• Journal of the Korea Institute of Building Construction
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• v.13 no.3
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• pp.263-271
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• 2013

Change orders have been widespread in both the private and public construction sectors. In particular, in the case of G2B (Government to Business) contracts, adjustment of contract price and/or schedule extension is a frequent occurrence due to change orders. To uncover the causes of change orders and suggest an appropriate strategy, this study analyzed 296 cases of change orders in military facility construction projects from 2008 to 2010. The analysis revealed that the major causes of change orders are users' additional requirements (28.38%), a change of finishing materials (23.99%), and change of footing type (17.57%), in that order. Building on the results of this analysis, the authors suggest plans for practical improvements. Specific recommendations include 1) reflect user requirements at the early stage, 2) minimize the use of additional budget due to change orders, and 3) reduce the process and time for contract amendment, among others. The results of this study may provide significant implications to those involved in military construction projects, particularly project owners (i.e., the Ministry of Defense) and contractors.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.3-34
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• 2005

This thesis is in focus on keeping int'l businessman in mind application of CISG to perform smoothly in the their oversea's trade in accordance with taking effect on ratification of it from first, March, 2005. First of all, they have to keep in mind that it is possible to fall within the sphere of application of CISG of their contracts made between parties whose places of business are in different countries or although they have their places of business in different contracting states, if rules of private int'l law imply or express to the application of law of contracting state. Therefore in order to avoid confusion about whether apply or not, it is necessary to customize application of CISG as a proper law of their contracts. If so, they can avoid problem of requirements as to forms and any other requirement as to forms. Secondly they must attend the use of the legislative history of CISG and the use of the int'l case law and various scholarly thesises that studied on CISG such as information of Institute of Int'l Commercial Law under School of Law, PACE University. If so, problems which can give a rise in connection with interpretation of a basic and important terminology of CISG will be successfully conquest. In addition to above mentioned attentiveness, they must keeping in mind that various problems in connection with application of provisions of CISG can give their oversea's business a obstacle. buy the way of precaution against this case, they have to collect and analyze various materials about CISG.

• Journal of the Korea Society for Simulation
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• v.28 no.3
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• pp.57-63
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• 2019

This study suggests the level of guaranteed reserves that should be accumulated in order to provide guaranteed interest contracts to pension members. To calculate the guaranteed reserve, this study employs the method using variable insurance contracts with guaranteed interest options. The average return of three major pensions (national pension, private teacher's pension, civil servants pension) funds, from 2010 to 2018, is set as the target rate of return and then we establish 0%, 1.0%, 1.5% and 2.0% each as our minimum guaranteed returns for their respective guaranteed reserves. Our results firstly show that gaps between each guaranteed reserves are increasing as times goes on. Second, the probability of shortfall reserve is on the decrease as the pension fund is mature. Conclusively, a long-term conservative balance between risk and return is one of the best investing strategies in pension funds providing the guaranteed interest.

• Journal of Convergence for Information Technology
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• v.11 no.2
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• pp.31-40
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• 2021

Blockchain technology is also actively studied in the real estate transaction field, and real estate transactions have various ways. In this paper, we propose a model that simplifies the authentication procedure of auction systems using Ethereum's Ether to solve the problem of offline court auctions. The proposed model is written in Ethereum's Solidity language, the court registers the sale date and the sale date with the DApp browser, and the bidder accesses the address of the individual's wallet created through Metamask's private key. The bidder then selects the desired sale and enters the bid price amount to participate in the auction. The bidder's record of the highest bid price for the sale he wants is written on the Ethereum test network as a smart contract. and creates a block. Finally, smart contracts written on the network are distributed by the court auction manager to all nodes in the blockchain network, and each node in the blockchain network can be viewed and contract verified. As a result of analyzing the smart contracts of the proposed model and the performance of the system, there are fees incurred due to the creation and use of Ether on platforms using Ethereum, and participation. Ether's changes in value affect the price of the sale, resulting in inconsistent fees in smart contracts each time. However, in future work, we issue our own tokens to solve the market volatility problem and commission problem with the value change of Ether, and refine complex court auction systems.

