• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.46-53
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• 2001

Differing Site Conditions('DSC') Claims among construction claims are on the increase as a direct result of the steady construction of Social Overhead Capital Facilities initiated by Government. As DSC claims generally became apparent during the intial stage of the construction project, it is necessary to timely review and study the proposal on the prevention of DSC claims because delayed settlement will incur more substantial damages to all parties concerned. This research is focused on the identification and analysis of the causes for DSC claims as applicable to design-build project in public sector and it presents the possible short term, medium and long term proposals on the improvement of causes related with DSC claims. The major results of this research are summarized as follows: 1. Improvement of contractor's tender practice 2. Contractor's division of responsibility on the site survey 3. Improvement of owner's exculpatory clause 4. Flexibility on the adjustment of contract amount The proposals stated above could be useful in resolving the DSC claims between owner and contractors.

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

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.6 no.7
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• pp.219-228
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• 2016

This research aimed at investigating policy change process of after school contracting out and suggesting future alternative. Also, this research conducted a literature search for the research data related to policy and related regulations. As the result of investigation, the Ministry of Education established management plan for after school, however there have been changes in policy, e.g. contracting out was executed from 2004 to 2008 upon autonomy of unit school through school steering committee deliberation(consultation), while standardized procedure was conducted, which was suggested in 'After school operation guideline', produced in cooperation between the Ministry of Education and municipal ministry of education from 2008 to 2015, while since 2016, contract law should be applied when after school contracting out is adopted. Policy change since 2016 is based on the legal necessity that contract law should be followed as the contract size of after school contracting out has become larger along with necessity of clarity of after school contracting out. Nevertheless, there's a worry that quality of after school education could be degraded due to lowest price bidding. The government suggested an alternative to prevent excessive price competition by paying a regular rate of basic price as personnel expenses, however this research suggested a plan to enact an ordinance in regard of specialty of after school educational activities and cities and provinces as the fundamental solution plan.

• Proceedings of the KIEE Conference
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• 2007.07a
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• pp.2060-2061
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• 2007

본 논문에서는 국가 경제성장률과 국내 전기공사실적 증가률에 대한 상관관계를 비교분석하였으며, 연간 전기공사 실적에 대한 항목별 구성비율 중 노무비가 차지하는 비율을 분석하였다. "국가를 당사자로 하는 계약에 관한 법률 시행령 및 시행규칙"과 회계예규인 "예정가격 작성기준"에 근거하여 원가계산에 의한 전기공사 예정가격 산정의 기초자료로 활용되는 전기부문 표준품셈 체계개편이 전기공사업에 미치는 영향을 최근 발주된 대형공사에 체계개편 전과 체계개편 후 공사금액을 비교하여 종합적으로 분석하였다.

• Korean Journal of Construction Engineering and Management
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• v.14 no.4
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• pp.97-107
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• 2013

Occupational safety and health management expense in construction industry means the monetary amount that the purchaser appropriates to prevent various disaster from happening during the construction period by setting aside a certain amount from subcontract based on the construction type and scale. The current appropriation standard of the Ministry of Employment and Labor has been enforced since its stipulation in 1988 although various policy changes for the safety in construction industry, e.g. the development of occupational safety management techniques in construction industry, changes in construction field site environment, cost depreciation, etc., are happening in Korea and overseas. Therefore, it is required at this point to examine whether the current occupational safety and health management expense appropriation is proper or not on the basis of time trend and the changes in the construction industry environment. Accordingly, this study aims at investigating the appropriation of occupational safety and health management expense for construction industry by the construction type and target expense in response to current construction industry environment and proposing the proper appropriation. The above research result proposes the calibration of the appropriation as specified and stipulated by the Ministry of Employment and Labor by the construction type and target expense, which is necessary to reflect the actual condition of the current construction industry environment.

• Management & Information Systems Review
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• v.29 no.3
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• pp.71-96
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• 2010

This article firstly reviewed Permanent Established(PE) concept of OECD and UN model tax treaty and compared it with that of Korean Corporate Income Tax Law(CITL). The various factors regarding profit like ways of deciding the local source profit, scope and calculation method which will be imputed to PE were also reviewed. Based on above, standard PE judgement basis and calculation method of local source profit were also studied by using actual cases in foreign corporation which performs plant construction & sales in Korea. Accordingly to properly solve the conflict regarding international tax and to protect the tax authority against the foreign corporation in Korea, by standing on equality, I now propose followings for the better concept of PE in Korea. Firstly, the article that a building site or construction or installation project constitutes a PE only if it lasts more than 6 months should be modified to reflect OECD model convention's criteria of 12 months. Second, the scope of 'subordinate attorney' which is regarded as PE under CITL is now including 'holding-delivery attorney', 'order attorney', and 'assurance attorney' as well as 'contract attorney'. This is overly limit the activities of foreign corporation. It had better be loosened only to include 'contract attorney' as OECD provisions. Third, the CITL limits the cases of preparatory and/or auxiliary place which is not regarded as PE, thus limit the foreign corporations' business by expanding the concept of PE. This had better be eased. Fourth, in deciding the amount of local source profits, the CITL stipulates to split the profits by the relevant contribution of transaction parties through 'profit split method'. To solve the conflict, the ways of profit split must be better clarified through providing object and detailed standard and basis.

