• Journal of the Korea Institute of Building Construction
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• v.17 no.5
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• pp.445-451
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• 2017

Because of the supply-demand problem of aggregate, recently, the construction sites using 100% crushed sand are increasing and the use of low quality aggregate such as farmland sand is increasing too. When the low quality aggregate is used, the various quality defect of concrete such as the strength reduction, the increase of shrinkage and bleeding can be occurred. Therefore, in this study, the performance improvement PC admixture was developed to minimize the quality defect of plain concrete of basement parking area, when the low quality aggregate was used at the plain concrete of basement parking area. The slump loss to elapsed time test, the compressive strength test, the bleeding test and the drying shrinkage test were carried out.

• Journal of Advanced Navigation Technology
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• v.21 no.3
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• pp.230-242
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• 2017

A significant rise in product-liability cost is expected due to the newly passed product liability amendment Bill approved during the assembly plenary session on March 30, 2017. Korean government legal service(KGLS) filed a damage suit against Korea aerospace industries, Ltd.(KAI) and Hanwha Techwin Co., Ltd., the manufactures of the KUH-1 Surion helicopter crashed. KGLS alleged claims under the product liability Act, the warrant liability Act and the non-performance of contract act. The accountability limits of military aircraft manufacturers was a highly divisive issue among related scholars and legal practitioners. The bottom line was that military aircraft manufacturers had no product-liability insurance available. The United States courts have, therefore, developed the government contractor defense(GCD) and it was recognized by the U.S. Supreme Court in Boyle v. United Technologies corporation(1988). product liability insurances for military aircraft manufacturers are excessively expensive and it cannot be added onto the military procurement cost accounting. However, having an aircraft accident without one can be ruinously expensive. Therefore, the manufacturers should promptly set up appropriate risk management measures. This thesis will first review the advance GCD theory, and then find a way to either reform government contract related regulations.

• Journal of the Society of Disaster Information
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• v.15 no.4
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• pp.540-547
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• 2019

Purpose: This paper is for the improvement of the fire gate performance that occurs between the construction company and the residents. A survey was conducted on experts in the construction to prepare the causes and measures for the suit. Method: The application of the Analytic Hierarchy Process(AHP) resulted in the following conclusions. Results: TIn the 2nd tier, 28percent of the "strengthening standards for installation of fire prevention zones" included in the "institutional strengthening of stnadards" of the 1st tier had higher importance. In the 3rd tier, "strengthening the installation standards by floor area" and "strengthening the standard of fire-resistant structures" showed high importance. Conclusion: The results suggest that detailed legal criteria for detailed installation criteria with varying site conditions are needed.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.211-253
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• 2005

Recently, the Korean Supreme Court released two important decisions concerning damages for the pain and suffering from Aircraft noise. The local people who are living near the Air Force practice site at Maehyang-ri and the Kimpo International Airport brought lawsuits against the Korean government requesting damages for their financial loss from the severe noise and the damages for their pain and suffering. Plaintiffs alleged that they suffered physical malfunctions, extreme disturbances and the reduction of property values from the extreme noises which were daily repeated. District Court of Seoul Province did not allow plaintiffs all but the damages for pain and suffering. Plaintiffs could not prove the causation between their financial loss and the noise. The Supreme Court confirmed the lower court's decision. Article V of the National Compensation Act (analogous to the Federal Tort Claims Act of the USA) reads, "the government shall be liable for any loss caused by the defect on establishment or maintenance of public facilities." In the two cases, the major issue was whether the government's establishment or maintenance of Air Force practice site and the airport was defective because they caused serious noise to surrounding neighbors. Previously, the Supreme Court interpreted the clause "defect on establishment or maintenance of public facilities" as failure of duty to provide safety measures to the degree generally required to ordinary manager. However the Court at this time interpreted differently that the defect could be found if the facility caused to any person loss to the degree intolerable. In the two cases the Court confirmed the lower court's finding that noise level at the site was severe enough to be intolerable. This standard is based on the severity of the loss rather than the failure of duty. It became easier for plaintiffs to prove the cause of action under this interpretation. The consequence of the ruling of these two cases is 'rush to the courtroom' by the local people at similar situations. The ruling of these two cases was not appropriate both in theory and in consequence. The Korean tort system is basically based on the theory of negligence. Strict liability is exceptional only when there is special legislation. The Court created strict liability rule by interpreting the Art. V of the National Compensation Act. This is against the proper role of the court. The result of the cases is also dismal. The government was already sued by a number of local people for damages. Especially the Department of Defense which is operating many airports nationwide has financial hardship, which will cause downsizing military practice by the Air Force in the long run, This is no good to anyone. Tens of millions of dollars which might be used for compensation might be better used to prevent further noise problem surrounding airports.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.139-175
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• 2017

The Assembly plenary session on December 3, 2017 passed a Product Liability Amendment bill that introduced clauses concerning consumer burden of proof and punitive damage reimbursement. More specifically, these newly approved provisions will reduce the burden of proof placed on consumers and levy triple punitive damage on suppliers. Significant increases in the number of product-liability lawsuit and the number of related insurance contracts are expected. Since military aircraft are designed for operational purpose(seeking greater combat effectiveness over greater safety) and used in high-risk environment, it is practically impossible to obtain an affordable product-liability insurance, Without having any backup plan, military aircraft manufacturers directly face all sort of liability risks under Product Liability Act, Warrant Liability Act and Non-Performance of Contract Act. The U.S. experienced similar problems when they first implemented their product-liability law in 1970s. There had been a big dispute among legal practitioner, insurance professionals and scholars concerning military aircraft manufacturer's liability. In order to settle the issue, the U.S. Supreme Court has established a new precedent of Government Contractor Defense(GCD). The U.S. government also included an indemnity clause for military aircraft manufacturers in their FMS Contract with the Korean government. Likewise, Korean military aircraft manufacturers should 1) clearly understand their current position that they cannot afford expensive product-liability insurance and the cost is not accounted in the military procurement calculation, 2) estimate potential liability risks with the ongoing overseas export expansion in mind, 3) set up appropriate risk management measures through regulatory reform and policy development.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.385-444
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• 2003

Current Military Airbase Law, in an effort to promote safety of military aircraft and security of military airbase, requires an administrative agency or its empowered branch to consult with the Secretary of Defense or the commander of the airbase before they issue a certain administrative approval or decision related to the installation. Although this consultation process purports itself in simplifying what can be an protracted administrative procedure, and in unifying objectives of the military and the administrative services, such procedural requirement is vulnerable inevitability of various legal problems whenever there is a conflict of interests among civil, military, government services. Nor is there sufficient studies done by academian in the area of bureaucratic issues of administrative resolution, and certainly not in the area of the military consultation procedure. This article, with such reality in mind attempts to constructively examine 1) when a consultation application is submitted, whether the discretionary power of the commander of the affected airbase is acknowledged at the outset; 2) if the content of the consultation is deemed unlawful, whether a civilian can institute an administrative lawsuit against it; 3) problems about the subject matters of the consultation requirement within the framework of military airbase law; 4) whether the issuing administrative agency must abide by and issue approval or decision in accordance with the opinion proposed by the said commander; 5) the legal problems of the remedial measure such as an order of removal, appellate review, notion to challenge authority, and etc. in cases such as administrative agency ignoring the commanders proposal or issuing final approval or decision that is inconsistent with what was consulted and agreed upon between both parties.