• Title/Summary/Keyword: 건설 분쟁

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The Study on the Sustainable Sharing Plans of Military Installations for a Civil Military Co-existence (민군상생을 위한 지속가능한 군사시설 공유방안 연구)

  • Park, Young Jun;Son, Kiyoung
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.2
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    • pp.110-117
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    • 2016
  • This paper shows procedure and strategies to improve military facilities and local residents' welfare through a civil-military sustainable cooperation project. Military installations tend to impede urban developments, so that a few civil compliant have been often filed. Meanwhile, it is sometimes impossible to relocate military units due to their own unique purpose, even though they belong to core sites of civil developments, which are generally indispensible due to urban expansion, magnified road networks and so on. The solution to offset these conflicts between civil and military demands, which are associated with military units and urbanization surrounding them, is to establish sustainable strategies which enable both civil and military be beneficial. In this study, it is described, decision making procedure to make some facilities of a military unit be better as well as promote local residents' welfare through securing high-quality sports facilities. Delphi-technique and Paired Comparison Method are used to collect civil and military opinions regarding sustainable agreements. As a case study, a civil military cooperation project between a military unit and a local government is introduced. With successful projects, it is expected that the better installations could lead positive images of a military unit, provide advanced athletic environments for both local residents and military personnels, and lessen defense cost to maintain them. Moreover, this project will go down as a paragon of civil military sustainable cooperation.

Evaluation for Applying Low-Cost Mobile Laser System to Earth Volume Calculation at Construction Site (건설현장에서의 토공량산출을 위한 저가형 모바일 레이저시스템의 적용성 평가)

  • Kim, In Seop
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.30 no.6_1
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    • pp.539-547
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    • 2012
  • Volume survey for earthwork is conducted periodically at every month at large scaled construction sites for request payment for the construction. Currently, the earthwork volume is calculated on the overlapped drawing for two cross sections which were created by new and previous surveying data observed by GPS and TS. However the survey is required lots of time and expenses as it is a pin-point surveying method thus surveyors intend to get data only for the heavy undulated topographic features chosen by himself to save time and expenses. Consequently, it causes poor results due to low dense measurement as well as it's not matched with the results by another surveyors. As a result, the conflicts related in earthwork volume calculation often arises among the owner, contractors and sub contractors. In this study, we developed a method to get surveying data for fast and accurate volume calculation using 3D Mobile Laser System and conducted an application test. Also we carried out experiments for topographic survey using MLS to judge for the application additionally. The results showed that we could reduce a time for cross section survey from 48 hours to 2 hours and collected high dense data which have 0.2m interval instead of 3m interval compare with existing method. Also we could make a map which has high accuracy within 10cm in horizontal through topographic survey using MLS.

A Proposal of Repair Cost Estimating Criteria for Persistent Defects in Apartment Houses

  • Lee, Hae-Jin;Lim, Nam-Gi
    • Journal of the Korea Institute of Building Construction
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    • v.11 no.6
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    • pp.597-608
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    • 2011
  • It has been often noted as a problem that as there are no objective and clear criteria for the repair cost estimate of persistent defects, when a claim arises in relation to an apartment construction, significantly different amounts of compensation may be given for similar defects based on the experience and tendencies of the construction experts asked to make a judgment. For this reason, this research aims to present defect managers with a more reasonable and objective estimation criteria and a system to determine the repair cost of defects based on an analysis of relevant factors. The research findings show that the historical cost system is applied first, and then a standard of estimation is used to estimate the cost for the items that are not included in the historical cost system. The criteria for the repair cost for each defect is as follows: the repair cost for defects arising from a regulation violation is determined by calculating the reconstruction cost of the parts in question after demolishing them; the repair cost for progressive defects is determined based on a contribution ratio proportional to the age of the building; the repair cost for repetitive defects is calculated by considering an alternative to maximize the intended function of the defective parts; and the repair cost for value depreciation defects is determined based on the ratio of the warranty period to the lapsed years. However, repair cost estimation for dual value depreciation defects should be studied in future research.