• Korean Security Journal
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• no.18
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• pp.119-141
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• 2009

Administrative execution by proxy is one of forced executions of administration and is also called as "enforced execution by proxy" in which administration institutions or the third party executes by proxy on behalf of parties who did not execute obligations under administration law and files claims to compensate expenses required in the proxy execution. Despite the actual site of administrative execution by law, social problems are generated because various violence and behaviors of infringement of human rights between executer and obligator are rampant and thus causing human damages since forced execution by physical force is carried out and cases of police indictments and petition to human rights committee are gradually increasing. Majority of people mobilized in this actual site of violence are supplied by private security companies which provide service contract and mobilization of people without qualification of guards or security service and irrational execution by proxy and violent actions by so-called service hooligans connected to violence organizations are now becoming social issues. In these actual sites of violence, structurally very complicated problems such as economic rights, right of residence, struggle for living, and intervention by outsiders are contained. This thesis has analyzed causes of outbreaks of violence and discussed about improvement countermeasure by paying attention to mobilization of people by private security companies. As the result, through revision and improvement of laws and systems, execution institution and policemen must be present at actual sites of execution by proxy to control physical execution of private security companies to be carried out legally and when violent collisions are occurring, it shall be stipulated that police should immediately intervene. Practices of execution by proxy of execution administration institutions shall be avoided and causes of occurrences of violence shall be eliminated by discrete decisions of execution by proxy, elimination of service contract conditions focused on accomplishments, and stipulation of responsibility of execution institutions when problems occur. Practices of solving petitions through collective actions of obligators shall be eliminated and strict enforcement of laws such as disturbance of official execution or compensation claims for expenses of execution by proxy must be carried out and intervention by the third parties must be intercepted. Mobilization of manpower by security companies shall be limited to people with prior registration who have acquired and finished qualification and education by security business law and before putting them on actual sites, it shall be obliged that execution plan with clear written records of working location, mission, and work rules must be submitted in advance to police station in charge and also they must be controlled to follow laws and statutes such as uniform and equipments. In addition, personal criminal responsibility for violent actions must be clearly stipulated and advanced securing soundness of security companies such as limits of service contracts with records of accidents is required. Order placement behaviors of special organizations under the pretext of rehabilitation business must be eradicated and companies with capability and strong intention of observation of laws must be able to receive orders by intercepting chains of contracts and sub-contracts. Issues of improvement countermeasure of social problem, living, and compensation including rights of residence and environment are excluded from the discussion.

• Journal of Preventive Medicine and Public Health
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• v.49 no.2
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• pp.118-128
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• 2016

Objectives: The purposes of this study were to examine the status of children and adolescents with regard to enrollment in private medical insurance (PMI) and to investigate its influence on their utilization of medical services. Methods: The present study assessed 2973 subjects younger than 19 years of age who participated in five consecutive Korea Health Panel surveys from 2009 to 2012. Results: At the initial assessment, less than 20% of the study population had not enrolled in any PMI program, but this proportion decreased over time. Additionally, the number of subjects with more than two policies increased, the proportions of holders of indemnity-type only ('I'-only) and of fixed amount+indemnity-type ('F+I') increased, whereas the proportion of holders with fixed amount-type only ('F'-only) decreased. Compared with subjects without private insurance, PMI policyholders were more likely to use outpatient and emergency services, and the number of policies was proportionately related to inpatient service utilization. Regarding outpatient care, subjects with 'F'-only PMI used these services more often than did uninsured subjects (odds ratio [OR], 1.69), whereas subjects with 'I'-only PMI or 'F+I' PMI utilized a broad range of inpatient, outpatient, and emergency services relative to uninsured subjects (ORs for 'I'-only: 1.39, 1.63, and 1.38, respectively; ORs for 'F+I': 1.67, 2.09, and 1.37, respectively). Conclusions: The findings suggest public policy approaches to standardizing PMI contracts, reform in calculation of premiums in PMI, re-examination regarding indemnity insurance products, and mutual control mechanisms to mediate between national health insurance services and private insurers are required.

