• Korean Journal of Construction Engineering and Management
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• v.12 no.2
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• pp.3-11
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• 2011

There are several causes to recalculate the contract amount in public construction projects. Among them, the escalation clause was introduced in 1969 and now the condition to recalculate the cost is effective after 90 days from the date of contract and the rate of fluctuation should be more than 3% from the date of bidding. The two calculation methods for the rate of fluctuation are item-adjustment and index-adjustment. According to the results of investigation into 4 public institutions and 163 projects, all of them have used the method of index-adjustment and the rate of projects that spend over 6 months obtaining the approval of contract amount adjustment is more than 90%. The reason for spending lots of time is caused by problems of the calculation method on the price fluctuation rate. Therefore, it is necessary that the calculation method should be diversified to cope with the problems and a option of the builder should be expanded as well. Furthermore, if the way to apply correction factors to construction price index and average index based on the producer and consumer price index made by the bank of Korea is added, then the duration will be reduced without additional expenses. This study proposed the diversification of the calculation method using price fluctuation rate and builders' expanded options as improvement on the managerial method of Price Fluctuation System for the prompt and efficient contract amount adjustment.

• 프린팅코리아
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• v.11 no.2
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• pp.124-129
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• 2012

경기침체 및 가격경쟁으로 인해 인쇄사는 이제 내수만이 아닌 수출을 위해 눈을 돌려야 한다. 하지만 인쇄물 수출에 대해서는 경험이 없어 어려움을 겪고 있는 인쇄인들이 많다. 이에 대한인쇄문화협회는 문화체육관광부의 지원을 받아 최근 인쇄물 수출 전문가 과정을 위한 '인쇄물 무역실무' 교제를 개발했다. 교재는 ${\bigtriangleup}$무역실무 ${\bigtriangleup}$인쇄물 견적 및 계약서 작성 ${\bigtriangleup}$대금결제방식 및 무역방법에 따른 가격조건 ${\bigtriangleup}$수출 인쇄물 생산 및 통관절차 ${\bigtriangleup}$인쇄물 수출 사례 ${\bigtriangleup}$해외시장 개척 및 확대방안 ${\bigtriangleup}$부록으로 구성돼 있다. 본지에서는 인쇄물 무역실무에 게재된 내용을 정리해 연재한다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.29-60
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• 2010

The incentive and reasons to publish FIDIC Conditions of Contract for Design, Build and Operate Projects(DBO Form) are manifold. It is partly a response to the increasing need for sophisticated project delivery methods in both the public and private sectors and the already widespread use of the FIDIC Yellow Book with operation and maintenance obligations and partly a response to the challenge to decrease maintenance cost to a minimum by means of a new procurement route. As a result, FIDIC has developed a new model form to meet this market place requirement. On the other hand, FIDIC did not simply adapt the Yellow Book but has developed a new form from it, whilst preserving the style of the already known FIDIC Forms and maintaining the wording where it was not necessary to change it for the purposes of a DBO Form. Moreover DBO Form fills up supposed gaps in other FIDIC Forms and ameliorates the claim management and dispute management framework. FIDIC DBO approach may be shortly summarized as follows. First, DBO Form provides for single project responsibility. Second, DBO Form has the clear objective of ensuring the use of a most reliable and efficient technology at the lowest life-cycle cost. Third, DBO Form is intended to operate as an effective quality increase in the design and construction of projects. Fourth, DBO Form is intended to provide significant benefits with regard to system integration and reduction of risks. Fifth, DBO Form accelerates and enhances completion schedule compliance. Sixth, DBO takes care of all three supporting pillars of sustainability(including economical, environmental and social elements). DBO Form is obviously a good starting point for negotiations and the preparation of calls for tenders, thus saving the parties time and money. However, existing cultural and legal differences, particular local conditions and the particular needs of some branches of the industry may require the form to be adapted according to the particular needs of a project. And Civil law practitioners are strongly recommended to verify carefully the underlying legal concepts and background of each clause of the General Conditions in order to avoid unnecessary and sometimes unnatural changes and amendments being made. Note that when preparing the Particular Conditions ensure that terminology is consistent and that existing inherent concepts should not be ignored.

