• 국제학술발표논문집
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• The 5th International Conference on Construction Engineering and Project Management
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• pp.94-102
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• 2013

The architecture, engineering and construction (AEC) industry is beginning to utilize Building Information Modeling (BIM), benefiting from the resulting improved visualization and productivity, better coordination of construction drawings, building documents that contain embedded links to virtual information, faster delivery, and lower costs. However, construction firms often face challenges when reorganizing their company structure to take full advantage of these benefits. This paper proposes an organizational structure that will enable engineering-construction firms to successfully adopt and implement BIM for major construction projects. A case study research method is utilized based on in-depth interviews with four BIM directors and vice presidents charged with BIM adoption, implementation and education. Organizational transformation challenges and recommendations are discussed in detail for those considering implementing BIM in the engineering-construction industry. Topics such as organizational changes in the firm, costs and benefits of BIM implementation, strategies of BIM implementation (execution) plan, BIM education, risks and opportunities associated with BIM, BIM software, contract methods, human resource management and new hires, and the future implementation and direction of BIM are discussed in detail.

• 무역학회지
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• 제45권1호
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• pp.83-100
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• 2020

This study aimed to provide the most accurate analysis possible regarding the buyer's duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.

• 무역학회지
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• 제46권2호
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• pp.107-119
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• 2021

Using a trade policy, government can shift profits from foreign firms to domestic firms. This paper will reexamine how asymmetric information can affect the equivalence of tariff and quota in a duopoly, where one domestic firm competes with one foreign firm. It can happen that the domestic firm has informational advantage against the government. Within this framework, the domestic firm has private information about own marginal cost as well as the foreign firm's. The domestic firm would exploit the advantage to draw a favorable policy from the government. When the government is misled, social welfare would decline. This paper will guide how the government can extract information from the domestic firm by offering a menu of tariff or quota. Previous studies showed that quota demands information more than tariff. With the principle of revealed information, the domestic firm chooses tariff (quota) if the marginal cost of foreign firm is low (high). The quota level will be high (low) if the marginal cost of domestic firm is high (low). To prevent misrepresentation, the domestic firm should be charged when quota is implemented. When the quota level is low, the domestic firm is charged additionally. This paper can contribute to the literature of trade policy and information.

• 국제학술발표논문집
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• The 4th International Conference on Construction Engineering and Project Management Organized by the University of New South Wales
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• pp.510-515
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• 2011

Urban renewal projects, in the form of mega-projects, are being actively implemented both nationally and internationally to revitalize inactive cities. These programs, however, are difficult to manage efficiently due to their need for a large budget over a long period of time and due to conflicts with stockholders. Moreover, existing cost and duration management systems are structured with emphasis on the design and construction stage of unit projects, thus limiting their application to long-term mega-projects that are integrated with various facilities. To solve these problems, this study developed a web-based system that can collectively manage the cost and duration of mega-projects at a program level. The unit modules included in the system--CBS organization, construction cost and duration prediction, and total cost and duration prediction--can support decision-making at the early stage of the program. Furthermore, the modules, which include contract management, execution management, change management, and program progress management, support the program operations for its successful accomplishment. The web-based cost and duration management system developed in this study is expected to be used as a valuable tool that supports the successful accomplishment of mega-projects through their efficient management throughout their life cycle.

• 국제학술발표논문집
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• The 4th International Conference on Construction Engineering and Project Management Organized by the University of New South Wales
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• pp.340-349
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• 2011

During the negotiation and resolution of delay and disruption disputes on construction projects, the use and misappropriation of float, and the question of float ownership, are considered to be a major concern to those involved. Most practitioners and authors are of the opinion that it is an issue that should be clearly defined and addressed within the provisions of the contract. However, the terms "float" or "ownership of float" are rarely mentioned (if at all) in most of the standard forms of Australian construction contracts, giving little guidance to those involved as to how this issue should be addressed. In October 2002 the United Kingdoms Society of Construction Law (SCL) published a Delay and Disruption Protocol (the Protocol) that contains a suggested approach to the issue. The aim of this research was to obtain an Australian opinion of the suitability of the SCL's Delay and Disruption Protocols suggested approach to the issue of float and ownership of float for use by the Australian construction industry. Qualitative interviews were carried out with Australian construction industry experts experienced in the administration, negotiation, and resolution of delay and disruption disputes to obtain their opinions of the suitability of the SCL's proposed approach. Results indicate general confusion and uncertainty as to how the issue of float and float ownership should be addressed in general, with the SCL's approach adding further to that confusion.

