• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.261-301
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• 2016

Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

• Journal of the Korean GEO-environmental Society
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• v.7 no.1
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• pp.19-28
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• 2006

In Korea, none of the design methods, which can consider the properties of hard soil, weathered rock and the condition of construction, are suggested. Therefore, the properties of geomaterial are simply classified into three categories such as sand, clay and rock for the resistance estimation of axially loaded drilled shafts in Korea. However, in America, O'Neill et al.(1996) presented design methods for a new category of geomaterial which is between soil and rock termed "intermediate geomaterials, IGM's". And FHWA(1999) adapted above most complete classification of geomaterials in its design manual. However, in Korea, these properties are depended on the engineer's judgement, the weathered rocks may be counted as soils, although they may be referred to as IGM's in America. In this study, the applicability of IGM method was investigated through the three construction sites in Korea. For the comparison, two geomaterial properties are applied, respectively. The one was sound soil condition and the other was IGM condition and classical design method and IGM method were applied, respectively. The results showed that the predicted bearing capacities of drilled shafts with IGM's were larger than the predicted values by the classical design method with sound soil condition.

• Composites Research
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• v.13 no.2
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• pp.30-39
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• 2000

It is difficult for civil engineer to apply composite materials of laminated type to structure for civil construction because of complicated theory although those have much merit. A simple method by which one can predict "exact" values of the natural frequency of vibration of laminated plates is presented. Many laminates with particular orientations have negligible values of $B_{16}$ and $B_{26}$ as the number of plies increases. Such laminates, with $D_{16}$ = $D_{26}$ ->0 can be solved by the same equation as for the special orthotropic laminates(1991,1995). If the quasi-isotrpic constants are used, It is possible to simplify analysis procedure since the equations for isotropic plates can be used. Use of some coefficients can produce "exact" values for laminates with such configuration. This coefficient, in fact, represents the effect of the anisotropy of the laminate. D. H. Kim proposed to use a correction factor, he developed, to produce "exact" solution out of the approximate solution obtained by using the quasi-isotropic constants(1995). In this paper, the fiber orienation studied is [$\alpha$/$\beta$/$\beta$/$\gamma$/$\alpha$/$\alpha$/$\beta$]r, with $\alpha$=-$\beta$, and $\gamma$${\gamma}$=$0^{\circ}$ or $90^{\circ}$ and the above-mentioned method is used to obtain the natural frequencies of plates with such orientations, and detailed result is presented for the use of engineers.nted for the use of engineers.

• Journal of the Korean Institute of Landscape Architecture
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• v.25 no.3
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• pp.66-88
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• 1997

There is no special law of Landscape architecture in Korea. So, examining the concept from the legal basis of LA with the viewpoint of a natural scientist not a jurist, this study was conducted to grasp the present condition of the name and the related text of the foreign laws in force which were connected with LA.. And those foreign laws were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. Current domestic regulations to the various fields of LA are assembled with the many related rules. The governmental organization conducting those business is nonexistent up to now and it is generally known to except the dept. of LA from the office organization in Korea. Being at a disadvantage as mentioned above, this study was progressed under the necessity of the scientific basis for the expected organic law of LA proposed to establish it by every field of LA. Though feels inconvenience if the study for the items itself of LA had been proceeded prior to the study of laws relating to LA throughout the study, such a extensive study will be a subject to be attempted constantly hereafter by all part of landscape architects. The contents of the study are as follows ; 1. The present condition of the foreign laws connected with LA 1. The proposal & analysis of the problems and the solutions to the domestic laws connected with LA 3. The proposal of the reasonable application pklan in order to establish the organic law for LA. Among the items relating to LA such as engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, open space, facilities, aesthetics and sight, park, land use and development planning, urban and regional planning, leisure space planning, environmental conservation and ecology, structural engineering of construction, administration, right and penal regulations, the laws dealing with the matter relating to LA directly or indirectly are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the independent law of LA is likely to be establish with not only selecting and arranging the matter having closed connections to LA directly but also being recognized as the systematic equipment of the LA business. It was to be analyzed the present condition of the collected foreign laws relating to LA. After pointing out the problems to the domestic related laws being at issue, the remedies for it were presented through the questionnaire of the landscape specialist in which the supporting opinions to the recognition to the problems and the solutions were come to a major portion. Three types of application such as applicable, non-applicable, applicable after examination were presented to decide whether or not the foreign related laws were applied to the domestic one. The result of analysis shows that 42 statutes and 9 ordinances are applicable, 4 statutes and 7 ordinances are non-applicable, 1 constitution, 81 statutes and 48 ordinances are applicable after examination.

