• Journal of Arbitration Studies
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• v.31 no.2
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• pp.119-135
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• 2021

South Korea has the most advanced technology in the Fourth Industrial Revolution era because of its high-speed Internet commercialization. However, the industry is shrinking due to its various regulations in building and its utilization of personal information as big data. Currently, South Korea's personal data utilization business is in its early stages. In the era of the 4th Industrial Revolution, it is difficult for startups to use data. There are various causes here. Above all, legal regulations to protect personal information are emphasized. This study confirms that transactions of personal medical records through My Data can be made. Moreover, it confirms that there is a need for a mediating role between stakeholders. This study lacks statistical access in the process of performing stakeholder roles. However, personal medical records will be traded safely in the future, and new subjects will enter the market. Furthermore, the domestic bio-industry will develop. Through this study, various problems were derived in establishing Medical MyData in Korea. Moreover, it looks forward to continuing various studies in the health care sector in the future.

• Journal of the Korea Institute of Building Construction
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• v.21 no.2
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• pp.129-139
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• 2021

Recent rise in the supply rate of new public apartment houses leads to an increasement in disputes regarding the construction quality of the apartments between the residents and the construction companies. According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found; and 3) the fact that the court grants generous compensation for disputes concerning the apartment houses. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

• International conference on construction engineering and project management
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• 2017.10a
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• pp.281-290
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• 2017

As various stakeholders are involved in construction projects, disputes between the parties are more likely to occur, which is a very important issue for the participants in the projects. Claims in construction projects, however, are very complex and thus difficult to manage. In particular, as the cause of a claim in the preceding stage that has not been resolved in a timely manner has an effect on the cause of a claim in the following stage, it is difficult to find a point of compromise regarding a claim caused by the relationship between the causes that occur in the preceding and following stages. In this regard, this study sought to examine the rules for the generation of change order claims, which occur most frequently among the construction claims, and thus to select the key management targets through the analysis of the relationship between the causes of claims arising in the preceding and following stages for the efficient management of claims. It is expected that the use of rules for the generation of change order claims as well as of representative and similar cases will help the construction practitioners in judging claims, considering the relationships among the causes of the claims. Meanwhile, in this study, association analysis was conducted regarding the causes of the occurrence of change order claims in a design-build delivery method, and therefore, it is necessary to verify the effectiveness of the method when applied to other delivery methods.

• Journal of Construction Engineering and Project Management
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• v.7 no.1
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• pp.13-25
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• 2017

Construction projects have been observed to have problems of project delays and disruptions and the South African construction industry is not an exception. This research identified causes and effects of project delay and disruption through a desktop study. Subsequently, a questionnaire was designed and used to conduct a survey to obtain the views of the three main construction project participants - clients, consultants, and contractors. The questionnaire contains 48 causes and 13 effects of project delay and disruption identified from the desktop study. This research identified sixteen most important causes of project delay and disruption and five most important effects of delay and disruption. Sixteen most important causes were: (1) strikes, (2) rework due to errors during construction, (3) shortage of materials in market, (4) suspension of work by the client, (5) poor communication between the parties, (6) ineffective planning and scheduling of project, (7) delays in issuing working drawings, (8) mistakes and discrepancies in design documents, (9) shortage of labours and equipment, (10) delay in decision making process by the client, (11) unforeseen ground conditions, (12) unclear and inadequate details in drawing, (13) inadequate contractor's experience, (14) delay in approving changes in the scope of works, (15) delay in material delivery and (16) unacceptable quality of materials. The five major effects include: (1) create stress on contractors, (2) cost overrun, (3) time overrun, (4) poor quality of work due to rush, and (5) disputes. Furthermore, the result of this research was compared with the result of previous studies conducted in other regions of Africa in terms of causes and effects of project delay and disruption. The research concludes that numerous causes and effects of delay and disruption are limited to South African construction projects based on the comparison. The causes limited to South African construction projects include: (1) strikes, (2) suspension of work by the client (3) mistakes and discrepancies in design documents (4) delay in approving changes in the scope of works and (5) unacceptable quality of materials, while the two major effects limited to South African construction projects includes: (1) create stress on contractors and (2) poor quality of work. In conclusion, some recommendations were made in order to minimise the causes of delay and disruption identified.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2021.11a
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• pp.200-201
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• 2021

According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2019.05a
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• pp.74-75
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• 2019

There are certain types of construction that produces many defects during the construction of apartment buildings. It may be due to construction errors in the type itself, but more often, it is due to defects derived from other types of construction. Thus, to reduce such secondary defects and prevent fundamental defects in particular types of construction, academic research on the types of construction causing secondary defects should be actively conducted. In addition, as claimed in this study, the industries should work harder to improve the quality of the type of construction that causes secondary defects, rather than just trying to improve the ostensible problems. If the efforts of each sector are backed up, the disputes over defect repair in apartment building construction will reduce in general, which in turn will lead to a reduction in national loss within the construction industry.

