• Korean Journal of Construction Engineering and Management
• /
• v.8 no.5
• /
• pp.101-108
• /
• 2007

To execute a construction project, many construction participants are engaged in the project. Especially many subcontactors role is very important, but their contract statute seems weaker rather than prime contractor. So to protect the subcontractor and to activate fair subcontract, Fair Transactions in Subcontracting Act was enacted. Direct payment to subcontractor clause of the act can protect subcontractor from the fear of insolvency of prime contractor, on the other hand can cause dispute about the interpretation of defect liability. Therefore the positive act and regulation were examined, and the effects of direct payment to subcontractor were analyzed. And the treatment direction of direct payment were suggested in this paper. Summary is as follows; (1) Statute of subcontractor for the ordering subject must be considered (2) Contract relationship must be reflected in the performance bond, subcontract bond, and subcontract construction conditions (3) To clarify the defect liability for the direct payment, retainage to guarantee the repair during contract period may be reflect on the subcontract construction conditions.

• Journal of the Korean association of regional geographers
• /
• v.1 no.1
• /
• pp.23-43
• /
• 1995

This paper is the first part of a research which looks into the regional development process and the quality of life of Youngnam area, and which suggests a prospect and tasks for the future development of the region. Youngnam region has grown rapidly on the basis of labor-intensive light industries and standardized Fordist lage-scale heavy industries through the industrialization and urbanization of South Korea from the 1960s; but recently it has shown a relatively downward trend. The recent economic stagnation of Youngnam region can be seen as a result of uneven regional development in the national scale, which has brought out the increasing subcontracting relation within the region, the geographically excessive concentration of firms, the lack of growth potentiality of high-tech industries, the weakness of producer service, and the shortage of financial activities for capital flows. In addition, construction of physical and social infrastructures and management of urban central functions could not meet properly the rapid economic and urban growth of the region. Because of these problematics inherent in the economy of Yougnam region, the occupational status of regional dwellers is more or less unstable, and the wage level of employee as a whole in Youngnam region is lower than those of Seoul, although the wage level of labourers in manufacturing is relatively high. Moreover, the quality of life of dwellers in the region has some difficulties in the use of resources and ecological environment as well as the unequal provision of means of living and welfare facilities, even though it has been improved materially.

• Journal of Arbitration Studies
• /
• v.32 no.4
• /
• pp.53-85
• /
• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• Journal of Venture Innovation
• /
• v.5 no.4
• /
• pp.109-115
• /
• 2022

As the 4th industrial revolution progresses, foreign countries are promoting smart manufacturing innovation through digital transformation as a priority task early on to secure a competitive edge in the manufacturing industry. In response, the Korean government is also promoting a policy to enhance the competitiveness of small and medium-sized manufacturing companies by promoting digital transformation in the corporate sector to meet the global trend of the 4th industrial revolution era. Manufacturing powerhouses such as Germany and Japan see manufacturing as a key sector in digital transformation and are leading related policies, while emerging countries such as China are also promoting manufacturing innovation strategies such as building digital infrastructure and creating a digital innovation ecosystem. Korea is promoting the 'Korean-style smart factory dissemination and expansion strategy' by transforming Germany's manufacturing innovation strategy for smart factory supply to suit the domestic situation. However, the policy to supply smart factories so far has been conducted with support from individual companies under the leadership of the government, and most of the smart factories are at the basic level, and it is evaluated that there are limitations such as the lack of manpower to operate smart factories. In addition, while the current policy focuses on expanding the supply of smart factories in SMEs, it is necessary to establish a smart manufacturing system through linkages between large and small businesses in order to achieve the original goal of establishing a smart manufacturing system. Therefore, it can be said that from the standpoint of small and medium-sized enterprises (SMEs), who are consumers of smart factories, it can be said that the digital transformation policy can achieve the expected results only when appropriate incentives are provided for the introduction of smart factories in a situation where management resources such as funds, technology, and human resources are lacking. In addition, it is judged that the uncertainty of the performance of digital investment always exists, and as long as large and small companies are maintained as an ecosystem of delivery and subcontracting, there is very little incentive for small and medium-sized manufacturing companies to voluntarily invest in or advance digital transformation. Therefore, the digital transformation policy of small and medium-sized manufacturing companies in the future has practical significance in that it suggests that there is a need to seek ways to attract SMEs' digital-related voluntary investment.