• Title/Summary/Keyword: main causes of claims

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The Process of Identifying the Responsibility Party of Caused Delay Claim by Ambiguity of the Conditions of the Contract (계약 조항의 애매모호성에 의해서 발생되는 공기지연 클레임의 책임 당사자 확인 프로세스)

  • Lee, Chijoo;Kwan, Taewook;Koh, Hoonsuk
    • Journal of the Korea Institute of Building Construction
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    • v.20 no.6
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    • pp.527-535
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    • 2020
  • This study analyzed main causes of claims in EPC/Turnkey projects. For this purpose, this study referred to the FIDIC silver book, which lists the international standard contract conditions for EPC/Turnkey projects. The most frequent cause of claim was delay. A process was then proposed to determine whether the owner or contractor was the responsible party when the delay claim occurred. The proposed process was for damages for delay which is the conditions of contract for indemnities against delay claim. The process was based on conditions of the contract of two previous EPC/Turnkey projects that were constructed in 2010, the FIDIC silver book, as well as the obligations of owner and contactors. The proposed process is applicable depending on the conditions of the contract and the owner's meaning. Furthermore, by identifying the responsible party, this study will contribute in identifying the possible claim types before concluding a contract and writing the specific contract.

Forecasting the Effects of the Claims in the Korean Construction Industry (국내 중재사례를 통한 주요 건설 클레임 예측 방안)

  • Kim, Jihye;Im, Haekyung;Choi, Jaehyun
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.5
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    • pp.35-44
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    • 2016
  • Various risk factors are known to be the nature of construction project execution process. These factors lead to potential claims, dispute mediation, arbitration, and litigation which can result in huge loss of money and time. Therefore, it is necessary for construction companies in Korea to improve overall project management capability through the evaluation before entering into the overseas construction market. Also, after examination of the claim and dispute caused by construction project risks, a substantial degree of influence and active preparation for the claim and dispute management should be confirmed via the effect analysis of the each factors. Main claim causes were derived through claim and dispute cases involved with domestic construction projects. As a prediction result of the main claim, 16.1% of the construction change claim, 5.7% of the bad faith claim and 2.7% for the construction delay claim were found to be the portion of the total construction cost. As a result of this analysis, risk management methodology was suggested to improve a project management capability for domestic construction companies through analysis result of the main factors of construction claims.

Consumer Perception Survey for the Improvement of Nutrition Labeling (Nutrition Comparative Claim) on Sodium Content (가공식품의 나트륨함량표시 개선을 위한 소비자 인식도 조사)

  • Kang, Eun-Jin;Lee, Hwa Jung;Hwang, Kyung Mi;Koo, Yong Eui;Kim, Gun-Hee
    • Journal of the Korean Society of Food Culture
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    • v.32 no.3
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    • pp.244-257
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    • 2017
  • Nutrition labeling can provide information in order for people to select products suitable for their own health, and sodium content labeling for processed foods is important since sodium is one of the main causes of cardiac diseases. This study had carried out to propose the desirable sodium content labeling by conducting surveys on the awareness of sodium content in processed foods, understanding of sodium content labeling, and requirements for new sodium comparative claims. The survey period was from 12th of September, 2016 through the 24th, during which a self-administered questionnaire survey was given to 1,003 persons through demographic quota sampling by age and region. As a result of the survey, 66.0% of respondents assuring nutrition labeling answered they check sodium content labeling, whereas 83.2% were aware of excessive intake of sodium having a negative effect on health. Exactly 49.9% of respondents answered that the current system for nutrition labeling on processed foods does not help one to understand the content of sodium, whereas 72.9% answered they wanted to compare sodium contents with those of other products when buying or taking processed foods. As 92.5% cited the importance of sodium comparative claims made by processed foods, preparation of a new system for food labeling should be considered by which consumers can easily compare sodium contents with those of other similar products.