• Journal of Digital Convergence
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• v.14 no.3
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• pp.25-33
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• 2016

The author of this study conducted a survey with the expert groups who are currently handling hands-on works in convergence cities, ordering organizations, construction management companies, contractors, schools and research institutes, etc. The results of empirical analysis can be summarized as follows: First, there is no difference in distribution among the problems with position and the bidding system of private contracts. Second, there is relevance between position and the adequacy of current design VE ordering system, indicating different recognition. Third, there is no difference in distribution between organizations and the adequacy of current design VE ordering system. Fourth, there is difference in distribution between organizations and service price adequacy and there is difference in recognition by organization when organizations mutually recognize the service price adequacy. Fifth, there is difference in distribution between career and the necessity of the participating companies' qualification. Sixth, there is difference in distribution for the adequacy of career and the adequacy of participating companies' requirements. No problems have been found with the adequate service period according to private contract bidding system, but the necessity of participating companies' qualification and participating companies' requirements.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.30
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• pp.91-120
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• 2006

An Arbitration agreement is one kind of contracts between two or more contracting parties; any possible disputes that arise concerning a contract will be settled by arbitration. Contracting parties who have made a valid arbitration agreement will submit a dispute for settlement to private persons(arbitrators) instead of to a court. Arbitration may depend upon the agreement of the private parties, but it is also a system which has been built on the law and which relies upon that law in order to make it effective both nationally and internationally. That is to say, arbitration is wholly dependent on the underlying support of the court. The complementarity of the courts and of the arbitrators is a well-established fact; they seek for the common purpose, the efficacy of international commercial arbitration. Most states' laws contain the provisions which have been set for the supportive role of the courts relating to arbitration; (1) the enforcement of the arbitration agreement(rulings on validity of the arbitration agreement), and the establishment of the tribunal at the beginning of the arbitration, (2) challenge of arbitrators, interim measures, and intervention during evidence in the middle of the arbitral proceedings, (3) filing of the award, challenge of the arbitral award, and recognition and enforcement of the arbitral award at the end of the arbitration. Most international instruments and national laws concerning arbitration believe that authoritative courts should play their power not to control and supervise arbitration but to support and develop the merits of arbitration at most. 1985 UNCITRAL Model Law also expressly limit the scope of court's intervention to assist arbitration, not to control it.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.8
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• pp.421-431
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• 2021

This study investigates the empirical linkages between ASEAN countries' institutional quality and financial inclusion using country data from 2008-2019. In this paper, six governance indicators from the World Governance index are used to measure the impact of institutions on financial inclusion. The PCA method's financial inclusion index is constructed from 3 indicators: penetration, access, and usage: penetration, access, and usage with six indices respectively as the number of ATMs per 1000 km², the number of bank branches per 1000 km², the number of ATMs per 100,000 people and the number of bank branches for 100,000 adults, the ratio of credit to private to GDP, and the ratio of deposit to private to GDP. Regression analysis with the Generalized Moments method shows the positive impact of institutions and other control variables like GDP per capita, inflation, bank concentration, and human development index on financial inclusion. Therefore, this study recommends that the government and policymakers in countries pursue the financial inclusion agenda to pay attention to the financial and economic indicators and institutional factors. This is because many savers, borrowers, and investors may not be protected when financial contracts are enforced or breaches occur in an environment where economic, legal, judicial, and political institutions are weak, such as in ASEAN countries.

• Industry Promotion Research
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• v.9 no.2
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• pp.69-75
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• 2024

Korea has entered the ranks of advanced countries in terms of economic size and technological competitiveness. However, its industrial accident fatality rate remains among the lowest in OECD countries, and recent incidents such as various building collapses have resulted in numerous deaths of workers or citizens, reminiscent of accidents in developing countries. According to the 2022 Industrial Accident Status Analysis by the Ministry of Employment and Labor, out of the 874 fatalities in work-related accidents in 2022 across all industries, 402 were in the construction industry, accounting for approximately 46% of all fatalities. In particular, the construction industry's fatality rate stands at 1.61, significantly higher than the overall industry fatality rate of 0.43, indicating its severity. Construction ranks highest in terms of fatality rates, with mining at 12.18 and fishing at 1.80. When categorizing construction projects into private and public, private projects show significantly higher figures in terms of contracts, contract amounts, accident numbers, and fatalities compared to public projects. However, unlike public agencies, many private clients lack adequate safety and health activities and lack established safety and health systems. This study aims to raise awareness among private clients about the need to establish safety and health systems and enhance safety and health activities, and to discuss the direction of future development of advanced safety and health practices among private clients.