• Water for future
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• v.55 no.7
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• pp.43-51
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• 2022

• Proceedings of the Korea Water Resources Association Conference
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• 2018.05a
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• pp.284-284
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• 2018

대부분의 물분쟁의 경우 강 또는 호수를 공유하고 있는 국가 간에 발생하고 있으며 국내에도 제한된 물로 인하여 다양한 지역에서 물 분쟁이 발생하고 있다. 이렇듯 물 부족으로 인한 물분쟁 현상은 점차 심화되고 있으며 특히 강을 공유하고 있는 인접지역에서 발생할 가능성이 높아지고 있다. 본 연구에서 Water Rights Analysis Package (WRAP) 모델의 국내 적용을 위한 기초자료 구축단계로서 수위별로 되어 있는 수위-유량 관계 곡선식을 단순화하여 자연하천유량 산정을 위한 절차를 간편화하였다. 첫째, 확률 분포곡선을 이용한 수위 자료 구간별 구분; 둘째, 구분된 수위 자료에 대한 회귀 분석 실시; 셋째, 실측 유량 자료 및 모의 유량 자료를 이용한 신뢰도 산정 및 비교를 통한 본 연구결과에 대한 타당성 검토를 수행하였다.

• Explosives and Blasting
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• v.18 no.4
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• pp.19-28
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• 2000

건설공사장 소음·진동 문제는 공사규모의 확대 및 대형중기의 사용으로 인하여 피해가 확대되고 있다. 특히 최근에 도심지 공사의 빈도가 증가하면서 대부분의 경우 인근 주민에게 피해를 줄 수 있는 법적 기준을 초과하고 있고, 소음에 노출된 주민들의 의식 변화로 많은 민원이 야기되고 있으나 현행 국내의 건설소음 진동 규제기준이 대상지역별, 시간대별로 전체적인 레벨만을 제시하고 있어 효율적인 대책수립이 어려운 실정이다. 또한 토목공사의 경우 공사현장과 가축양가 사이에 분쟁이 발생되고 있으나 인과관계의 성립여부, 피해규모, 피해액 산정, 향후조처 등에 대한 명확한 기준과 처리 사례가 국내외를 막론하고 극소수에 분과하여 분쟁의 조정이나 대책수립에 많은 어려움이 있다. 따라서 본 논문에서는 소음진동에 관련된 법적인 기준이나 각종 물적 피해에 대한 판정기준을 설명하고 당사 현장에서 발생한 민원에 관련된 사례를 소개함으로서 현행법의 문제점과 원활한 공사진행을 위한 민원에 대한 의식을 높임으로서 공사초기에 적극적으로 대처하게 하여 원만한 공사진행에 도움이 되고자 한다.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2010.05a
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• pp.185-189
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• 2010

As recent construction project has specialization and high-level of the engineering, Although, It has always uncertainty of agreement and contract enforcement, factors of difficult to predict etc. in each phase. In this process, Various interest groups involved are continuously generated dispute of interest each others. So this paper analyzed the dispute cases in construction projects from the Supreme Court and Korean Commercial Arbitration Board in Korea, and then identified the dispute types and causes that occur during all of the construction project phases with their influence analysis. At the result, It will be contributed to the basic data for pre-dispute prevention in the construction projects.

• Journal of Korean Society of Transportation
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• v.23 no.5 s.83
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• pp.57-64
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• 2005

Recently, several national construction projects such as Chunsung Mt. section of Kyungbu High Speed Rail or Sapae Tunnel of Seoul Outer Ring Road have been delayed or suspended due to the objections of residents or environmental organizations. Considering the development of democracy, increased public participation and interests on environmental issues in Korea, the generation of these social conflicts may be natural phenomenon. However, it is necessary to find measures to effectively implement major construction project and save costs related to social conflicts. In this paper, PI techniques in the United States are investigated and in comparison, the weakness and improvement plans for Korea's current public participation system have been suggested.

• Korean Journal of Construction Engineering and Management
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• v.16 no.6
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• pp.112-123
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• 2015

Many disputes are happened with various causes in overseas construction projects. One of major disputes is closely related with nominated subcontractors (NSC). This paper investigates 30 judical precedents for Singapore, Malaysia and Hongkong to analyze the detailed disputes related with the NSC, and then the judical precedents are classified into 6 categories: Delay and Defect Trouble (T1), Contract Relation (T2), Payment Trouble (T3), Set-off (T4), Liquidation (T5) and so forth (T6). According to the analytical results, the frequency of occurrence of disputes is considerably related with social and economical changes, and the dispute between NSC and employer for residential and commercial building projects is the most frequently happened case. As the results of analysis, therefore, it is concluded that the employer needs to response aggressively to the problems related with NSC, and it is also important to make the council for communication among related bodies. Furthermore, the institutional reform that make the role and the responsibility of employer consistent under considering contract terms and conditions is considered as the most important and fundamental issue.

