• Korean Journal of Construction Engineering and Management
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• v.13 no.3
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• pp.14-24
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• 2012

Recently, a delivery system has been rapidly changed in the global construction market. Also, construction projects are becoming bigger and more technology-intensive. A lot of projects have been delivered by Design-Build(DB) System; from the standpoint of cost, approximately 40% of delivered constructions by a Public Procurement Service were DB in 2009. Nevertheless, the achievement has not surpassed our expectations on management of the project cost. On the characteristic of DB, the reasons why that happens are that projects contract have been signed after the Design Development Stage; the insufficient review about new technology and up-to-date construction methods; a lack of discussion in process of design. Those reasons cause a risk of increasing Cost of the projects. In order to solve these problems, it is desirable to find Cost-increasing factors in promoting the projects and select on the order of priority for Risk-Factor with careful management. Therefore, this study analyzed the weight of each phase of the project on the authority of properties of DB project, and identified Risk-factors which is increasing the cost on the aspect of project management. Based on this analysis, the impact assessment of Risk-factor is evaluated through the Failure Mode and Effect Analysis(FMEA).

• KSCE Journal of Civil and Environmental Engineering Research
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• v.37 no.4
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• pp.747-757
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• 2017

Of safety check regulation, 'Construction Technology Promotion Act' and 'Special Act on the Safety Control of Public Structures' contain provisions about the content of safety in construction works and the items of safety checks in the maintenance aspect and thus contribute to accident prevention in the construction industry. Of the regulations responsible for the practical safety of workers, the safety check regulation of Ministry of Employment and Labor demand for safety check from the start of construction based on an agreement with a concerned agency to the completion of construction solely based on 'Guidance Standards for the Specialized Disaster Prevention Instruction in Article 32 of Occupational Safety and Health Act' and 'Appropriation and Usage Standards of Safety and Health Management Costs in the Construction Industry'. There is, however, a huge gap, as well, in them according to client agencies. In small construction sites ordered by a private organization, checks are done formally with no detailed regulations. As a result, the costs of checks continue to drop with only the contract kept intact. This study examined the forms of safety checks practically done in the Jeju region, distinguished and compared them by the construction costs, calculated proper costs based on each construction act, and further proposed improvement measures for the detailed regulations.

• Korean Journal of Construction Engineering and Management
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• v.17 no.5
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• pp.22-34
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• 2016

The Project Delivery System (PDS) is used in mixed way without clear classification from tendering system and the standard itself that can be selected is set with project budget or estimated cost only. Essentially, the PDS should consider and reflect project characteristics and types, internal and external factors for the purpose of improving the lives of citizens and their welfare. However, the current status is not operated flexibly due to the given budget, period and uniform laws and regulations. In order to solve this problem, this study suggests a Decision Support Model to select the optimal PDS for public construction projects. The current problem of the PDS for public construction projects were identified and the application of a decision support model was proposed. Subsequently a decision-making model was suggested for each PDS using the identified factors and linear discriminant function of discriminant analysis. An additional questionnaire survey and actual practical case analysis were carried out to verify the effectiveness and applicability of the model to actual work. It can be used by adjusting the decision support model and detailed factors according to the specific characteristics of public organization, ability of person in charge and project type.

• Korean Journal of Construction Engineering and Management
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• v.10 no.6
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• pp.107-116
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• 2009

As the Fundamentals of Construction Business Act was revised in December 2004 and its implementing ordinances and enforcement regulations were adjusted in June 2005, the screening system of low price subcontracting has been an obligation to the public owners, having brought about arguments for and against since it enacted in 1983. The statutes for low price subcontracting have been reinforced from this year; for example, it underlines to submit to a project and builds an information network of subcontracting works. The system's original intention was that prevents shoddy and fraudulent constructions caused by low price subcontracting and precludes disturbances of fair trade by screening that whether it satisfies the conditions or not in advance. But, the criterion for the existing low price subcontracting has several issues having held up a true mirror to the real situation. It is arguable to discharge an important task with the primary purpose. This dissertation have researched the problem with a deposit of subcontract and the low price subcontracting basic rate are being used by the criteria for deciding whether it is a low price subcontracting or not, so showing the plan of reformation based on the findings, it wishes to contribute toward making the most of the system's essential intent.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.28 no.6
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• pp.1475-1487
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• 2018

To verify remitter's identity when the remitter transfers money to a recipient using an electronic financial service provided by the financial institution, the remitter inputs the information; such as the withdrawal account number, the withdrawal amount, the password pre-registered with the financial company, or the information from authenticating medium that is previously distributed by the financial institution. However, the 1-Way transaction between the financial institution and the remitter is exposed to a great risk of accidents such as an anomaly remittance or a voice phishing fraud. Therefore, in this study, we propose a 2-WAY trade verification model for electronic financial transaction that can be mutually agreed by allowing the recipient to share the transaction information with the remitter and the financial company. We have improved the traditional electronic financial transaction's method by replacing it to 2-WAY trade method, and it is used for various purposes; such as preventing an error within the remittance or voice phishing fraud, enhancing loan transaction and contract transaction, etc. Through these variety of applications, we are expecting to reduce the inconveniences while improving the convenience of financial transaction and vitalizing the P2P transaction of financial institution.