• Journal of Korean Society of Steel Construction
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• v.27 no.3
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• pp.311-321
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• 2015

In this study, an experimental study to evaluate the seismic performance of beam-to-column connection for medium and low-rise building was conducted. Five connections using SHN490 steel were made with test variables such as flange welded or bolted, web welded or bolted. Specimen SHN-W-W is web welded and flange welded type. Specimen SHN-W-B is web welded and flange bolted type. Specimen SHN-B-W is web bolted and flange welded type. Specimen SHN-B-B is web bolted and flange bolted type. Specimen SHN-EP is a connection with the end plate to the beam ends. Cyclic loadings was applied at the tip of beam following KBC2009 load protocol. The load vs rotation curves for different connection are shown and final failure mode shapes are summarized. The connections are classified in terms of stiffness and strength as semi-rigid or rigid connection. Energy dissipation capacities for seismic performance evaluation were compared.

• Journal of the Korea Institute of Building Construction
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• v.11 no.4
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• pp.326-332
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• 2011

Carbon, Aramid, Boron and Glass fibers are used as fibrous materials to promote structural bearing strength. Of these fiber types, carbon fiber is the most commonly used material, and is characterized by having a one-way direction, which is strengthened by tensile strength due to the attached direction only, while other types of fibers are two-way. Therefore, when applied in the field, the attachment direction of fiber is a very important factor. However, when fiber direction is not mentioned in the design drawing, there sometimes is no improvement in structural strength, as the fiber is being installed by a site engineer or workers who lack structural knowledge. The purpose of this study was to propose an optimal direction of carbon fiber through a comparison & analysis of reinforcing efficiency with reinforced experimental columns that used carbon fibers in each of the inclined, horizontal and vertical directions. According to the results, horizontal direction in the reinforced column was improved by 153.43%, but vertical direction was 104.61% only, and it was understood this was due to increased tensile strength along the fiber direction. For this reason, it is necessary to include information regarding fiber direction in design and site management.

• Journal of the Korean Geotechnical Society
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• v.22 no.11
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• pp.89-99
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• 2006

The PCRW (Precast Concrete Retaining Wall) has many advantages compared with cast in place concrete retaining wall : shorter construction period, excellency of quality and minimum interference with the adjacent structure and traffics. However, shallow foundation type of PCRW, which has comparatively better ground condition, has some disadvantages such as difficulty in transportation and higher cost due to the size of PCRW being expanded by resisting only with self-weight if there is no other supplementary reinforcement. The presented study, in order to complement such disadvantages of PCRW, have applied the micropile method. The micropile method has advantages like low-cost and high-efficiency and does not require huge space, because it can be executed with small size equipment. However, the mechanical behavior characteristics of the PCRW reinforced by micropile, which is installed to improve the reinforcement effect, is not yet clearly identified and there is no suggested standard as to the length, diameter, install angle and install position of micropiles. Hence, this method is yet being designed depend on engineer's experience. In this study, various laboratory model tests as to sliding and overturning were performed in order to identify and present the optimum type of reinforcement and reinforcement effect of the PCRW reinforced by micropiles. In addition, it also executed numerical analysis for the purpose of verifying the optimum type of reinforcement for micropiles based on the results of laboratory model tests. The optimum reinforcement type of micropiles was estimated by model test and numerical analysis. The length of micropiles is 0.4 times wall height and the diameter is 0.04 times wall length.

• Proceedings of the Korea Water Resources Association Conference
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• 2015.05a
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• pp.237-237
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• 2015

The district of Marlborough has had more than its share of river management projects over the past 150 years, each one uniquely affecting the geomorphology and flood hazard of the Wairau Plains. A major early project was to block the Opawa distributary channel at Conders Bend. The Opawa distributary channel took a third and more of Wairau River floodwaters and was a major increasing threat to Blenheim. The blocking of the Opawa required the Wairau and Lower Wairau rivers to carry greater flood flows more often. Consequently the Lower Wairau River was breaking out of its stopbanks approximately every seven years. The idea of diverting flood waters at Tuamarina by providing a direct diversion to the sea through the beach ridges was conceptualised back around the 1920s however, limits on resources and machinery meant the mission of excavating this diversion didn't become feasible until the 1960s. In 1964 a 10 m wide pilot channel was cut from the sea to Tuamarina with an initial capacity of $700m^3/s$. It was expected that floods would eventually scour this 'Wairau Diversion' to its design channel width of 150 m. This did take many more years than initially thought but after approximately 50 years with a little mechanical assistance the Wairau Diversion reached an adequate capacity. Using the power of the river to erode the channel out to its design width and depth was a brilliant idea that saved many thousands of dollars in construction costs and it is somewhat ironic that it is that very same concept that is now being used to deal with the aggradation problem that the Wairau Diversion has caused. The introduction of the Wairau Diversion did provide some flood relief to the lower reaches of the river but unfortunately as the Diversion channel was eroding and enlarging the Lower Wairau River was aggrading and reducing in capacity due to its inability to pass its sediment load with reduced flood flows. It is estimated that approximately $2,000,000m^3$ of sediment was deposited on the bed of the Lower Wairau River in the time between the Diversion's introduction in 1964 and 2010, raising the Lower Wairau's bed upwards of 1.5m in some locations. A numerical morphological model (MIKE-11 ST) was used to assess a number of options which led to the decision and resource consent to construct an erodible (fuse plug) bank at the head of the Wairau Diversion to divert more frequent scouring-flows ($+400m^3/s$)down the Lower Wairau River. Full control gates were ruled out on the grounds of expense. The initial construction of the erodible bank followed in late 2009 with the bank's level at the fuse location set to overtop and begin washing out at a combined Wairau flow of $1,400m^3/s$ which avoids berm flooding in the Lower Wairau. In the three years since the erodible bank was first constructed the Wairau River has sustained 14 events with recorded flows at Tuamarina above $1,000m^3/s$ and three of events in excess of $2,500m^3/s$. These freshes and floods have resulted in washout and rebuild of the erodible bank eight times with a combined rebuild expenditure of $80,000. Marlborough District Council's Rivers & Drainage Department maintains a regular monitoring program for the bed of the Lower Wairau River, which consists of recurrently surveying a series of standard cross sections and estimating the mean bed level (MBL) at each section as well as an overall MBL change over time. A survey was carried out just prior to the installation of the erodible bank and another survey was carried out earlier this year. The results from this latest survey show for the first time since construction of the Wairau Diversion the Lower Wairau River is enlarging. It is estimated that the entire bed of the Lower Wairau has eroded down by an overall average of 60 mm since the introduction of the erodible bank which equates to a total volume of $260,000m^3$. At a cost of $$0.30/m^3$ this represents excellent value compared to mechanical dredging which would likely be in excess of $$10/m^3$. This confirms that the idea of using the river to enlarge the channel is again working for the Wairau River system and that in time nature's "excavator" will provide a channel capacity that will continue to meet design requirements.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.33 no.2
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• pp.89-102
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• 2015