• Defense and Technology
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• no.4 s.134
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• pp.58-69
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• 1990

절충교역의 이용은 고용 및 기술의 이전효과를 가져오며, 여러 정부에 의해 비난과 동시에 찬사의 대상이 되고 있다. 비록 미국은 현재 다른 국가들이 방위구매에서 절충교역을 요구하는 것을 막으려 하고 있고, 이러한 절충교역의 이용을 금지시키거나 제한시키려는 정치적 움직임이 지지를 받아오긴 했으나, 이제 절충교역 조건의 확산과 이용을 중단시킬수 없는 것은 영국에서 "산업혁명"을 막을수 없던 것과 같다

• 월간 기계설비
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• s.258
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• pp.74-77
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• 2012

올해부터, 국토해양부 장관이 고시하는 최저가낙찰제 대상공사에 대하여 포괄대금지급보증제도가 시행되며, 건설근로자 노무비 구분관리 및 지급 확인제가 추진된다. 또한 근로계약 체결시 근로조건 일반사항이 명시된 서면을 근로자에게 반드시 교부해야 하며, 장애인 고용부담이 강화된다. 본지는 올해부터 달라지는 건설 중소기업 관련 개편 시행되는 각종 제도를 소개한다.

• The Journal of the Korea Contents Association
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• v.9 no.7
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• pp.325-332
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• 2009

The Korean real estate transaction makes a contract after the buying and selling person concerned agreed a business condition. As for vendee, business consists of the method that I issue documents before provision and money left over provision and the registration at the same time, and register a contract deposit in vendor. However, it latent for the real estate transaction various accidents such as fraud from a contract day to time to finish a real estate registration transfer, embezzlement, double contract by the breach of trust. Nevertheless vendee comes to match vendor by an asymmetry of the information one-sidedly to the front completing a registration transfer. I may prevent stellionate by the breach of trust of vendor if I use an ESCROW system in such a responsibility blank state.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.123-144
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• 2012

Seller shall deliver the goods with a perfect condition of packing or container in international trade. Unless otherwise seller shall warranty that the goods arrive at destination with a safe and economic value. Buyer may ask packing is to be made in specific condition or refuse to accept when the packing is not made in accordance with trade customs between among merchants. Especially packing is to be considered under the local law and process. Sometimes tax will be added to specific condition of packing for example glasses, metal sheet or others. Warning signs shall be included as form of both words and diagrams, and be in form of ensuring understanding in the local market. Wide range of warning signs can be used for communications and understanding of packing. Packing of a product can usefully symbolize a range of product information, or any relevant warnings, and give an opportunity for displaying messages of promoting the company and the goods. The seller may choose the best method to maintain its value but find a way to reduce packing cost, size for convenience during delivery, design, and local customs. There are many things to be considered for packing to seller. The purpose of packing is to protect the goods itself and to maintain its economic value during storage, delivery, transshipment, and distribution to end users.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.340-343
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• 2004

The purposes of this study is to survey unfair aspect of specific provisions in the construction contract. The research method of this stud)'includes judicial precedents and a questionnaier survey. The result of thus study are as follows: 1) unfair payment condition gives increase to faulty construction. 2) shift of the responsibility gives increase to delay, 3) adjusted contract sum gives increase inappropriate compensation to contractor.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.437-441
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• 2004

This study aims to propose a set of improvement devices for construction dispute resolution clause of public improvement project in Korea. To do so, the study addresses the system and procedure of construction dispute resolution in domestic and overseas, and reviews precedent cases, specifically focused of a selective arbitration case. In public sector's initiated contracts, the absence of c)aim procedure clause is unable to response to the claims in timely manner, and the ambiguity of clause o( selective arbitration make it difficult to resolve a dispute by arbitration. Thus, in this study alternative dispute resolutions are explored as a way to resolve various construction disputes of public-initiated project in developed countries.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.31 no.6D
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• pp.793-801
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• 2011

Existing specifications of road pavement require contractors to meet only materials and construction conditions regardless of pavement life. There are limitation of developing road pavement technology and possibility causing dispute between ordering organization and contractor with this type of specification. Research efforts to introduce performance warranty contracting are in progress in the field of road pavement to improve the problems. The performance warranty contracting gives the contractors opportunity to select materials and construction methods as they like. But they should satisfy a certain level of performance during a given period. The performance indicator and threshold value of pavement which are main elements of the warranty specification should be defined first to introduce the performance warranty contracting successfully. In this study, the performance indicator, threshold value, and warranty duration of asphalt pavement were investigated by reviewing literatures on performance warranty contracting of some states of the US. Major distresses influencing the performance of the asphalt pavement were investigated at 24 national expressway lines and national highway lines in 16 regions, and the data were analyzed to be compared to the cases of the US. Development of rational performance warranty specification for domestic asphalt pavement is expected based on the research results.