• International conference on construction engineering and project management
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• 2005.10a
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• pp.469-473
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• 2005

Contract design plays a key role in the life cycle of BOT project. All project management activities and operation processes are arranged in consistence with the document of BOT contract which the public sector ensures that the respective roles and responsibilities set out in the contract are fully understood and fulfilled to the contracted performance criteria. With limited theories to deal with some fundamental issues of BOT contract design, we try to collect data from case studies and formulate several practical principles. The conclusions presented in this paper are analyzed from two cases, one is based on an early case in the United Kingdom, and the other based on the Taiwan High Speed Railway case. The purpose of this paper is not about covering all legal issues about BOT contract design, but rather, our work provides common considerations applicable to the contract parties of a broad range of BOT contracts. The results in this paper shall propose some fundamental principles of the BOT contract design.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.239-242
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• 2007

Many contractors have overlooked the construction contract general conditions and it was a bad construction practice. Today, construction project is very complex and complicated. This requires a networked contract document and results in a complicated contract conflict hardly to be solved. Therefore, to reduce the construction dispute and to enhance construction practice, clarification of definition of Owner, several conditions to be revised, insertion of design supervision were suggested in this paper.

• Korean Journal of Construction Engineering and Management
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• v.21 no.4
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• pp.82-89
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• 2020

Article 64 of the Enforcement Decree of the National Contract Act The requirement of the pre-amendment statute related to the adjustment of the contract price was 5% or more of the price fluctuation rate from the date of the contract. However, the meeting requirement was changed from 5% or more to 3% or more from the date of signing of the Presidential Decree No. 19035 to 2005. 9. 8. The method of adjusting the contract amount was also changed to determine the contractor's desired adjustment method at the time of contract. Alleviating these requirements and revising the empowerment of contract partners is intended to prevent difficulties in achieving smooth objectives by applying to public construction contractors without unfairly benefiting or unfavorable to contract partners. Even if the standards are relaxed and the rights are secured as described above, if the existing provisions for the adjustment of price fluctuation are applied, unlike the original purpose of the government system, the Korea Bank's price economic statistics classification method and the contract construction classification criteria applied in public construction work Due to the inconsistency, it can be seen that the amount of adjustment for price fluctuation by construction type is excessive and underestimated. Therefore, the purpose of this study is to analyze problems through cases and to make appropriate construction cost adjustment through improvement measures.

• Korea Trade Review
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• v.47 no.3
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• pp.129-139
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• 2022

Ethical issues in international trade will first need to be resolved through applicable public methods. However, considering that there is a party who produced and manufactured the goods, that is, a seller, and a buyer who purchased the goods, the area of the public law is now a matter of private law. Since the CISG does not mention the term 'ethics' in the full text, an ethical consideration is needed to interpret using existing provisions. In addition, a review of the validity, explicit and implied conditions, trade usages, or established practices between the parties through the CISG shows that ethical issues between the trading parties subject to the CISG may constitute part of the sales contract. Ethical hardship in the process of implementing the contract can also be seen as a impediment in the CISG. However, the safe way for a party to avoid disputes is to explicitly insert a contract clause incorporating ethical standards in the contract or add related terms and conditions and codes of ethics.

• Journal of the military operations research society of Korea
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• v.34 no.3
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• pp.13-29
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• 2008

The purpose of this study is to propose a model of the contract type and contract category in the process of programs in each stage which is the procurement by defence improvement program of a large long term programs. When requiring the contract, contractor confirms the contract type and contract category of the review the contract in bulk, separate contract by repeatedly. For the study of improvement method we used previous research paper, reports of DAP A and KIDA, laws of contract and other several materials. and we also applied the rational contract type and contract category for the general mass production program weapon system based on the analysis of contract states concluded with DAPA and old-DAPA, and collect the public opinions of the defense industry.

• Korean Journal of Construction Engineering and Management
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• v.21 no.5
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• pp.3-10
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• 2020

Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

• Korean Journal of Construction Engineering and Management
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• v.6 no.5 s.27
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• pp.177-185
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• 2005

Construction uncertainties are frequently exposed to the claims. In most cases, an interpretation of the claims is based on the construction contract. Therefore, the key points of contract negotiation are how to fairly distribute the contract risks to the client and contractor. For these, a FIDIC that is considered as an international standard contract form would be a good reference to decide reasonable contract risk distribution. In order to find out any unreasonable and unfair contract clauses at the general conditions of contract applying generally to public construction project in Korea, this study surveys, analyses and evaluates the general conditions of contract based on a FIDIC, and then proposes a risk mitigation methodology to response those clauses' risk factors reasonably.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.544-548
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• 2021

Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

• Korean Security Journal
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• no.12
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• pp.309-333
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• 2006

These days, the majority of public service area presents increment of utilizing a contracting-out with the following reasons such as cost-efficiency, maintenance of population changes in flexible manner, and convenience of management. The social changes have influence on policing structure and regional security system as well as problems associated with accepting the contracting-out in the public policing sector. However, many issues such as limited contracting-out sector, difficulty of encouragement of participation to private sector, and limitation of making a contract with contracting-out would be brought up when initiate contracting-out to the public policing sector. Changing security system to lower budget, planning restructure of organization, developing alterable partial contracting-out, establishing private and public cooperate system and rationalizing contract system are the suggestions to solve and modify the raising problems. This study suggests a differentiate regulation of policing services compare to currently existing contracting-out method to consider a distinctive working environment. The suggestions are as follows: 1. develop a security segregate model, 2. build a cooperative system between private and public policing sector, 3. broaden opportunity of participation of private policing sector, 4. open-competition among qualified private tender to make a contract. The private contracting-out in the public security service sector should be manage in different manner compare to other private contracting-out in government-oriented public service sector. Since work performance of each private contracting-out agency is strongly bond to safety of every civilian in the nation, it is essential to increase its standard of qualification of each agency.

• Proceedings of the SAREK Conference
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• 2005.06a
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• pp.173-173
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• 2005