• Korean Journal of Construction Engineering and Management
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• v.22 no.3
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• pp.79-90
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• 2021

In domestic public construction, disputes are increasing due to differences among stakeholders regarding contract price adjustment. In particular, the actual cost-plus fee for overhead costs due to the schedule extension cannot be agreed upon at the administrative phase, and most of them seek judicial judgment. Thus, this study aims to propose a 'sufficiently satisfactory' alternative to reach an agreement before disputes in order to minimize disputes related to the calculation of additional overhead costs. To this end, this study proposes three alternatives based on the rate method. Firstly, when calculating additional overhead costs, it is not calculated as an actual cost-plus-fee method, but as a rate compared to direct labor costs among net direct costs. Secondly, the calculated indirect labor costs are compensated for up to the legal maximum of legal limit costs such as general management costs, profits and so on. Thirdly, it reflects overhead costs increased or decreased due to change orders. Risks were analyzed by collecting expert opinions on the proposed methods and applying actual cases. Finally, as a result of investigating the level of consensus for each stakeholder, it was confirmed that all stakeholders could agree regardless of the size of the company. The result of this study is expected to as a useful tool among stakeholders in the construction fields that can be able to easily agreed upon.

• Journal of the Korea Institute of Building Construction
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• v.10 no.4
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• pp.21-29
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• 2010

International construction contractors are often faced with the situation of working in an unfamiliar construction environment. Under FIDIC rules, the contractor has the right to make a claim requesting the consulting engineer for an adjustment to the contract price or the time for completion when a part or parts of the works have changed, or in the event of unforeseeable conditions. Contractors generally have more access to the costs and time implications of such a change or unforeseeable conditions than the consulting engineer or outside neutrals. Due to such an asymmetry of information, the contractor may be motivated to dispute frivolous claims of less merit, expecting erroneous judgments by the consulting engineer or the neutrals. In this paper, a claiming behavior model is presented by using game theory and experience data to study the manner in which frivolous claims develop into disputes. The model also analyzes the impacts of DAB/DRB upon the frivolous claims.

• Korean Journal of Construction Engineering and Management
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• v.5 no.6 s.22
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• pp.146-153
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• 2004

The purposes of this study are to survey unfair aspects of specific provisions in the construction contract, and to suggest counterplans and institutional reformations. The research method of this study includes judicial precedent analysis and a questionnaire survey, The results of this study are as follows: 1) the main problems of unfair specific provisions are payment condition, shifting of the responsibility and adjustment in the contract sum. 2) counterplans ate suggested according to the construction phase : bid, construction and completion phase. 3) institutional reformations include firming up regulations, supervision, invigoration of claim, development of variation guideline, and so on.

• The Journal of the Korea Contents Association
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• v.13 no.5
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• pp.387-395
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• 2013

Insurance accounting is the process of identifying, measuring, and communicating economic information to permit informed judgements and decisions by users of the insurance information. With the Korean-International Financial Reporting Standard(K-IFRS) on accounting for insurance contracts to be finalized by 2011 in Korea, the fair value accounting is expected to greatly affect the insurance industry in terms of insurance company' financial statements. This research analyzes the effect of financial statement as K-IFRS on the insurance accounting by comparing the financial statements of the listed company using past insurance accounting standard and the current K-IFRS standard. We analyzed the matched pair sample at loan amount, insurance contract debt, total assets amount, total debts amount, total capital amount in the financial statements of the listed 12 insurance company. We found that insurance contract debt, total assets amount, total debts amount, total capital amount are difference before and after K-IFRS applied insurance company.

• Proceedings of the KSR Conference
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• 2008.06a
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• pp.1479-1485
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• 2008

This paper shows the result of study on the detailed applicable procedure of software Escrow account applied for rolling stock. The customer as end-user requires software source code, related critical technical documents etc. about software based system of train for maintenance purpose through software modification and enhancement after completion of warranty period. Otherwise, it is not easy to keep up with the customer's requirement of demanding supplier's exclusive information because it is considered as intellectual property rights of supplier as software developer. Therefore, the main contractor(normally called as Car-builder) need to introduce software Escrow service in order to coordinate the different a standpoint between software developer and end-user. Software Escrow is a legal arrangement in which an software Escrow packages (software source code, software development tool, build process, proprietary information, copyright and etc.) is deposited into and Escrow account under the trust of a reliable third party (Escrow agent) depending on mutual agreement on Escrow contract condition as signing off Escrow agreement document. This paper deals with the study on the detailed procedure about the following general category of Escrow procedure and purpose to apply this specific procedure of Escrow into the future project onward.