• 국제학술발표논문집
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• The 4th International Conference on Construction Engineering and Project Management Organized by the University of New South Wales
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• pp.526-533
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• 2011

Contracting is said to be a high-risk business, and a common cause of business failure is related to cash management. A contractor's financial viability depends heavily on how actual payments from an owner deviate from those defined in the contract. The paper presents a method for contractors to evaluate the punctuality and fullness of owner payments based on historical behaviour. It does this by classifying owners according to their late and incomplete payment practices. A payment profile of an owner, in the form of aging claims submitted by the contractor, is used as a basis for the method's development. Regression trees are constructed based on three predictor variables, namely, the average time to payment following a claim, the total amount ending up being paid within a certain period and the level of variability in claim response times. The Tree package in the publicly available R program is used for building the trees. The analysis is particularly useful for contractors at the pre-tendering stage, when contractors predict the likely payment scenario in an upcoming project. Based on the method, the contractor can decide whether to tender or not tender, or adjust its financial preparations accordingly. The paper is a contribution in risk management applied to claim and dispute resolution practice. It is argued that by contractors having a better understanding of owner payment behaviour, fewer disputes and contractor business failures will occur.

• 한국중재학회지:중재연구
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• 제34권2호
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• pp.45-64
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• 2024

In international transactions, a demand guarantee is commonly used as a so-called independent bank guarantee to protect against the other party's default under, or breach of, contract). However, there is a risk that the independence and the documentary character of the demand guarantee may be abused by the beneficiary of the guarantee, who may fall into the temptation to demand or call for payment under the guarantee by preparing documents that appear to constitute a complying demand for payment, even though the demand has no conceivable basis. In Korea, through case law, a legal rule has been developed to prevent such abusive calls for payment. This paper examines how such rule that prohibits abuse of rights is applying in the context of counter-guarantees. To this end, this paper first considers the concepts of a demand guarantee and a counter-guarantee and the basic legal principles applicable thereto. And then this paper considers abusive calls under the guarantees, that exceptionally works as grounds for refusal of payment by guarantors and counter-guarantors, further looking at some situations in which the calls amount to be abusive under counter-guarantees in particular.

• 무역상무연구
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• 제49권
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• pp.283-324
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• 2011

The purpose of this paper is to research the air waybill and the carrier's liability in respect of the carriage of cargo by air under the Montreal Convention of 1999. The Warsaw Convention for the unification of certain rules for international carriage by air was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975 and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. Under the Montreal Convention, in respect of the carriage of cargo, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three orignal parts. Under the Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. The air waybill is not a document of title or negotiable instrument. Under the Montreal Convention, the air waybill is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of the part of the air waybill. Under the Montreal Convention, the carrier is liable by application of principle of strict liability for the damage sustained during the carriage of cargo by air. The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. Under the Montreal Convention, the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be and void. Under the Montreal Convention, if the carrier proves that the damage was caused by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, the carrier shall be wholly or partly exonerated from ist liability to the claimant to the extent that such negligence or wrongful act or omission caused the damage. Under the Montreal Convention, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention. Under the Montreal Convention, in the case of damage the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and at the latest, within fourteen days from the date of receipt of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the cargo has been placed at his disposal. if no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part. Under the Montreal Convention, the right to damage shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. In conclusion, the Montreal Convention has main outstanding issues with respect to the carrier's liability in respect of the carriage of cargo by air as follows : The amounts of limits of the carrier's liability, the duration of the carrier's liability, and the aviation liability insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• 통상정보연구
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• 제18권3호
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• pp.3-21
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• 2016

