-34
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    • 2014
  • This paper studies the time-dependent behaviors of tunnel and surrounding ground due to tunnel deterioration. In the first part, the literature on deterioration characteristics of tunnels was reviewed. In the second part, a numerical analysis was performed to investigate the behavior of concrete lining on the typical section of Korean high-speed rail tunnel (weathered rock) after determination of input variables related to deterioration impact. The result shows that the settlement at the crown of tunnel and surface ground increased up to 7.0% and 30.2% of the total settlements during construction stage, respectively, and the internal convergence reduction of 9.0 mm for concrete linings was generated within 30 years after completion of tunnel construction. Also the loosening height increased up to 2.55 times of tunnel height within 50 years, which is higher than that of Terzaghi's recommendation on ultimate state. Due to this process of extending zones, it is found that additional loads were applied to concrete lining with the axial stress about 3.20~3.66 MPa, which accelerates tunnel deterioration. Finally the quantitative design approach to evaluate time-dependent behavior of lining and surrounding ground due to tunnel deterioration was proposed.

A Study of mechanical properties of oxide layer removed Co-Cr-Mo abutments

  • Ryu, Jae-ho;Huh, Jung-Bo;Ro, Jung-Hoon;Yun, Mi-Jung;Jeong, Chang-Mo
    • The Journal of the Korean dental association
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    • v.53 no.11
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    • pp.804-816
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    • 2015
  • PURPOSE: The aim of this study was to evaluate the influence of the oxide layer removal process in the Co-Cr-Mo (CCM) abutment after casting procedure on the prosthesis settlement and screw stability. MATERIALS AND METHODS: CCM abutments of four different interface conditions (CCM-M; machined, CCM-O; oxide layer formed, CCM-B; blasted, CCM-P; polished after blasted) and gold abutment (Gold-C; Cast with type III Gold alloy) were used. The initial settling values of abutments were evaluated according to the difference of implant-abutment length when the tightening torques were applied at 5 Ncm and 30 Ncm, and the settling values of abutments caused by loading were evaluated according to the difference of implant-abutment length before and after loading with 250 N, 100000 cycle. The loss ratios of removal torque for abutment screws were evaluated according to the difference in value of removal torques under 30 Ncm tightening torque applied before and after cyclic loading. RESULTS: The CCM-P and CCM-B group showed a higher initial settling value compared with the Gold-C group (P<.05), while the Gold-C group showed the highest settling values caused by loading (P<.05) and no significant differences were observed for between CCM groups (P>.05). The loss ratio of removal torque values for the CCM-B, CCM-P groups did not differ significantly from that of the Gold-C group (P>.05). CONCLUSION: Even though the oxide layer was removed by different methods, CCM abutment with internal conical connection structure showed lower abutment settling and similar screw loosening after cyclic loading compared with gold abutment.