A Study on Method for Damage Calculation Caused by Bid Rigging in Alternative Tenders for Construction Projects -Utilizing the Difference of the Design Score & Bidding Rate as Factor - (건설공사 대안입찰 담합으로 인한 손해액 산정모델 연구 - 설계점수 및 투찰률 차이 인자 활용 -)

  • Min, Byeong-Uk;Park, Hyung-Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.38 no.5
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    • pp.741-749
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    • 2018
  • The purpose of this study is to propose a rational and scientific damage calculation model in relation to damages caused by bid rigging in construction projects. Previous studies and precedents in relation to calculating damages from bid rigging suggest that the main issue was the lack of consideration in standards for deciding successful bids, selection of inadequate standard comparative markets, insufficiency in analyzing the appropriateness of competitive bid price influence factors, and absence of calculation model verification. In order to improve on these issues, a damage calculation method on alternative tenders for construction projects was proposed. For this calculation model, first, a standard market adequate to the successful bid selection standards was determined, second, an appropriate factor was selected by analyzing the correlation between competitive bid price influence factors, and third, a regression analysis was conducted on the selected factor. Lastly, this was demonstrated through verification of appropriateness, significance & normality of the proposed model and application of actual bid rigging cases. Through the proposed calculation model, this study seeks to serve as a base to prevent opportunity damages for parties involved in related court cases by early resolution of disputes and relief from issues of unfair damage burdens on a particular party.

The Attitude Change of the Downstream Cambodian Government on the Development of Hydropower Dams in the Mekong River: The Background and Influential Factors (메콩강 수력발전댐 개발에 대한 하류국가캄보디아 정부의 태도 변화: 그 배경과 영향 요인)

  • JEON, Eun Jung;YUN, Sun-Jin
    • The Southeast Asian review
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    • v.28 no.1
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    • pp.219-261
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    • 2018
  • The conflicts among nations surrounding international rivers are intensifying as worldwide water shortage is getting worse. The Mekong River is a representative trans-boundary river in Southeast Asia shared by six countries, China, Myanmar, Thailand, Laos, Cambodia, and Vietnam. As the economy grows, hydroelectric power has become a major power supply source to meet the increasing power demand of the these countries. However, the construction of dams on the Mekong River is controversial because hydroelectric power in the river upstream has a negative impact not only on the whole river ecosystem but also on residents' life around downstream, in particular. In order to understand the controversy arising from international rivers, it is necessary to take into account different positions of countries sharing it. However, studies on the position of a specific country to Mekong hydropower have been conducted mainly focusing on China and Laos. Therefore, this study tried to study the position of Cambodian government which is located downstream of the Mekong River and is likely to bear costs rather than to gain benefits from hydroelectric power generation. What is the attitude of the Cambodian government to the hydroelectric development of the upper Mekong and what is the reason for that? The study confirmed the Cambodian government's support for dam construction on the Mekong River. It also figured out influential factors on the formation of such a position as follows: 1) economic asymmetry with China, 2) power dependency and geographical asymmetry in Laos, and 3) importance of hydroelectric power in Cambodia.

Impact Assessment of Agricultural Reservoir on Streamflow Simulation Using Semi-distributed Hydrologic Model (준분포형 모형을 이용한 농업용 저수지가 안성천 유역의 유출모의에 미치는 영향 평가)