• The Korean Journal of Applied Statistics
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• v.26 no.6
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• pp.857-871
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• 2013

Export credit insurance is a policy tool for export growth. In the era of free trade under the governance of WTO, export credit insurance is still allowed as one of the few instruments to increase exports. This paper, using data on short-term export insurance contracts issued to foreign subsidiaries of Korean companies, calculates the expected loss per exposure by combining the effect of risk factors (credit rate of foreign importers, size of mother company, and payment period) on loss frequency and loss severity in different levels. We, applying generalized linear models (GLM), first fit loss frequency and loss severity to negative binomial and lognormal distribution, respectively, and then estimate the loss frequency rate per contract and the ratio of loss severity to coverage amount. Finally, we calculate the expected loss per exposure for each level of risk factors by combining these two rates. Based on the result of statistical analysis, we present the implication for the current premium rate of export insurance.

• Journal of the Korea Institute of Building Construction
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• v.21 no.5
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• pp.469-481
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• 2021

Under Korean law, small-to-medium-sized construction projects with budgets of more than 100 million won and less than 12 billion won must receive technical guidance by a visiting technician belonging to a specialized institution. This study proposed a method for calculating the technical guidance fee to prevent the potential inadequacy of technical guidance when the responsibility providing the technical guidance fee is changed from a contractor to a client. The method simplified the construction works which should receive technical guidance into four sections according to the construction amount. For each section, the number of instances of technical guidance per day provided by the visiting technician and the minimum technical grade of the visiting technician were limited, and the guideline for estimating engineering services fees was applied to calculate the fee per instance of technical guidance. The results show that the proposed method can be applied to the establishment of a technical guidance fee guideline since it well reflects the current fee distribution and K2B analysis results.

• Korea Trade Review
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• v.48 no.3
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• pp.23-41
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• 2023

The seller and the buyer write down the agreed details in the trade contract as trade contract clauses. In the case where a letter of credit is agreed to be the payment condition, the buyer shall open a letter of credit to the seller with the shipping date specified in the trade contract through its bank. In this case, the legal relationship between the performance date of the trade contract and the shipment date of the letter of credit, the change of the performance date of the trade contract due to the change of the trade contract and the change of the shipment date specified in the letter of credit, the seller's letter of credit A problem arises in the legal interpretation of the approval period and the change request period. Therefore, this paper analyzed the precedents of the Seongnam Branch of the Suwon District Court and the Seoul High Court related to these legal issues. The performance date of a trade contract is the seller's delivery date and the buyer's payment date. In the letter of credit transaction, the date of performance of the trade contract is regarded as the date of shipment and the date of negotiation of documents specified in the letter of credit. The seller must decide whether to accept the letter of credit within 5 banking days after receiving the letter of credit from the buyer. After this period has elapsed, the seller cannot refuse the letter of credit. However, if the buyer is unable to decide whether to accept the letter of credit within 5 banking days due to reasons attributable to the buyer, the delivery date specified in the letter of credit will be extended. If the seller requests an amendment to the letter of credit, the buyer must accept it and open the letter of credit the seller desires to the seller. If the buyer refuses the seller's request to change the letter of credit, company A has the obligation to change and reopen the letter of credit as requested by company B. Expect by agreeing on the quotation As it is a fundamental breach of contract stipulated in Article 25 of the United Nations Convention on Contracts for the International Sale of Goods, company B can cancel the trade contract and claim damages from company A. Compensation for damages caused by Company A's breach of the trade contract shall be an amount equal to the loss suffered by Company B as a result of the breach, including loss of profits.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.35 no.6
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• pp.1405-1412
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• 2015

In Korea, public infrastructure projects employ "long term continuation (LTC) contracts," which require budgets to be reevaluated and re-appropriated annually throughout the multi-year life of the project. However, such contracts also make it susceptible to frequently changing government policies, in which budgets required for existing projects are allocated to new projects and thus does not provide a consistent stream of capital to multi-year projects. Each year, the KEC needs to attain government funds for construction of its multiple highway construction sites. Because it is difficult to know the amount that may be actually appropriated to KEC in a given year, it is in turn difficult to anticipate and provide sufficient funds necessary for construction to run smoothly and continuously. The lack of a good logic for appropriation has resulted in projects having a skewed distribution of capital. To get better budget appropriations from the central government, the KEC first needs a systemized approach that rationalizes the annual construction capital optimally required for its individual sites. The goal of this research was to devise a way that allows the KEC to determine and calculate the optimal construction costs that would be required for its individual construction sites on an annual basis. Both the optimal progress rate and the essential work types were assessed through a workshop with 24 professionals (KEC employees and contractors) who had extensive experience in KEC projects and also were currently working in these projects.