• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2006.11a
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• pp.301-304
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• 2006

The insistence of rights and interests in contract is being generalized by opening in construction market which is following F.T.A, internationally. Conditions of contract in construction have different specialities compared with other industries. Different conditions of contract should be established because of a specific character that is different from each construction, such as work, environment, circumference conditions. Although the order of Turn-key is being expanded by increasing construction scale and demanding hybrid function, the suitable regulations of contract are not settled. As a result, various factors of claim is occurring in Change Order-Claim, because they just obey a part of guide-line. This study suggests useful solutions in detail concerned with the main factor of Change Order-Claim by each D/B phases through practical sorting and analysis of the causes of Change Order-Claim.

• Journal of the Korean Institute of Landscape Architecture
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• v.29 no.5
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• pp.115-124
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• 2001

The purpose of this study is to examine the rightness of establishing the Essential Act of Landscape Architecture in Korea and to present the legal phase, the legislative system and the construction of a contents at the expected enactment of it. It is necessary to point out the problems of the various fields of landscape architecture and to propose the solutions of them. The contents of the study are as follows, 1 . The number of the regulations related to landscape architecture is a good reason for which the field of landscape architecture is worth being included to the positive law. 2. The problems by items(ordinance, engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, material, aesthetics and sight, environmental conservation and ecology, right and penal regulations) to the domestic related regulations being at issue and the remedies for it shall be considered at the enactment of the Essential Act of Landscape Architecture. 3. The number of the domestic regulations being related to landscape architecture which have a term of\` the Essential Act∼\`is 5. 4. The Essential Act of Landscape Architecture is the separate Essential Act welch defines the scope of landscape architecture as construction works and controls the business essentially. 5. The meaning and character of the Essential Act of Landscape Architecture was examined and the reasons for that essential act were recognized in point of the legal, landscape architectural and educational systems. 6. The creation of new official landscape architectural organization is a reason to justify the enactment of the Essential Act of Landscape Architecture. 7. The legal phase, the legislative system and the construction of a contents of the Essential Act of Landscape Architecture ware presented and this act shall conform to such as the legal system of the Architectural Act, the Essential Act of the Construction Industry and so on. The result of this study will be the basic materials for the creation of the Essential Act of Landscape Architecture.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.81-109
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• 2021

This paper review about the relationship between the prohibition against medical refusal and the principle of private autonomy in medical contracts. The obligation to this Prohibition in Medical Law does not restrict the liberty of contracting a medical contract. On the other hand, the prohibition limits the freedom to terminate medical contracts. Medical contracts can be terminated if the trust between doctors and patients is vanished. However certain restrictions should be placed on termination of the medical contract, because termination of the contract should not be detrimental to patients' health. According to the current medical law the medical contract is to be enforced in principle and can be revoked only with justifiable reason. At the Civil Code on Medical Contracts the freedom to terminate the medical contract is permitted, but this paper suggests the restrictions of the revocation under certain conditions. The Criminal Punishment Regulations against medical refusal should be removed. Refusal the provide medical service should be regulated by administrative sanctions under the National Health Insurance Act's obligation.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.26 no.4
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• pp.389-395
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• 2016

Objectives: Acute methanol poisonings known to be typical occupational diseases occurring in developing countries broke out in sub-contract manufacturers in the early 2016. The present paper attempted to identify underlying causes which hide under apparent findings, and suggest alternative policies to prevent recurrence of similar intoxication Methods: We evaluated occupational health and safety characteristics of workers in micro-enterprises similar to workplaces with methanol poisoning by in depth-interview of employers, workers, and labor inspectors, and literature review. Results: The common findings of workplaces with methanol poisoning were addressed; First, the victims were illegal agency workers. Second, the workplaces were sub-contract micro-manufacturers with less than 5 employees. Investigators found that local ventilations did not work, while most of workers did not wear any proper personal respiratory protective equipment in the workplace. In addition, periodic environmental monitoring and medical check-ups were not done. However, these apparent findings do not appear to be root causes of methanol poisoning. Our in depth-analysis clarified a root cause; micro-enterprises with less than 5 employees are exempted with essential regulations of OSH Act, and employers do not know about OSH Act. Conclusions: We suggest occupational health policies to prevent recurrence of similar intoxication; First, government should introduce programs so that all employers should know about employers' responsibilities in OSH Act from the start of business. Second, even manufacturers with less than 5 employees should not be exempted with essential regulations of OSH Act. Finally, employers should take responsibilities for health and safety of all the workers including agency workers working in workplaces.

• Korean Journal of Construction Engineering and Management
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• v.6 no.1 s.23
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• pp.186-194
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• 2005

The purpose of this study is to examine the problems of the regulations regarding the modification of subcontact price. It also suggests several measures to improve the regulations related to the subcontact price adjustment which help to reduce unnecessary claims and commercial disputes. The literature research, structure and context analysis on the subcontract regulation and survey are adopted as basic research methods. The primary findings of this study are summarized as the following: (1) A provision outlining necessary procedures that an owner and a contractor should notify a subcontract or the adjustment of contact price needs to be made. (2) A provision allowing procedures that subcontactor could make the alteration of subcontract agreement and adjustment of subcontact price needs to be made. (3) The terminology like a unit cost and the rate of contact price needs to be clearly defined in order to improve the criterions of the subcontact price adjustment. (4) The criterions and additional expenses that the contractors ate responsible far need to be defined.

