• Title/Summary/Keyword: 건설직접의무제도

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Analysis of the Impact of the Expansion of Direct Construction Works and Suggestions on the Application (직접시공 확대의 영향 분석 및 직접시공의무제도 적용을 위한 대응방안 제언)

  • Lee, Meesung;Kim, Siyeon;Yu, Ilhan;Han, Ju-yeon;Son, JeongWook
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.6
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    • pp.15-23
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    • 2021
  • As the construction production system is reorganized as part of the construction industry innovation plan, direct construction is expanding. According to this trend, this study analyzed the impact and problems of the expansion of direct construction through the position of the construction industry and a study of foreign cases. In addition, by diagnosing the impact of the measures to expand direct construction from various aspects, countermeasures were suggested to suitably apply the direct construction mandatory system. Also, for each alternative, effects and problems were evaluated through interviews with experts in policy/administrative and architecture fields. The alternatives for expanding and improving the efficiency of the direct construction mandatory system derived from this study are four items: granting the discretion of the client, differentiation by scale of construction, utilization of construction guarantee system, and introduction of flexible working group leader system. As a result of the expert interview, all of them were evaluated to have a positive impact directly and indirectly on the expansion of direct construction. This study contributes literature to the application of the direct construction mandatory system by examining the current status of direct construction, and suggests a direction for expanding direct construction through deduction of alternatives for applying the direct construction mandatory system and expert evaluation.

Current Status and Problems of Direct Construction Mandatory System under the Framework Act on Construction Industry (건설산업기본법 상 직접시공의무제도의 현황과 문제점 - 제도 개선방안을 중심으로 -)

  • Ju, Sungjin;Shin, Manjoong
    • Korean Journal of Construction Engineering and Management
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    • v.23 no.6
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    • pp.43-53
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    • 2022
  • In many cases, the construction industry in Korea has a hierarchical structure in which a general contractor in charge of the entire project is subcontracted from the client and entrusts the construction to a specialty contractor in charge of detailed work types. In this structure, the general contractor manages and takes responsibility for the entire construction, but the person directly involved in the construction is an individual specialty contractor, so the quality and safety of the facilities will vary according to their construction and management capabilities. In order to solve quality and safety problems that may arise due to the difference between the person receiving the order for construction and the person who actually constructs it, it is necessary to let the person who receives the order perform the construction directly for projects under a certain amount. The system introduced for this purpose is the direct construction mandatory system. As described above, although this system was introduced to prevent bad construction and risk transfer, it is a system that has various problems due to the characteristics of the domestic construction industry, institutional limitations, and practical problems, so it is necessary to improve it legally and institutionally.

공정거래위원회 하도급대금 직불 운영지침 마련 - 하도급대금 직접지급의무 위반 때에는 발주기관장에 시정 명령

  • 대한설비건설협회
    • 월간 기계설비
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    • s.122
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    • pp.20-23
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    • 2000
  • 공정거래위원회는 지난 8월 16일 하도급대금 직접지급제도 운영지침을 마련하고 시행에 들어갔다. 이에 따라 구청$\cdot$교육청 등 행정기관에서 하도급대금 직접지급 의무를 위반하게 되면 해당 행정기관장이 시정명령을 받게 되며, 발주자의 하도급대금 직접지급의무는 수급사업자의 직접지급요청이 발주자에게 도달한 때를 기준으로 하고, 직접지급요청에 특별한 방식을 요하는 것이 아니라 요청의 존재를 입증할 만한 증거가 있으면 되게 했다. 또 공정거래위원회는 하도급대금의 직접자금에 대한 발주자, 원사업자, 및 수급사업자간의 합의 여부를 판단하는데 있어 3자간의 명시적이고 동시적인 의사합치만이 유효한 것이 아니라 발주자 및 수급사업자가 직접지불에 대한 동의 등 어떤 형식으로든 인식하고 있는 묵시적$\cdot$순차적 합의도 인정하기로 했다.

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법령과 고시 - 건설산업기본법 개정

  • 대한기계설비건설협회
    • 월간 기계설비
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    • s.323
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    • pp.40-43
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    • 2017
  • 건설업 등록증 불법 대여와 무등록 건설업자 및 입찰담합 제재가 강화된 건설산업기본법 개정안이 공포됐다. 특히 불법 대여 건설업체와 공모하여 건설공사를 시공한 건축주도 처벌토록 했으며, 등록말소 처분을 받은 자의 건설업 재등록 가능연수를 10년으로 상향하는 등 불법행위 근절에 나섰다. 한편 공공기관이 현장에서 직적시공이 준수되고 있는지를 의무적으로 확인토록 하며 부실업체의 난립과 무분별한 하도급을 방지하기 위한 '직접 시공 제도'의 실효성을 확보한 것이 특징이다.

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법령과 고시 - 건설산업기본법 개정, 6월 30일부터 시행 - 부당특약금지 등 하도급자 보호규정 신설 등 협회 건의내용 반영 -

  • 대한설비건설협회
    • 월간 기계설비
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    • s.235
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    • pp.34-37
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    • 2010
  • "건설산업기본법"(법률 제9875호, 2009.12.29)이 개정 공포됨에 따라 $\triangle$하도급자의 계약상 이익을 제한하는 부당특약금지 규정 신설 $\triangle$하도급대금의 발주자 직접지급 의무대상 확대 $\triangle$지급기일 위반 시 과태료 부과규정 신설 등 하도급자의 보호규정이 새롭게 신설됐다. 대한설비건설협회는 그동안 회원사가 하도급계약 시 각종 부당특약과 불공정 하도급행위로 인해 경영상 많은 어려움을 겪음에 따라 국토해양부를 비롯한 관련부처에 부당특약과 불공정하도급행위 근절을 위한 제도개선을 지속적으로 건의한 결과 이번 건산법 개정안에 이같은 내용이 반영됐다. 이번에 개정된 건산법은 오는 6월 30일부터 적용되며, 주요 내용은 다음과 같다.