This study contemplates the tendency of the examination questions for History of Korean Landscape Architecture. The study targets the questions of 'Landscape Architecture History' which has been set in the written test for National Qualification Test of a landscape engineer for recent 10 years from 2005 to 2014 and derives analyzable items based on the guidelines of question-setting presented by Human Resources Development Service of Korea. The results of the study are drawn as follows. First, among 5 areas composing Landscape History, the proportion of Korean Landscape questions is getting increased while that of Western ones is decreasing. Second, about 30 traditional trees and 11 types of traditional landscape elements including traditional facilities were shown in Korean Landscape questions. Besides, history, geographic, practical science, horticulture, anthology books and the 25 tradition landscape-related historic documents categorized as the garden painting data were found. And the kings from ancient era to Choseon Dynasty who were associated with the time of palace garden building, the builders or owners of the villas, the authors of the document and Chinese scholars also appeared. Third, there were no the questions of prehistoric times and Balhae Kingdom, whereas those of Choseon Dynasty were dominantly focused. Among the traditional sites of Choseon Dynasty, Byeolseo(villas) were set most, followed by Dosung or Gung-gweol(castle towns or palaces), houses, Nu Jeong Dea(pavilions) and Seowon(local schools) in order. Nak-an eupseong and Yong-ju sa were the only cases for a castle town and a temple each. Fourth, being associated with tradition spaces, the questions asked for understanding the detailed contents of time of sites' construction, builders, location features, building structures, ground plan types and the components s of garden. In addition, as a result of checking whether traditional landscape sites were shown in the set questions in 9 Korean Landscape textbooks, Dongchundang, Pungamjeonsa, Simgogseowon did not appeared. As a result of reviewing the tendency of the examination questions for History of Korean Landscape Architecture, the questions which ask minor facts without generality and which include difficult information and site uncomprehended in the textbook should be reconsidered.

• Journal of the Korean Institute of Landscape Architecture
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• v.37 no.3
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• pp.33-45
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• 2009

In the industry of landscape architecture, in which the core of production is manpower, the management of manpower is of utmost importance. The industry of landscape architecture, however, is highly sensitive to economic shifts and policy changes; this sensitivity renders the management of manpower-maintaining the balance between supply and demand-often times difficult. Currently, this vicious circle appears to persist in the sense that the industry suffers from a lack of skilled employees, and a new body of skilled laborers from the paucity of jobs. This study, in analyzing current manpower management as well as the prospective supply and demand in the field, looks forward to the stability of the supply and demand in landscape architecture in the nation. According to this study, the number of new skilled laborers-those who have a higher credential than that of "landscape architect-engineer"-is expected to increase by 10% per year. The number of new skilled laborers being 1,137 in 2008, it can be inferred that there will be a new group of 1,251 skilled laborers in the field in 2009. Meanwhile, estimating that the number of current skilled laborers in the field of landscape architecture is 14,783, the demand for new skilled laborers remains approximately 540. The supply of 1,251 skilled laborers outnumbers the demand of 540 by nearly 230%. Hence, the educational institutions of landscape architecture must be prepared to deal with this imbalance between the excessive supply and the lesser demand of skilled laborers. The issue of the excessive supply of manpower is particularly critical, because it may well undermine the competitiveness of the industry as a whole: compared to other related industries such as architecture and civil engineering, for instance. With the customary validation of long work experience no longer in effect, the need for an engineer's license will keep on increasing. It is time that educational institutions took this issue into full account and helped their students to be better qualified and more competent.