• Korean Journal of Labor Studies
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• v.24 no.2
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• pp.247-291
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• 2018

This study investigates the employment structure and the social safety net experience of the subcontracting cleaning workers in Korea, who have been main targets of the labor outsourcing despite the necessity and permanence of their labour. This study specifically focuses on the fact that these subcontracting cleaning workers are mostly female and in their old age, and analyzes how the combination of their age, gender, and employment structure leads to the (mis)match with the Korean social security system. Case study with in-dept interview method has been conducted to the old-aged female subcontracting cleaning workers in Korea. The result of this study is as follows. It was the income insecurity that led them to (re)enter the labour market, and the cleaning work was the almost the only wage work they could do considering their age and gender. Cleaning workers are mostly employed in the subcontracting company, and thus their labour contracts depend on the business contract period between the original and subcontracting company. Consequently, their employment relationship is mostly insecure unless they are guaranteed employment succession through the collective agreement of trade union. Moreover, it has been discovered that the employment insecurity due to the indirect employment relationship led to the poor labour conditions, low wage, and the exclusion from the social safety net.

• Journal of Legislation Research
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• no.44
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• pp.725-756
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• 2013

In this paper, the possibility of extension of falsification conception was investigated to discuss the validity of this precedent. Consequently this extension was indispensible according to the article 237-2 of criminal code which regards the reproduced document as the document in the document crime. However, this is against the security of human right. On the contrary, there is not this kind of article in the German criminal code and the German precedents and majority theory are negative to regard it as the criminal document. And also, there is the pont of view that the reproduced document is not the criminal document because it's not the expression itself of document nominee's intention, so the article 237-2 should be demolished in Korea. According to this opinion, the serious reconsideration should be required in the legislation of this article 237-2. Nevertheless, if this extended conception is needed and it's possible, the meaning of the computer monitor's image is not able to be ignored in the conception of falsification. Therefore this should be regarded as the element of the falsification conception. In other words, this can't be evaluated as the object of falsification but the target of falsification, according to the conception extension, though the precedents do not regard it as the document in document crime.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.11 no.7
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• pp.2358-2370
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• 2010

This research aims to empirically analyze the factors that affect the success of technology marketing by Korean universities. The total of 207 universities which successfully made technology transfers from 2006 to 2008 was examined to test the nine hypotheses. For the purpose of testing the hypotheses, technology infrastructure (research costs and the number of SCIE papers), the compensation system for the patents (application and registration), the number of patents (application and registration), TLO staff (the number of people in charge of technology transfer and the job experience in industries), the compensation system for technology transfers (researchers and contributors), and attitudes of university management and industries were analyzed with structural equation methods to figure out their effects on the revenues of technology transfer. The results of this research are summarized as follows. First, technology infrastructures of universities were found to have positive effects on securing patents. As the university research costs in the field of science and technology are increases, the research capabilities are enhanced and this a larger number of researchers are conducted. Second, this research shows that compensation systems for patent application and registration in universities have motivated researchers to take out patents for the outputs of their research. Third, the number of patents universities possess was found to have a positive effect on technology transfer. An increase in the number of patents universities possess implies an increase in the diversity and excellence of the target technologies for transfer. Fourth, the number of patents universities possess turned out to have a positive effect on TLO staff. The number of experts in charge of technology transfer including technology dealers, valuation analysis and patent attorneys should be increased as target technologies for transfer increase according to the increase of patents possessed. Because the technologies are transferee from universities to businesses, businesses (job) experience of TLO staff in industries are also important. This research is meaningful because it has identified the factors affecting the results of technology transfer by employing structural equation methods. In particular, an official governmental survey data for the academic-industrial cooperation were analyzed systematically in terms of technology infrastructure, compensation systems related to patents, the number of patents, TLO staff, compensation systems for technology transfer, and attitudes of university management and industries. All these facts might could differentiate this study from the previous studies.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.31-66
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• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 2003

The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.