• Title/Summary/Keyword: 하자보수제도

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Analysis on Legal Issue of Lawsuits and Subjective Judgment on Defects in Apartment Building (공동주택 하자소송의 법률적 쟁점사항과 판정체계분석)

  • Park, Jun-Mo;Seo, Deok-Seok;Choi, Jeong-Hyun;Kim, Ok-Kyue;Park, Kang-Woo;Jo, Jae-Hun
    • Journal of the Korea Institute of Building Construction
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    • v.12 no.1
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    • pp.42-53
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    • 2012
  • Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

Systematic Improvement for Effective Operation of Long-Term Continuous Construction Contracts (장기계속공사계약의 효율적 운영을 위한 제도 개선)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.6
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    • pp.3-10
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    • 2019
  • The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

Study on Procedure for Escrow Account to Resolve Controversy of Intellectual Property Right of Software for Rolling Stock (철도차량 Software 지적 재산권 분쟁 해결을 위한 Escrow Account 적용 절차에 대한 연구)

  • Park, Jun-Hyung;Cho, Chi-Hwan;Kang, Chan-Yong
    • 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.

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Developing Response Plan for the Direct Buying System for SME's Construction Materials based on the Analysis of Material Procurement Management Load: Focused on the Owner Providing Public Apartment Housing (지급자재 조달관리부담 평가에 기초한 중소기업 공사용자재 직접구매제도 대응방안: 공공아파트를 공급하는 발주자를 중심으로)

  • Song, Sang-Hoon;Bang, Jong-Dae;Sohn, Jeong-Rak
    • Land and Housing Review
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    • v.4 no.4
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    • pp.425-434
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    • 2013
  • The Small and Medium Business Administration specified 123 construction materials mandatory to purchase directly and forced the public owners to provide the contractors with materials as required by related law. This study extensively reviewed various characteristics and management factors of the owner-providing materials consumed in the public apartment housing under Direct Buying System(DBS) from the public owner's perspective. Subsequently, the major managed materials were identified, and the proper response plan was developed along the material procurement process. The Procurement Management Load Indices (PMLI) of 43 materials were evaluated according to rating criteria with procurement path, project-specified level, user requirement level, supplier's responsibility, on-site work requirement, additional parts, and inspection standards. The tile and aluminum windows were classified in the group needing high-level procurement efforts to reduce the errors and ensure the efficiency. The accurate quantity estimation method, definite purchase details, management activity definition before and after production, additional quantity for rework, interference coordination were defined as the essential activities for effectively responding to DBS.