• The Korean Journal of Franchise Management
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• v.2 no.1
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• pp.173-199
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• 2011

A franchisee has to depend on the overall system, such as knowhow and management support, from a franchisor in the franchise system and the two parties do not start with the same position in economic or information power because the franchisor controls or supports through selling or management styles. For this, unfair trades the franchisor's over controlling and limiting the franchisee might occur and other side effects by the people who give the franchisee scam trades has negatively influenced on the development of franchise industry and national economy. So, the purpose of this study is preventing unfair trade for the franchisee from understanding the causes and problems of dispute between the franchisor and the franchisee focused on the dispute cases submitted the Korea Fair Trade Mediation Agency and seeking ways to secure the transparency of recruitment process and justice of franchise management process. The results of the case analysis are followed; first, affiliation contracts should run on the franchisor's exact public information statement and the surely understanding of the franchisee. Secondly, the franchisor needs to use their past experiences and investigated data for recruiting franchisees. Thirdly, in the case of making a contract with the franchisee, the franchisor has to make sure the business area by checking it with franchisee in person. Fourthly, the contracts are important in affiliation contracts, so enacting the possibility of disputes makes the disputes decreased. Fifthly, lots of investigation and interests are needed for protecting rights and interests between the franchisor and franchisee and preventing the disputes by catching the cause and more practical solutions of the disputes from the government.

• International Commerce and Information Review
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• v.13 no.2
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• pp.151-176
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• 2011

The main objective of this study is twofold. The first is to investigate the main currents of Korean commercial arbitration. The second is to investigate the research methodology of Korean commercial arbitration in the perspective of disciplinary fusion perspective. The main findings of Korean commercial arbitration are as follows: first, the incidence of commercial arbitration increased in the Korean Commercial Arbitration Board during the period of 2006-2010, second, the primary causes of trade claims are disputes related with payment and those related with sales contracts, third and finally, the number of countries seeking to resolve disputes through arbitration has increased, including European countries. In this setting, it is necessary to investigate commercial arbitration through the inter-disciplinary perspectives. This study suggests that there are five research methodologies of commercial arbitration. They are legal theory related methodology, institutional methodology, cultural methodology, causal methodology and empirical methodology. Traditionally, the legal profession leads the field of commercial arbitration. However, it is necessary to introduce other elements to the field of commercial arbitration. This study highlights the disciplinary fusion approach among five research methodologies of commercial arbitration.

• Korean Journal of Bronchoesophagology
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• v.11 no.1
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• pp.15-20
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• 2005

Background : It is well-known that esophageal perforation (EP) is difficult in diagnosis and has high mortality rate despite proper management. There are disputes in regarding the reatment in cases of delayed diagnosis although in the early diagnosed cases, operation is recommended without arguments. Methods: From April, 2001 to December, 2004, nine patients who were diagnosed as EP in our hospital were analyzed retrospectively about the causes, the interval between the cause and the treatment, and operation methods. Results: There were 8 male and one female with men age of 49.3 years (range: 25-67 years). The causes of EP included perforations following operations of corvical spine in three cases, spontaneous perforation(Boehaave syndrome) in two cases, foreign bodies in two cases, operation of esophageal diverticulum in one case and blunt trauma bytraffic accident in one case. Mean interval between the first treatments and the causes was 11.6 days (range: 2-30 days). The sites of perforation were upper third of esophagus in three cases, middle third in three cases and lower third in three cases. All except two cervical cases presented as mediastinitis or empyema at the time of diagnosis. Primary repair and irrigation had been performed in 7 cases but five cases out of them required more than two procedures. Conclusions : More than one procedure wasrequired in the treatment of EP because of contaminations and infections which had been spread at the time of initial manifestatios, howeverprimary closure and massive irrigation is the best method in order to preserve esophagus unless the remaining esophagus is extensively damaged.

• The Journal of Fisheries Business Administration
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• v.50 no.3
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• pp.31-42
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• 2019

This study aims to determine problems of the damage investigation system of aquaculture products resulting from natural disaster and to deduce improvement plans for such problems. The main problems revealed from this study were as follows: 1) detailed damage investigation is carried out only by one particular organization, 2) for aquaculture insurance subscribers another detailed damage investigation is conducted to reveal the causes of natural disaster by a joint investigator team formed according to a different legislation with a different purpose, 3) damage investigation is usually suffered from lack of labor, budget and time due to the restriction of natural damage to a certain period of season leading to the absence of quick reaction capability for irresistible natural disasters, and 4) there are no specified procedures and protocols for deciphering causes of a natural demage. The improvement plans to find solutions for such problems are as follows: 1) for the investigation, the object, method and role of the investigation organization should be clarified by improving the present legislation, 2) investigation methods for determining the demage causes should be systematized by making a manual to minimize disputes, and 3) supports for the investigation organization should be institutionalized to guarantee sufficient budget and manpower. Under the present circumstance with continuous natural damages, smooth procedures of damage compensation would lead to the management stability of aquaculture farms.