본 연구는 SWIFTNet TSU 선행연구의 고찰과 함께 지원업무의 내용을 살펴본 후, 이를 토대로 전자무역에 활용하기 위한 전략점 시사점을 분석하였으며 그 결과 얻어진 내용은 다음과 같다. 첫째, SWIFTNet TSU BPO의 거래를 개시할 때에 은행과 수입업자가 교환한 거래약정서에서 은행의 채권보전에 관한 규정을 설정하는 조치가 필요하다. 아울러 송금방식의 결제보다 비용은 더 들어가지만 SWIFTNet TSU BPO는 수출자에게 자금공여를 해주는 장점을 가지므로 수입자의 입장에서는 수출자와 매매계약을 할 때 제품 가격 인하의 주도권을 확보할 수 있다고 보았다. 둘째, SWIFTNet TSU BPO도 단일화된 공유기반의 플랫폼을 구축함으로써 보안성과 안정성 및 편리성을 갖추어야 한다. 이를 위하여 은행은 업무처리에 대한 서비스를 제공하기 위한 새로운 시스템을 구축할 필요가 있다. 나아가 SWIFTNet TSU BPO가 완전한 글로벌 시스템으로 완성되기 위해서 전세계의 무역거래자들이 만족할 수 있는 획기적인 결제 솔루션으로 거듭나야 하며 전자무역 결제시스템을 위한 기술적 표준화가 선결되어야 한다. 셋째, SWIFTNet TSU BPO를 은행결제와 다른 부가가치의 무역서비스 기능과 융합시키며 신속성, 외환결제 리스크 경감, 편리성, 비용절약 측면에서 우위성을 갖고 있으므로 여러 국가에서 더욱 편리하게 사용할 수 있도록 은행과 수출입업자, SWIFT의 협력 강화가 이루어져야 한다. 넷째, 무역유관기관들은 빠른 시일안에 은행지급확약통일규칙(URBPO)에 관한 지식의 습득이 요구되며 제도적으로 신속하게 확산될 수 있도록 글로벌 차원의 노력이 필요하다. 이와 함께 참여은행들에게는 거래 수수료에 대한 충분한 보상도 이루어져야 한다.

• 한국건설관리학회:학술대회논문집
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• 한국건설관리학회 2003년도 학술대회지
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• pp.373-378
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• 2003

최근 우리 해외건설시장은 이라크전쟁 발발 둥에 의한 외적요인과 수주경쟁력 하락 등에 의한 내적요인으로 인해 해외 수주량이 격감되고 있을 뿐만 아니라, 수익성 악화라는 이중고에서 벗어나지 못하고 있다. 해외건설공사는 그 특성상 다양한 리스크를 포함하고 있을 뿐만 아니라 최근 수주비중이 크게 증가하고 있는 플랜트공사를 중심으로 보다 높은 수준의 관리능력을 요구하고 있기 때문에, 국내 건설업체들이 해외건설시장에서 생존하기 위해서는 입찰초기 단계에서부터 양호한 프로젝트를 선별하여 집중 수주하고, 리스크가 상대적으로 높은 프로젝트는 그 원인을 분석하여 계약서 등에 이를 완화시킬 수 있는 조항을 반영할 수 있는 지의 여부를 철저히 검증하는 전략을 수립할 필요가 있다. 따라서 본 연구에서는 국내건설업체가 참여한 해외건설공사 59건을 대상으로 수익성 영향인자를 도출하고 이들 간의 인과관계(cause-and-effect)를 계층화하여, 해외공사 참여자들이 공사 전(前) 단계에서 보다 체계적으로 리스크를 예측${\cdot}$분석할 수 있는 평가기준을 제공하고자 한다. 이러한 수익성 영향인자 계층구조는 해외건설공사를 수행하는데 있어 고려해야 할 수익성 인자들의 유형은 무엇이고 다양한 상위인자 및 하위인자들이 어떻게 관련되어 있는지를 나타내며, 또 계층구조를 정성적으로 분석함으로써 공사 관리자들이 중점 관리해야 하는 수익성 악화 요인과 이들 간의 관계를 유추할 수 있다.