The Research Methodology of Korean Commercial Arbitration in the Discipline-Fusion Perspective (한국 상사중재의 연구방법론 : 학문융합적 관점을 중심으로)

  • Chung, Yong-Kyun
    • International Commerce and Information Review
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    • v.13 no.2
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    • pp.151-176
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    • 2011
  • The main objective of this study is twofold. The first is to investigate the main currents of Korean commercial arbitration. The second is to investigate the research methodology of Korean commercial arbitration in the perspective of disciplinary fusion perspective. The main findings of Korean commercial arbitration are as follows: first, the incidence of commercial arbitration increased in the Korean Commercial Arbitration Board during the period of 2006-2010, second, the primary causes of trade claims are disputes related with payment and those related with sales contracts, third and finally, the number of countries seeking to resolve disputes through arbitration has increased, including European countries. In this setting, it is necessary to investigate commercial arbitration through the inter-disciplinary perspectives. This study suggests that there are five research methodologies of commercial arbitration. They are legal theory related methodology, institutional methodology, cultural methodology, causal methodology and empirical methodology. Traditionally, the legal profession leads the field of commercial arbitration. However, it is necessary to introduce other elements to the field of commercial arbitration. This study highlights the disciplinary fusion approach among five research methodologies of commercial arbitration.

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A Study on the Death Cause of the Insured People in Our Company for Recent Three years (최근(最近) 삼년간(三年間) 당사(當社)의 생명보험(生命保險) 가입자(加入者)에 대(對)한 사망현황(死亡現況) 조사(調査))

  • Kim, Dong-Hoon;Ko, Choul-Soo;Kim, Kang-Sueck
    • The Journal of the Korean life insurance medical association
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    • v.3 no.1
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    • pp.269-273
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    • 1986
  • We have examined 5,304 cases of claims by death that had occured for recent three years from January, 1983 to November, 1985 in Dae han kyoyuk Ins. Co. As a result, we came to following conclusions: 1. The total numbers of the deaths are increased for three years, but the deaths, classifying by medical examinations are decreased. 2. The great part of the death were due to Accident death(27.7%), occupied Number 1, malignant neoplasm(23.9%) Number 2 and Circulatory system disease(23.9%), which were the main canses of death in the insured people. 3. With age, section ranging from 30-39 years of death cases took extremely large portions by 35.2%. 4. For the period elapsed, the deaths within 2 years to ander 3 years, 18.6%, above 6 years, 18.6%, thus the period elapsed was longer more and more as years go. 5. By the deaths of malignant neoplasm, hepatoma in male and gastric cancer in female were important causes of death.

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Differentiated Community of Scientists and Engineers in Korea (이공계 기피 논의를 통해 본 한국 과학기술자 사회의 특성)

  • Lee, Eun-Kyoung
    • Journal of Science and Technology Studies
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    • v.6 no.2 s.12
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    • pp.77-102
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    • 2006
  • This paper analyzes shaping of the discourse of "avoidance of S&T" throughout 2002 in Korea and main ideas on it and argues that the Korean S&T community is not homogeneous. The Korean S&T community consists of many subgroups with different interest mainly according to the institutions where they work as well as their specialties, qualifications, and tasks. The discourse of avoidance of S&T" was begun with the first notice of the rapid decrease in applications of Korean SAT for S&T majors in the middle of 2001. The decrease was interpreted as a warning sign of the avoidance of S&T among teenagers and developed into the avalanche of discussions on the causes of such rapid decrease around the end of the year. However, through 2002, the "avoidance of S&T' was developed into a general policy agenda covering most of problems in S&T, not just a teenagers' issue any more. Many scientists and engineers claimed that their own difficulties and problems be the main causes of the "avoidance of S&T". In the name of measures to overcome the avoidance, they requested the government to solve their problems and to accept their demands. Those claims varied from group to group. Some of them were shared among all scientists and engineers; some of them were criticized by other groups with different interest in it; some of them did not get any attention of other groups. Scientists and engineers seemed to have no idea on cooperative strategy to draw positive response to their requests from the government.