• Journal of the Society of Naval Architects of Korea
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• v.52 no.3
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• pp.265-274
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• 2015

International organizations and classification societies established rules and regulations to which shipbuilders and ship operators should comply during design, construction, even operation keeping from hazard to life of crews and ocean environment. Hence, rules and regulations could be guidelines for design and construction of ship sometimes. In practical wise, ship structure designers be predisposed to design lightest and easy-to-product structures which satisfy rules and regulations. Therefore, changes of rules and regulations are remarkably important issue to related industries. In 2006, IACS established and released Common Structural Rules for Bulk Carrier and Common Structural Rules for Double Hull Oil Tanker. These CSRs are consolidated and unified rules of class society's rules. But these two rules are different from each other. IACS has plan to release unified rule of two ship type called Harmonized Common Structural Rule for Bulk Carriers and Oil Tankers. This new rule will be effective from July 2015. Hence, bulk carrier and double hull oil tanker whose contract date is on and thereafter July 2015 should be complied with CSR-H. Therefore, it is highly important to be aware of consequences and cause of consequences with respect to CSR-H. The object of this research is to compare requirements of structure scantling in way of midship area for selected target ship according to CSRs and CSR-H and to analysis cause of deviation between two rules.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.22 no.3
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• pp.269-288
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• 2011

Acquisition processes in public libraries, especially as influenced by policies and regulations both in national and regional levels have not been in the main area of concerns in the research of library and information science. While the area of collection management has yet been one of the major issues in this filed, public library book-purchasing in the major factor to achieve effective library collections. This study concentrated on the policies and regulations that attempts to normalize and control the acquisition process in public libraries. This research analyzed and investigated (1) various policies and regulations regarding the library collection as public procurement, (2) legitimacy of decision between normal price procurement and discounted price contract under the current policy on normal retail price of books, (3) budget allocation, (4) policies on library acquisition processes. Suggestions are also added for the efficient collection building in public libraries.

• Journal of Arbitration Studies
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• v.26 no.2
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• pp.3-25
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• 2016

Lately each country tends to provide neutrality and ease of enforcement in order to settle disputes related to international trade through commercial arbitration. In order to expand the use of arbitration systems, most countries accept arbitration agreements as an effective tool agreed between parties that express their intent to settle disputes by the arbitration. It is applied equally to selective arbitration agreements and parties can select either arbitration or lawsuit to settle disputes based on the contract intent for selective arbitration agreements. However, China does not admit the effectiveness of selective arbitration agreements. Chinese courts regard selective arbitration agreements as not valid because the contract of a selective arbitration agreement between parties is not a definite expression to only use the arbitration and there is no exclusion of court jurisdiction. Therefore, the study attempts to consider effective conditions for selective arbitration agreements in the Chinese arbitration act and other relevant regulations, and also verifies the judgment by Chinese courts on relevant disputes. As a result, the study explores some problems and implications of Chinese selective arbitration agreements and suggests some precautions in case Korean companies pursue selective arbitration agreements with Chinese enterprises and investors.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2019.05a
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• pp.80-81
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• 2019

Change requests occur persistently in the construction phase of a construction project. The law requires that the contract amount be adjusted in accordance with the relevant regulations when there is a change in the construction amount due to the design change in the construction contract. SAVE international, on the other hand, defines the value methodology as a systematic and structured approach to improving projects, products and processes. Design Changes in the construction projects require organizational efforts to improve value and quality. However, the law does not include change requests in which the VE object is fixed and related data is collected and function analysis can be derived in a short time. Therefore, it is necessary to apply VE to the design change procedure, which can further improve the value of construction work. The application derived from this study need to be presented as simply as possible without compromising the basic concept of VE. If the application is extended to the field and proved to be effective, it is expected to contribute to the overall value of construction work.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.71-91
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• 2022

The CISG does not stipulate the subject of the burden of proof, and in the arbitral award, the buyer is liable for proof compared to the seller for nonconformity of the product. Without a unified interpretation of the burden of proof of non-contractual goods, confusion of uncertainty may increase if the parties to the sale contract have a dispute due to the trade in goods. It is an important issue to create a unified regulation on this because the courts or arbitration agencies of the Contracting States of the CISG interpret and apply the "seller's obligation to conform to the goods contract" stipulated in this Convention in various ways. In this study, in the case of international Sales of Goods there is a tendency to prefer arbitration through arbitration agencies in the dispute, so the subject of burden of proof is analyzed through arbitration cases applied by CISG as the governing law. Most international commodity trading around the world is regulated by this Convention, but according to the rigid convention regulations, it is analyzed and interpreted through cases where this convention is applied to each country's international arbitration, suggesting the need for a rigid CISG revision.