• Journal of Korea Fair Competition Federation
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• no.73
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• pp.2-12
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• 2001

미 법무부의 독점금지국(the Antitrust of the U.S. Department of Justice)은, 지난달 제일제당과 두 일본기업이 미 독점금지법 위반을 인정하는데 동의했다고 발표하였다. 미 법무부 독점금지국은 미국 상거래에 영향을 주는 호전적 카르텔에 있어서는, 연루된 기업의 국적에 상관없이, 또한 그 기업이 미국 역내에 있느냐 역외에 있느냐를 불문하고 자국의 독점금지법을 일괄적으로 적용해 오고 있다. 따라서 이런 기업들은 미국 독점금지법하에서 벌금이나 심지어는 금고형으로부터 자유로울 수가 없는 것이 현실이다. 미 법무부의 독점금지국은 판사의 형 선고 재량권을 현저하게 약화시킨 형 선고에 관한 지침(United States Sentencing Guidelines), 그리고 카르텔 공동협력에 있어 공모에 대한 증거제공 및 공동행위를 신고한 기업에 대해 형량감경제도(Corporate Leniency policy)를 효율적으로 운영함으로써 지난 몇 년간 미국 역외에서 발생한 공동행위에 대해 수많은 형사적 유죄판결을 받아내었다. 지난 수십년간 독점금지국은 가격고정, 입찰담합, 시장할당 그리고 셔먼법에 의해 당연위법으로 인정되는 경쟁자간의 합의에 관련된 기업들과 개인들에 대해 조사하고 형사적으로 소추해왔다. 이 모두는 불합리하게 거래를 제한하는 합의로 독점금지법에 의해 금지되는 행위들이다. 연방법은 현재 셔먼법 위반에 대한 벌칙으로 거래를 제한하는 공모에 합의함으로써 셔먼법을 위반한 기업에게는 최고 1,000만 달러, 개인에게는 최고 35만 달러의 벌금을 부과할 수 있으며 최장 3년간의 징역에 처해 질 수 있다고 규정하고 있다. 그러나 벌금액은 1987년의 형사벌금개선법(The Criminal Fines Improvements Act: 법원이 개인 및 기업에 대한 범죄에 의해 야기된 이익이나 손실의 두 배에 해당하는 금액 중 더 큰 금액을 선택적으로 부과할 수 있다는 규정)에 의해 극적으로 늘어나고 있다. 이 논고에서는 미 법무부 독점금지국이 글로벌 카르텔과의 전쟁을 성공적으로 수행하게 된 과정을 간략하게 검토하고, 그 과정에서 다루어진 중요한 사건 중 두 사례를 선정해서 고찰해 보기로 하겠다.

• Journal of Engineering Education Research
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• v.9 no.4
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• pp.5-9
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• 2006

In this research, a case study for cooperative learning practiced in a design class for environmental engineering was presented. Designing a treatment facility for urban diffuse pollution was a main problem given to the participants. Turn-key system for civil works were simulated throughout class works. Twenty five students were grouped into four virtual companies and assigned own position from chairperson to workers. Each group competed throughout establishing design concept regarding order, expense calculation, process distribution, actual calculation. Best design with lowest bidding won the first place. For evaluating class effectiveness, one student from each group were monitored thorough semester. Participants were improved for their understanding about company establishment, turn-key system management, awareness about personal management, and presentation skills. Tension of the class was effectively elevated as well.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.419-423
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• 2008

The necessity of specialized and systematic management has been a tendency to accomplish the goal of business efficiently according the trend of construction industry has become bigger, complicated and specialized as well as Placing an order of CM(Construction Management) Service has been Increased because it made viable and positive effect. Institutional plan is necessary CM application from planning, realistic estimation of CM service charge, converting understanding among paticipants for the business and inducing specialization through certifyizing CM qualification to develop CM. But, it makes some realistic and unexpected pro41ems in the middle of step-by-step CM management for doing its business. So we need to consider a measure. This study suggests problems in practical a)fairs and improved idea that it summarized each stage of a bid for CM, planning, construction contract. It shows direction to take root successfully and develop.

• Journal of Korean Society of Transportation
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• v.26 no.1
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• pp.65-78
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• 2008

After the railway reform in 2004, Korea National Railroad was divided into two separate organizations. The Korea Railway Network Authority is responsible for the construction of new line. Korea Railroad corporation is a public-owned railway operator. The compensation for the loss of rail operator from the Public Service Obligation(PSO) observance is specified in the Law of Rail Industry Development No.32, No.33. However, it is necessary to revise the compensation criteria of PSO after the actual enforcement of the law for more efficient rail operation. This study aims for revising compensation criteria of PSO. In this study, we suggested a revised compensation criteria. The scope of compensation for the loss of regional line operation was adjusted by new criteria considering the characteristics and the business results of the line. The compensation rate is linked with the actual business results of the line for giving motivation to the rail operator.