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Developing Response Plan for the Direct Buying System for SME's Construction Materials based on the Analysis of Material Procurement Management Load: Focused on the Owner Providing Public Apartment Housing (지급자재 조달관리부담 평가에 기초한 중소기업 공사용자재 직접구매제도 대응방안: 공공아파트를 공급하는 발주자를 중심으로)

  • Song, Sang-Hoon;Bang, Jong-Dae;Sohn, Jeong-Rak
    • Land and Housing Review
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    • v.4 no.4
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    • pp.425-434
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    • 2013
  • The Small and Medium Business Administration specified 123 construction materials mandatory to purchase directly and forced the public owners to provide the contractors with materials as required by related law. This study extensively reviewed various characteristics and management factors of the owner-providing materials consumed in the public apartment housing under Direct Buying System(DBS) from the public owner's perspective. Subsequently, the major managed materials were identified, and the proper response plan was developed along the material procurement process. The Procurement Management Load Indices (PMLI) of 43 materials were evaluated according to rating criteria with procurement path, project-specified level, user requirement level, supplier's responsibility, on-site work requirement, additional parts, and inspection standards. The tile and aluminum windows were classified in the group needing high-level procurement efforts to reduce the errors and ensure the efficiency. The accurate quantity estimation method, definite purchase details, management activity definition before and after production, additional quantity for rework, interference coordination were defined as the essential activities for effectively responding to DBS.

A Suggest on the Reclassification and Performance Criteria of Construction Material in Korean Public Procurement - Based on the Law of Purchasing Policy for Market Support of Small and Medium Business - (공공공사 직접구매 조달품목 재분류 및 성능기준 제안)

  • Yang, Jinkook;Choi, Yongho;Lee, Eunha;Lee, Sangbeom
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.3
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    • pp.31-37
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    • 2014
  • "The Law of purchasing policy for market support of small and medium business" was legislated to support small and medium industry by expanding purchase and revised consistently for the activation. And then the government made the public construction direct purchase compulsory about design items designated by president on small and medium business based on this law. However, secureing quality, tardiness and field material staff's heavy duty were arisen from approximately 120 direct market purchase items. The legislative intent of law is in accord with Win-Win growth between major company and small and medium business. However material staff who works in the field based on this law has difficulties with material securing quality, JIT(Just In Time), cost push. This study reclassified procurement items of "the direct market purchase system" reasonably and then suggested performance criteria for evaluation. The suggested result will contribute to vatalize the direct market purchase system.

Improvement Measures of Wage Payment System for Construction Skilled Workers (건설 기능인력의 임금 지급제도 개선방안)

  • Lee, Kun-Hyung;Son, Chang-Baek
    • Journal of the Korea Institute of Building Construction
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    • v.20 no.2
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    • pp.163-169
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    • 2020
  • Construction is a typical labor-dependent industry. However, problems related to wage payment, which directly affects the livelihood of workers, have caused other problems in maintaining skilled workers, such as increasing the turnover rate of skilled workers, resulting in a shortage of skilled workers. Against this backdrop, this study was conducted to develop measures to improve the conventional wage payment systems in order to prevent skilled workers from leaving their jobs and to maintain them as workers. It is necessary to make the registration of non-registered small-sized construction companies in Korea mandatory, and to introduce means by which construction companies that hire workers through non-registered agents can be penalized. In addition, the project bank account (PBA) system used in the domestic banking sector can be benchmarked in operating payment systems, an approach that is expected to effectively prevent delayed wage payments in the construction industry.

Exploring Possibilities of Social Integration in Inclusionary Housing: Focusing on Inclusionary Zoning in the United States (포용주택 공급을 통한 사회적 혼합 가능성 탐색 - 미국의 포용주택 제도를 중심으로 -)

  • Park, Miseon
    • Journal of the Korean Regional Science Association
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    • v.36 no.4
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    • pp.43-56
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    • 2020
  • This study aims to explore the possibilities of social integration focused on the inclusionary housing scheme developed in the United States. Inclusionary housing is produced by inclusionary zoning with planning power. One of the main goals of developing inclusionary housing is to achieve social integration in neighborhoods. The author investigates the origin, evolution, characteristics, and mechanism of the inclusionary housing scheme in the United States. Results show that the inclusionary housing scheme utilizes market mechanism such as the incentives of floor ratio bonus, fast tract permit approach as well as the affordability obligation for the low-income households. Considering the policy orientation in the United States toward market mechanism, the inclusionary housing program has played a significant role in producing and preserving affordable housing for the underprivileged in affluent neighborhoods and has produced meaningful results in academic achievements, better job outcomes, health results, and social interaction even though it has been also criticized with by its superficiality. Finally, the author draws policy implications for housing policy in Korea from the lessons and limitations of the inclusionary housing mechanism.