• Journal of Korea Port Economic Association
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• v.26 no.3
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• pp.92-113
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• 2010

The purpose of this study aims to analyse the implied terms of safe berth under Voyage charterparty with the Rebon case. Where the safety of the berth is warranted, but not the safety of the port, then the charterer's obligation is to nominate a berth which can be approached safely from within the port and which was itself, save insofar as affected by hazards or risks which affect the port as a whole or all of the berths within it. This case is an appeal from an order made by the judge dismissing an appeal from a final declaratory award on preliminary issues made by arbitrators. The judge expressed the question for decision somewhat differently as follows: if a specific load port is named in a voyage charterparty and there are several possible berths within that port to which a vessel could be directed to load by the charterers and there is no express warranty in the charterparty of the safety of either the port or the berth to which the vessel is to be directed by the charterers, is the charterparty subject to an implied term that the charterers must nominate a safe berth at that load port?

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.8
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• pp.251-261
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• 2016

Recently, many weapon related quality issues have arisen in the armed forces, such as failures of K-21 Infantry Fighting Vehicles, K-9 self-propelled mounts, and grenade explosion during boot training. Since all of the issues are repetitive phenomena, we examined the defense quality management system and identified the possible solutions for it. Since the government quality assurance agency performs their quality assurance activity using the system evaluation technique, we first reviewed the regulations related to the defense quality management system. Then, we benchmarked some other advanced quality management systems. We suggested two types of defense quality management system, one for small (in terms of the amount of the contract) competitive contracts and the other for large private contracts. For the first one, we adopted the framework of MIL-I-45208 (Inspection System Requirement), while for the second one, we adopted the framework of NATO AQAP 2310 (Quality Management System Requirements for Aviation, Space and Defense Suppliers).

• The Journal of the Korea institute of electronic communication sciences
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• v.8 no.10
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• pp.1553-1560
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• 2013

This study focused on the residential real estate market, real estate for sale in the course of the bargaining power of buyers in terms of factors to be extracted was determined. In addition to rental housing, including the number of buyers have several alternatives, the more related information, the buyers have advantage over the sellers in the course of the housing sale process. And if the external conditions and the situations between the parties have changed, how much flexibility to respond to changing and the less costs of to changing, the buyers have advantage over the sellers in the course of the housing sale process.

• Journal of the Society of Disaster Information
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• v.9 no.2
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• pp.164-177
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• 2013

From 2010 years to 2013, the selection method of successful bidder has been changed design suitable lowest method, comprehensive evaluation method(bid price adjustment, design score adjustments, weight standards), fixed amount best design method. Therefore this study was presented by analyzing the impact on the domestic construction industry according the way to determine the successful bidder, the evaluation order method and the operational issues through the analysis of order status, order number, results of acceptance an order, success rate range, results of acceptance an order according to weight success rate, results of acceptance an order by work type and order institution of a turnkey alternative tendering construction performed in domestic civil part.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.4
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• pp.201-209
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• 2020

In this study, issues related to changes in base year, which have controversial effects on fees in service contracts, were reviewed. In this regard, sensitivity analysis was conducted on the effects of changes in base year on conversion factor by type. The benefits and disadvantages of each specific type of medical institution were examined. Main conclusions are as follows. First, changing the base year to be closer to the present time had a beneficial effect on the conversion factor of hospitals. Second, changing the base year to be closer to the current point of time had an adverse effect on the conversion factor of pharmacies and clinics and had a significant adverse effect on clinics. Third, assuming that a single conversion factor is collectively applied to all types, a favorable effect occurred in all cases when the base year was changed to be closer to the present time. Base year changes can bring about conflicts of interest between insurer and providers, and within providers. Therefore, changing the base year should be pursued upon mutual agreement on a reasonable basis for resource allocation. In addition, it is necessary to provide incentives for temporary compensation for the types of losses incurred.