  • Kim, Bo Kyung;Kim, Byung Sik;Kwon, Hyun Han
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.29 no.1B
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    • pp.11-22
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    • 2009
  • Long-term rainfall-runoff modeling is a key element in the Earth's hydrological cycle, and associated with many different aspects such as dam design, drought management, river management flow, reservoir management for water supply, water right permission or coordinate, water quality prediction. In this regard, hydrologists have used the hydrologic models for design criteria, water resources assessment, planning and management as a main tool. Most of rainfall-runoff studies, however, were not carefully performed in terms of considering reservoir effects. In particular, the downstream where is severely affected by reservoir was poorly dealt in modeling rainfall-runoff process. Moreover, the effects can considerably affect overall the rainfallrunoff process. An objective of this study, thus, is to evaluate the impact of reservoir operation on rainfall-runoff process. The proposed approach is applied to Anseong watershed, where is in a mixed rural/urban setting of the area and in Korea, and has been experienced by flood damage due to heavy rainfall. It has been greatly paid attention to the agricultural reservoirs in terms of flood protection in Korea. To further investigate the reservoir effects, a comprehensive assessment for the results are discussed. Results of simulations that included reservoir in the model showed the effect of storage appeared in spring and autumn when rainfall was not concentrated. In periods of heavy rainfall, however, downstream runoff increased in simulations that do not consider reservoir factor. Flow duration curve showed that changes in streamflow depending upon the presence or absence of reservoir factor were particularly noticeable in ninety-five day flow and low flow.

A Study on the Legal Liabilities of Contractor as a Delay in the Product Delivery on the Offshore Plant Construction Contract (해양플랜트공사계약상 제조물인도지연에 따른 당사자의 법적 책임에 관한 고찰)

  • Jin, Ho-Hyun
    • MARITIME LAW REVIEW
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    • v.29 no.2
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    • pp.115-144
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    • 2017
  • The impact of the global financial crisis, which began in the United States in 2007, had a major impact on the domestic shipping and shipbuilding industries. In this regard, the domestic shipyard has established an order-taking strategy in several ways as an alternative to lowering the amount of construction of commercial vessels due to deterioration of the shipping industry, and selected industrial sector was the offshore plant sector. However, the domestic shipyard has under performed the offshore plant in order to just increase sales and secure work without any risk analysis for EPC contracts. As a result, the shipyard has been charged more than the initial contract price with the offshore plant contractor, or the shipyard has become a legal issue requiring payment of liquidated damages due to delays in delivery of the product. The main legal disputes are caused by the thorough risk analysis and the inexperience of process control that can occur during offshore plant construction. and In particular, there is no sufficient review of the unequivocal provisions in the contract as an element of risk management. There is no human resource to review these contractual clauses. Therefore, this study identifies the existence of specific risks that could lead to delays in offshore plant construction, and examined the existence of any unequivocal clauses in contracts for offshore plant construction. and also discussed how the toxic clause applies to the actual parties and how the concrete risk factors in the construction contracts are transferred and expressed by referring to the interviews with the project manager of the domestic shipyard and the previous research. As a result, This paper examined the legal liability of the contracting parties regarding delayed delivery of the products due to the offshore plant construction contract. And to improve the domestic shipbuilding industry.

Water resources planning for the Sesan and Srepok river basin in Vietnam using DSS-2S based on MIKE Hydro Basin (MIKE Hydro Basin 기반 DSS-2S를 활용한 베트남 Sesan 및 Srepok 강 유역 수자원 계획 수립)