• Korean Journal of Construction Engineering and Management
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• v.20 no.4
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• pp.104-113
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• 2019

Construction dispute about Extension of Time are complexly intertwined with various issues. The duration delay analysis defines the impact the issue has on the duration variation. And The international court and the arbitrator use the results of the analysis as a basis for reasonable duration judging. However, most of the domestic Construction sites have not established a business process for Extension of Time litigation. Therefore, Analysis data are collected after the occurrence of the dispute, there is not enough basic data of analysis almost. This study sought to improve the management efficiency by organizing information requirement for delay analysis and suggesting a reasonable business process. As a result of applying the proposed process to actual construction duration extension disputes, about 33% of practitioners, 46% of contractors, and 48% of legal advisors were satisfied with the process application site And Matrix validation was 91% identical. This study suggests that it is possible to increase the efficiency of the construction duration analysis work used as a basis in the construction dispute. Finally, the Computer based system design for this process should continue in the future.

• Journal of the Korea Institute of Building Construction
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• v.22 no.1
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• pp.103-114
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• 2022

In the area of construction defects, residents have a tendency to focus on visually identifiable defects, while construction companies focus on defects that affect the structural and functional integrity of apartment housing. Accordingly, construction companies and residents have conflicting views on defects in apartment housing. To address this issue, this study aimed to accurately identify the main disputes surrounding defects in multi-family housing complexes or multi-dwelling unit apartment housing caused by such sharply different perspectives and suggest improvement measures. First, standards to determine different defects and remuneration standards between the Ministry of Land, Infrastructure and Transport and the court were analyzed. Then, problems were derived through an analysis of defects in past court cases, and the differences in perspectives between construction companies and residents were identified based on defect data from various construction companies. To tackle these issues, a classification measure for establishing a defect database for multi-family homes was also proposed.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.87-107
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• 2011

There are two methods to resolve conflicts related to constructions which are through lawsuits and ADR (Alternative Dispute Resolution) just like any other conflicts. Along with the special characteristics pertaining to the conflicts related to constructions, the advantages that ADR is in possession of such as its cost, duration and professionalism, resolving conflicts through ADR has been considered to be more logical than any other options recently. In Korea's case at present, the resolution of conflicts regarding constructions through ADR is mostly dependent on administrative mediation or through arbitration. However, in the case of the administrative mediation, its usage rate is very low due to problems caused by problems in its running and effectiveness. In the case of arbitration, the services of the Korean Commercial Arbitration Board is comparatively used more but because of the fact that arbitration relies on a single trial system and the fact that its executive powers while having the same effectiveness as the final ruling does not get acknowledged leads to the phenomena of avoiding its usage. In addition, in relation to the selective arbitration clause, the problem of effectiveness of the arbitrative agreement is becoming a hindrance to the activation and promotion of the arbitration process. Furthermore, in the case where the ordering body is the government, the public servant involved in the case avoiding the arbitration process because of concerns of being penalized by the internal and external audit within the institution is becoming a problem as well. These problems are not only limited to conflicts regarding constructions and there needs to be actions taken to promote the activation of ADR by enacting a basic law. The more important issue at hand however is offering a resolution measure that would be the most appropriate for users and this could probably be done only through actions such as implementing the American partnering system or the dispute adjudication board system so that they can supervise the resolution of conflicts through mediation, arbitration, and assistance as well as offering consultations regarding conflicts related to constructions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.79-108
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• 2013

International transactions of plant and construction project need to time to time for completing the contract. During the performing the contract there may arise many claims and disputes it should be settled rapidly for processing schedule of works. However, arbitration and litigation for settlement of dispute are inappropriate in time and expense under the specifications of plant and construction project. Dispute boards are one of the successful resolution method of dispute prior to litigation or arbitration. If the dispute board was failed, of course, it may be allowed to continue into litigation or arbitration. As the creative methods of parties agreement, dispute boards may be expected to avoid claims and dispute in long and medium international contract. The purpose of this paper is to explore the specification and limitations of dispute boards that may clear disputes under long and medium contract of construction and procurement. It needs to be understand to determine whether is the useful methods for resolving dispute in the international project. This paper considers the specific natures of dispute board and its rules, procedures and problems including ICC and FIDIC for the contract of long and medium transaction.