• Title/Summary/Keyword: 계약조건

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Deriving Key Risk Sub-Clauses of FIDIC Conditions of Standard Subcontract -Based on FIDIC Conditions of Subcontract for Construction, edition 2011- (FIDIC 표준하도급 계약조건 핵심 리스크 세부조항 도출)

  • Hong, Seong Yeoll;Jei, Jae Yong;Seo, Sung Chul;Park, Hyung Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.42 no.3
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    • pp.439-448
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    • 2022
  • Recently, domestic small and medium-sized subcontractors participating in the overseas construction market are suffering from the continuous loss and damage due to the insufficient recognition of the importance of risk Sub-Clauses among conditions of subcontracts. Therefore, the need to derive risk Sub-Clauses for conditions of the subcontract has been raised, but until now, previous studies have been conducted focusing on deriving risk Sub-Clauses for standard conditions of contract for construction between the Employer and the Contractor. In this study, 52 risk Sub-Clauses were derived on the basis of the influence size of the Sub-Clauses through the Delphi technique targeting 94 Sub-Clauses of conditions of standard subcontract for construction edition 2011, issued by the International Federation of Consulting Engineers (FIDIC) and In addition, 33 key risk Sub-Clauses were finally derived through the PI Risk Matrix by Probability and Impact. The results of this study provide will useful information on key risk Sub-Clauses that need to be reviewed in advance to minimize contractual risks at the stage of bidding and signing contracts for overseas subcontract construction projects.

A Study on Electronic Contract Systems Using Digital Multisignature (디지털다중서명 방식의 전자계약시스템 적용에 관한 연구)

  • 박희운;강창구;이임영
    • Journal of Korea Multimedia Society
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    • v.1 no.1
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    • pp.56-65
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    • 1998
  • The multignature system is a digital contract system which can process multi-party contracts electronically. In this paper, we analyzed various insecure elements involved in general multisignature contract systems and suggest requirements needed for making such systems secure. Based on our analysis, we propose a new secure multisignature method and apply it to the conventional electronic digital contract systems along with several other existing multisignature methods. The applicability and the effectiveness of the newly developed method are demonstrated by comparing how well the suggested security requirements are satisfied by each method.

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An Analysis on the Problems of General Conditions for Domestic Design-Build Construction Projects (국내 설계${\cdot}$시공일괄발주방식을 위한 공사계약 일반조건의 문제점 분석)

  • Seo Young-Min;Park Chan-Sik
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.303-306
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    • 2003
  • Although design-build construction projects have recently increased. general conditions of construction contract are not reflecting the characteristic of design-build construction projects neither performing its fundamental roles as implying many claim elements. So. this study aims to propose the basis for improving the general conditions of the domestic design-build construction projects. This study reviews literatures associated with design-build construction contract and analyses domestic general conditions into foreign standard forms of general conditions. Additionally, it is examined the problems of design-build construction contracts and performed questionnaire survey to the practitioner in the construction contract field. In doing so, this study suggests the direction for improving general conditions of domestic design-build construction projects.

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A Proposal of Improvement Devices for General Conditions of Contract in Claim-related Provisions (공사계약일반조건의 클레임 관련 조항의 개선방향)

  • paik, Hwa-Sook;Yang, Chang-Hyun;Yoon, Ja-Young;Kim, Kyung-Hwan;Kim, Jae-Jun
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.273-276
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    • 2007
  • Construction work has character which claim or dispute is frequently raised. This means that each construction project has it's own contract documents due to the difference of environment and time. Therefore to overcome the associated risks, domestic contract rules and acts should be reformed. Several well-recognized contract documents developed by FIDIC, AlA, CMAA and general conditions of the contract is investigated and analyzed. Based on the research outcomes the direction of reformation is suggested.

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The problems for the usage and practical application of INCOTERMS 2010 in international trade contracts (국제 물품매매계약에서 INCOTERMS 2010의 사용 현황과 실무적 적용의 문제점)

  • Kim, Hae-suk;Jang, Jae-hun
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.19 no.12
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    • pp.2993-3002
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    • 2015
  • INCOTERMS 2010 apply to the International Trade Contract for the last 5 years. The export trade condition and the document type for last 10 years was researched to analysis of the practical problems of INCOTERMS 2010 application. The result of the research; First, several rules which are against the official INCOTERMS 2010 rules are used. Second, the conventional rules like FAS FOB, CIF and CFR which are used for the ocean and inland transportation are applied without any changes. Third, the issue of the time of delivery(transfer of ownership) at the CPT and CIP affects not to activate these two rules. Fourth, the frequency of the DAT use is low. Because, the terminal designate is hard at the point of the contract and the terminal is changeable during the transport. According to these issues, the active publicity campaign is needed for the INCOTERMS 2010. And, the analysis of the terms and the solution of conflict are also needed.