  • Choi, Byung Man;Ko, Ick Hwan;Kim, Jeongkon;Pi, Wan Seop;Oh, Yoon Keun
    • Proceedings of the Korea Water Resources Association Conference
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    • 2021.06a
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    • pp.43-43
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    • 2021
  • Sesan강과 Srepok강은 베트남, 캄보디아, 라오스가 공유하는 3S강 유역 (Sesan강, Srepok강, Sekong강)의 일부로 국제 공유하천으로 관리되고 있다. 3S강 유역은 Mekong강의 중요한 지류이며 Mekong강 유역의 상당 부분을 구성한다(Mekong강 유역 면적의 10%, 연간 총 유출량의 20%). 베트남에 속해 있는 Sesan강 유역면적은 11,255km2, Srepok강 유역면적은 18,162km2이다. Sesan강과 Srepok강의 상류는 베트남 중부 고원의 긴 산맥에 위치하고 있으며, 하류는 캄보디아에 위치해 있어 상·하류간 긴밀한 협력이 필요하다. Sesan강과 Srepok강 유역은 기후변화에 따른 홍수, 가뭄, 수력발전소 건설로 인한 유출량 변동에 따른 상·하류 분쟁, 사면침식 및 퇴적 등 많은 문제와 도전에 직면할 것으로 예측되고 있다. 본 연구에서는 World Bank의 "Viet Nam Mekong Integrated Water Resources Management (M-IWRM) Project의 일환으로 베트남 정부 차원에서 처음으로 구축한 수자원관리 의사결정지원시스템인 "DSS-2S"를 활용하여, Sesan-Srepok강 유역의 수자원 계획을 수립하였다. DSS-2S는 MIKE Hydro Basin을 기반으로 SWAT모델 등과 연계 하여 구축되었다. DSS-2S는 2S 유역의 모든 주요 하천과 지류를 반영하였으며. 여기에는 17개의 수력발전 댐과 주요 지류에서 용량이 3백만 m3 이상인 기타 저수지가 포함되었다. 이 보다 작은 용량의 저수지는 대표적인 저수지로 그룹화 되어 반영되었다. 기후변화 및 사회-경제적 발전계획 등을 반영하여, 2030년과 2050년을 목표연도로 생활, 공업, 농업, 관광, 유지용수 등 용수 수요를 추정하였다. 50% 및 85% 빈도의 공급 가능성을 고려하여 물 배분은 물 수요를 충족하고 지하수 개발 최소화를 기준으로 고려되었다. 분석 결과에 의하면 2S강 유역의 총 수자원은 32.2억 m3으로 그중 지표수자원은 29.2억 m3, 안정적으로 이용 가능한 지하수자원은 2.97억 m3으로 분석 되었으며, 지표수와 지하수 연계를 고려하면 전체 2S 강 유역에 물 부족하지는 않으나, 개별 공급 지점을 고려할 때 4월과 5월에 일부 지역에서 물 부족이 나타날 것으로 예측 된다. 장래 물 부족 해결을 위한 대안들을 제시하였으며, 본 성과는 베트남 중앙 정부의 장기수자원 종합계획 수립의 기본 자료로 활용 될 예정이다.

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Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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The Private-Initiated Park Development Project in Terms of Securing Publicity Operation Characteristics Analysis - Busan Metropolitan City as a Case - (공공성 확보측면에서 민간공원특례사업 운영특성분석 - "부산광역시를 사례로" -)

  • Gweon, Young-Dal;Park, Hyun-Bin;Kim, Dong-Pil
    • Journal of the Korean Institute of Landscape Architecture
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    • v.51 no.1
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    • pp.13-28
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    • 2023
  • This study examines the process of project promotion in Busan, which introduced the private participation-type consultative body for the first time in the country in the promotion stage of the private-initiated park development project, and introduced flexible application of the system and differentiated policy elements in the implementation process, and examines the operational characteristics and we tried to analyze performance, etc. As a result of the analysis, first, the preferred bidder was selected by introducing a mixed method in the project method, which is an independent project method that cannot be seen in other local governments. Second, by specifying guidelines considering the characteristics of each park and detailed guidelines such as the location, area, and maximum height of non-park facilities, criteria for establishing a rational development plan utilizing regional identity and the basis of evaluation standards were laid. Third, in the project process, transparency was secured through the delegation-type roundtable, in which the private sector performs the functions and roles of key actors, thereby preventing disputes such as suspicion of preferential treatment. Fourth, in order to improve the quality of park facilities to be donated and to secure design adequacy, after approval of the implementation plan, a general planner was introduced and construction project management (design stage) services were performed to promote efficient implementation and specialization of luxury parks in the region. As a result, the city of Busan carried out the project efficiently by conserving 5 parks from sunset, a park area of 2.25km2, and reducing land compensation and park construction costs by KRW 740 billion. Reinforcement of the public nature of the private-initiated park development project was suggested. However, due to the application of these systems and verification procedures, the project period is prolonged, and park services are delayed along with the financial burden on private operators.