• Korean Journal of Construction Engineering and Management
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• v.7 no.2 s.30
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• pp.109-117
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• 2006

Recent rapid changes such as construction market reduction, lowest bidding system of construction cost, five days per week system, and post-construction sale system are inevitably accelerating the competitiveness between construction companies. Those rapid changes of construction environment require construction companies, which are main participants of construction industry, to adapt to the changes and more to lead new construction environment. However, there are many construction uncertainties which could delay construction completion. Without the proper identification of construction uncertainties, structured strategy establishment and management of construction schedule, the competitive advantages of construction duration could not be made. Thus this paper limited the research boundary to construction duration competitiveness instead of general strategy establishment. Recognizing the importance of proper calculation of construction duration, requirements of construction duration reduction and limited researches related to construction schedule strategy, we established the 25 strategies for construction duration competitivenss by internal and external construction environment analysis and SWOT analysis, and then elicited the first considerations to accomplish the strategies through concensus of all the staffs by questionnaire, brainstroming and face-to-face interviews.

• Korean Journal of Construction Engineering and Management
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• v.11 no.5
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• pp.15-23
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• 2010

Construction management(CM) in the private building sector has been leading the growth of the CM market in Korea. The use of CM services during pre-construction stages has been recognized as a critical factor to succeed in construction projects. Understanding clients' needs of pre-construction CM services is important for CM fedms to strategically prepare and cope with market needs. The objective of this paper is to investigate the level of use of CM services in private building projects during pre-construction stages, and to identify key characteristics and implications. The most distinctive characteristics include the high demand and use of cost management and time management services during pre-construction stages.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.4
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• pp.285-292
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• 2020

Despite the government's constant exertions on making a win-win environment through positive discrimination for small and medium-sized companies and local companies, they are suffering from order polarization, weak competitiveness to win a project, and low profitability in highly competitive market situations resulting from the contraction of the construction market. This study examined the U.S. policy and regulations on protecting the relatively weak entities in the construction industry, focused on a goaling program, setting aside the bid preference for small and middle-sized companies and local companies. From benchmarking, some implications were drawn to reconsider the goal of policy and regulations for small and medium-sized companies and local companies. In conclusion, unlike domestic positive discrimination regulations, which are based on the concept of market sharing that can allow a paper company to survive, those of the U.S. are based on the principle of fair competitiveness, and also provide a certain degree of advantage for small and medium-sized companies and local companies. Therefore, the domestic positive discrimination policy and regulations for small and medium-sized companies and local companies need to be reconsidered toward the direction of not only protecting them but also to strengthen their competitiveness in the market.

• Korean Journal of Construction Engineering and Management
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• v.14 no.4
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• pp.24-34
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• 2013

Since 2004, the government decided to gradually introduce Actual Cost Data into cost estimate for improving problems of below-cost tendering and to reflect fair market price through competition and carry contract efficiently. However, there are many concerns that Actual Cost Data has not reflected real market price, even that has contributed to reduce the government's budget. General construction firm's burden for labor cost is imputed to specialty contractors and eventually it becomes construction worker's burden. Therefore, realization of Actual Cost Data is very important factor to settle this system. To understand realization level and make short term forecast, this paper drew construction group of which labor cost constitutes more than 95% of direct cost, and compares their Actual Cost Data with relevant skilled workers's unit wage and predicts using time series analysis. The bid price which is not be reflected market price accelerates work environment changes and leads to directly affect such as late disbursement of wages, bankruptcy to workers. Therefore this paper is expected to be used to the preliminary data for solving the problem and establishing improvement of Actual Cost Data.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.32 no.5D
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• pp.493-498
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• 2012

Korean construction companies have maintained stable market share based on high technology and cost competitiveness although international construction market has been stalled due to increasing global economy uncertainties. However, Korean construction companies have relied heavily on the general types of projects in Middle East and Asia although the portion of different types of projects such as Build-Transfer-Operate (BTO), Build-Transfer-Lease (BTL), and Public-Private-Partnership (PPP) has been increasing in the market. When delivering huge projects requiring contractors deal with activities from project planning to operation, securing finance sources and profitability is deemed critical. Therefore, Korean construction companies need more attentions on the construction market supported by Multilateral Development Banks. However, Korean construction companies have not utilized effective strategies for the market entry and also government supportive policies are not useful enough to help construction companies. This study aims both to analyze the contract structure of Korean construction companies for presenting critical factors that need to be prepared and to suggest various methods that can be applied to support construction companies that have much interest in the Multilateral Development Banks. According to the results of study, it is important that Korean government provide structural information system, make a specialized organization, prevent over-heating among Korean construction companies, and collaborate with Official Development Agency. In addition, it appeared that the fairness and financial stability of project have recognized main advantages of the Multilateral Development Banks.