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Regional Difference of Health Care Utilitzation in Korea (의료이용의 지역간 격차 -3차성 내과계 진단군을 중심으로-)

  • 신영전;이원영;문옥륜
    • Health Policy and Management
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    • v.9 no.1
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    • pp.72-109
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    • 1999
  • This study is conducted to investigate the current status on the utilization of health care and plan for solving this problem. The claims data of the fiscal tear 1995 obtained from the regional health insurance society are used for the study. The main findings of the study are summarized as follows. Indexes(The Extremal Quotient(EQ), coefficients of variance(CV's))which represent the regional difference in the admission rate of the tertiary medical diagnosis group report that there is difference in quantity and quality of utilization of health care. The admission rate is lower in the big city areas, Kyoungkido, Kangwondo and Chunlapukdo. Even after age-sex adjustment, the admission rate is still low in Kangwondo, Chunlapukdo and Kyoungsangpukdo. The big city areas tend to have higher rates in the expenses per claim, hospital days per claim, and daily expenses but the rates are still low in some area in Kangwondo, Chunlanamdo and Kyoungsangpukdo. This result remains as same after age-sex adjustment. There is a large regional difference in average utilization rate for the tertiary hospital of the tertiary medical diagnosis group: 57.2%(SD 11.53). The utilization rates for the tertiary hospital in their large catchment area are 96.34%, 83.19% and 73.22% in each Kyoungin, Kyoungnam and Kyoungpuk areas whereas it is lower in a Chungpuk and Chungnam areas. The regional differences of health care utilization of the tertiary medical diagnosis group gave some relationships with their geographical characteristics such as socio-economic characteristics and supply factors of medical services. It is important that many medical policies should be developed in order to minimize and balance out the regional differences of health care utilization. The service allocation policy should include the reconstruction of manpower policy, developing the resource allocating formula, finding the self-sufficient catchment area and reforcing of public health services. Moreover, in order to achieve the balanced development by region, they should investigate and consider each county's microscopic properties under the consistent macrocopic policy. The further studies to find causes of regional difference are needed.

An Administration Model for Causes of Delay in Construction Projects to Decide Time Extension Responsibility (건설공사 공기연장 책임구분을 위한 지연사유 관리 모델)

  • Kim, Jong-Han;Kim, Kyung-Rai;Han, Ju-Yeoun
    • Korean Journal of Construction Engineering and Management
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    • v.12 no.6
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    • pp.31-41
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    • 2011
  • Since the cases of time extension have continuously transpired in the public construction project, the potential of economical loss and claims is increasing because the concerned parties such as an owner or a contractor have not properly performed their own responsibility for time extension. One of the main reasons is that the present planning and scheduling do not support the method to apportion the proper responsibility to the right party. This problem has repeatedly led to time extension and made it difficult for the concerned parties to perform the responsibility for time extension. In order to overcome this problem, a framework of delay administration is required as the method to apportion the proper responsibility to the right party. To solve this problem, this paper aimed to develop the conceptual model and prototype system as the practical method to administrate delay causation. Furthermore, the verification result for the reliability and applicability throughout the case studies on real construction projects shows that the conceptual model and prototype system developed would help efficiently to administrate the delay causation.

Aristotle's View on the Status of Women (여성의 위상에 대한 아리스토텔레스의 견해)

  • Yoo, Weon-ki
    • Journal of Korean Philosophical Society
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    • v.126
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    • pp.159-190
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    • 2013
  • Feminist critics have criticized Aristotle as a sexist, misogynist, male chauvinist or masculinist, or, at least, their chief spokesman. Indeed, he says in the Politics that the male is by nature superior to the female and, also, that women possess the same deliberative part of the soul as men, but without authority, etc. In the Generation of Animals, he claims that the male supplies the form and the efficient cause, whereas the female supplies the material cause only in reproduction and describes the female as a mutilated being. When these remarks of Aristotle are read without considering their overall context, it hardly seems possible for him to escape from such severe criticism and condemnation. On the contrary, in what follows, I shall claim that the criticism and condemnation that has been ascribed to him is unfair. Although it is undeniable that Aristotle has made such remarks, it does not immediately follow that he was a sexist. In particular, I shall show his view on the status of men and women by analysing the value of matter and form ascribed in two of his main philosophical theories, the theories of hylomorphism and four causes. In consequence, we shall arrive at the conclusion that, since the theories do not imply the significance or necessity of either form or matter alone, but of both, there is no sign of sexism or misogyny or male chauvinism in Aristotle.