A Component Testing Technique based on Component Contract (컴포넌트 계약을 기반으로 하는 컴포넌트 테스팅 기법)

  • Park, Se-Hui;Lee, Byung-Sun;Jin, Young-Taek
    • Proceedings of the Korea Information Processing Society Conference
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    • 2003.05c
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    • pp.1821-1824
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    • 2003
  • 컴포넌트를 이용하여 작성된 소프트웨어의 테스팅은 컴포넌트의 다양한 특성 때문에 기존의 화잇박스 테스팅 기법을 적용하기 어렵다. 또한 컴포넌트의 통합으로 발생하는 인터액션 테스팅에 더 많은 비중을 둔다. 본 논문에서는 컴포넌트의 기본 및 행위 명세를 나타낸 컴포넌트 계약을 토대로 컴포넌트 테스팅을 수행하기 위한 방법을 제시한다. 컴포넌트 계약은 사전/사후 조건 및 불변 조건을 명시하는 OCL로 작성되며 테스트 케이스 생성과 인터액션 테스팅을 위해 이용된다.

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A Study on the Analysis of Change Order - Claim in Design-Build (설계시공 일괄입찰공사에서 설계변경 클레임요인의 분석에 관한 연구)

  • Lee, Sang-Beom;Hwang, Jae-Woo
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2006.11a
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    • pp.301-304
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    • 2006
  • The insistence of rights and interests in contract is being generalized by opening in construction market which is following F.T.A, internationally. Conditions of contract in construction have different specialities compared with other industries. Different conditions of contract should be established because of a specific character that is different from each construction, such as work, environment, circumference conditions. Although the order of Turn-key is being expanded by increasing construction scale and demanding hybrid function, the suitable regulations of contract are not settled. As a result, various factors of claim is occurring in Change Order-Claim, because they just obey a part of guide-line. This study suggests useful solutions in detail concerned with the main factor of Change Order-Claim by each D/B phases through practical sorting and analysis of the causes of Change Order-Claim.

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해외건설공사 수행절차(9) - Converted Lump Sum Turnkey 계약방식

  • 해외건설협회
    • 월간 기계설비
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    • s.223
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    • pp.75-78
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    • 2009
  • 전통적으로 주요 EPC(설계, 구매, 시공) 공사는 최초의 엔지니어링 작업(FEED : Front End Engineering Design)을 한 후, 경쟁입찰을 하여 총액계약(Lamp Sum)으로 공사를 수행했다. 최근에 EPC시공자의 위험부담을 줄이는 한편, 발주자는 경쟁적인 시공자를 확보할 수 있는 기회를 확대하면서 협상기간을 단축하교 조기착공을 위해, Lump Sum 가격을 늦게 결정하는 방법을 고려한다. CLST(Converted Lump Sum Turnkey)계약방식은 최초의 엔지니어링 작업을 한 후 경쟁입찰을 통해 1차 계약을 맺고(설계 및 특별 자재 공급에 대한) 공사를 수행하다 설계가 충분히 진행되고 핵심자재에 대한 견적이 입수되어 발주 가능한 시점 및 하도급사를 선정할 준비가 된 시점에서 1차 계약을 변경해 2차 계약을 맺는다. 2차 계약 시 1차 시 맺은 계약조건(직접공사비, 일반관리비 및 이윤, 최대한도 금액이 포함됨)을 기준으로 하되, 발주자가 Open Book 형식으로 공사비를 평가하고 재협상하여 Lump Sum 금액으로 전환해 합의한다. 이후 Lump Sum Tumkey 계약과 동일한 형식으로 공사를 수행한다.

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The Design of Optimal Recall Insurance Product (최적 리콜보험상품 설계에 관한 연구)

  • 김두철
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.3 no.4
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    • pp.325-332
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    • 2002
  • In the process of designing pareto optimal insurance contract, it is necessary to assume that insurance contract conditions are endogenous to build a model. The expected utility, the non-expected utility and the state-dependent utility function can be applied as a insurance decision making principle. The insurance costs may have the linear, convex, and concave ralationship with the indemnity schedule. However, the sunk cost and fixed cost must be recognized. The deductible which decides whether an insurance contract to be a full or partial insurance contract can exist in the forms of straight deductible or diminishing deductible. Indeciding the level of deductible, the types of the insurance and the risks to be insured should be the deciding factors. Especially for recall insurance, there is relatively high chance that the recalling company being bankrupt. Therefore, the possibility of bankrupcy should be the considering factor in deciding the policy limit. The existence of the incomplete market and uninsurable background risk should be understood as restricting conditions of the pareto-optimal insurance contract.

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