• 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.

• Korean Journal of Construction Engineering and Management
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• v.5 no.6 s.22
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• pp.203-211
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• 2004

This study is the results to survey on the problems and improvable Policies for current escalation system in construction contracts, through a Delphi survey to experts. From the survey results, it is desirable to decide the fluctuation rate of construction cost, which is the requirement of escalation clause, on the basis of inflation rate or construction cost index. The desirable price fluctuation rate is proposed as a $3\%$ level. However, it is difficult for construction companies to cope with the sudden increase of material price in advance, arising from short-term shock factors such as exchange rate and international raw material's price. Accordingly escalation system for specified materials, as an exceptional mode, should be introduced. As a method to calculate the fluctuation rate, ARCA(adjustment rate for the categories of articles) is more desirable than ARI(adjustment rate for an index), because the ARCA can be more reflected the characteristics of each construction work.To rationalize the ARI method, it is needed to announce the wage index, material index and machinery expense index via detailed classification by construction types. Also, it is desirable to prescribe the bidding date as a starting date of the price change, rather than contact signing date. considering the price change can happen since the biddiilg stage.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.35 no.4
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• pp.779-789
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• 2015

Because cable-supported bridges have long spans and large members, their movements and geometrical changes by temperatures tend to be bigger than those of small or medium-sized bridges. Therefore, it is important for maintenance engineers to monitor and assess the effect of temperature on the cable-supported bridges. To evaluate how much the superstructure expands or contracts when subjected to changes in temperature is the first step for the maintenance. Thermal movements of a cable-stayed bridge in service are evaluated by using long-term temperatures and displacements data. Displacements data are obtained from extensometers and newly installed GNSS (Global Navigation Satellite System) receivers on the bridge. Based on the statistical data such as air temperatures, each sensor's temperatures, average temperatures and effective temperatures, correlation analysis between temperatures and displacements has been performed. Average temperatures or effective temperatures are most suitable for the evaluation of thermal movements. From linear regression analysis between effective temperatures and displacements, the variation rate's of displacement to temperature have been calculated. From additional regression analysis between expansion length's and variation rate's of displacement to temperature, the thermal expansion coefficient and neutral point have been estimated. Comparing these parameters with theoretical and analytical results, a practical procedure for evaluating the real thermal behaviors of the cable-supported bridges is proposed.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.37 no.2
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• pp.427-435
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• 2017

Korea's overseas construction awards reached US $750 bn for more than 50 years since it first entered the market in 1966. In particular, the company won US $540 bn over 10 years from 2007, achieving 72% of the total contracts. However, in recent two years, awarded amounts have decreased by 40% each year. The most significant decline is due to the impact of international oil prices, which have plummeted since end of 2014, as oil-producing nations, which are Korea's major target countries, are struggling to cancel or postpone infrastructure orders. In order to lessen the impact of raw material price fluctuations, the recent trend is that even countries with relatively loose government financing conditions are rapidly changing their ordering methods to investment development forms such as PPP. The Korean government and companies have been already preparing for this for several years, but they are still not doing so well. The main reason is the lack of understanding about the investment development type project, especially financing methods and the aggravated fear of exposing it to various risks due to the characteristics of the development project, which takes a long time to collect the investment. In this paper, I propose a more systematic solution to financial process and risk management, which is recognized as a obstructive factor for Korean companies, in line with the recent government-led establishment of overseas infrastructure development support organizations. I would like to serve as a investment guide.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.24 no.4
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• pp.259-280
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• 2013

There has been a dramatic increase in the proportion of temporary employees in LIS fields, due to current trends of restructuring, automation, complete personnel systems, and complete wage systems. This research, therefore, conducted a survey exploring the current status and working environment of the temporary posts in LIS fields, in order to understand and direct the employment prospects of potential librarians. Results show that the average working period of more than half of temporary librarians are between 1-3 years. The total working period as a temporary librarian, including former experiences in their career, were evenly distributed between 1-5 years. Among those, being temporary often persisted, as 32% of temporary librarians stayed in their temporary status for more than 5 years. Second, temporary librarians perceived themselves as working the same hours as regular librarians, having independent or assistant tasks to regular librarians, and having a neutral or larger amount of tasks than regular librarians. Third, temporary librarians are employed and contracted from the work place, generally having contracts of less than 2 years or an open contract, which shows a serious level of job instability. Therefore, we should consider the following: proper remuneration for work of equal value, professional contractors, the supplementation of the total wage system and the number of public employees in the system as well as changing temporary positions to permanent positions and so on.

• The Journal of Korea Institute of Information, Electronics, and Communication Technology
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• v.11 no.1
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• pp.100-106
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• 2018

Since the concept of virtual currency called Bitcoin was announced in 2008, the blockchain technology, which is the basis of Bitcoin, is attracting attention as an important platform technology in the era of the 4th industrial revolution that can change our society in the future. Although Existing electronic financial transactions store and manage all transaction history at a reliable central organization such as government and bank, blockchain-based electronic financial transactions are composed of a distributed structure in which all participants participating in the transaction store and manage the transaction history, it is possible to secure transaction transparency while reducing system construction and operation costs. Besides the virtual currency that started with bit coins, the technology of these blockchains has been extended in various fields such as smart contracts and document management. The key technology area of this blockchain is security based on proven cryptographic technology to make it difficult to forge and hack, but there are security risks such as security vulnerabilities in the virtual currency trading service, We will discuss security risks in using virtual currency and discuss countermeasures. Especially security accidents of virtual currency exchanges are occurring frequently recently, the damage of users who trade the virtual currency is also increasing, we propose security threats and security countermeasures against virtual currency exchanges.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.125-145
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• 2017

Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.12 no.5
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• pp.141-162
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• 2017

The International Monetary Fund (IMF) crisis introduced a system for easy layoffs. With recent economic downturn, employees have been asked to retire early and less new jobs have become available. More small businesses as a result have been started. The purpose of this research is to study weight and ranking on SWOT factors of korea food service franchise industry using the SWOT analysis. The Analytic Hierarchy Process (AHP) and Analytic Network Process (ANP) were used to analyze the SWOT found by the surveys. First, the SWOT analysis shows that the franchise owners and the expert group view the industry positively overall and there are more strengths, opportunities than weaknesses, threats. While there are negatives and threats to the industry overall, many people think that there are more opportunities and positive aspects. Second, the franchise owners rank proven business model and platform (S3) as the strongest strength of food service franchise businesses while the expert group ranks management supports (S2) from headquarters as the strongest strength. Third, the expert group and franchise owner group indicate that the weight on unfair franchise contracts with headquarters(W3) and high penalty from breaking a franchise agreement(W4) are 60% of weaknesses. Fourth, both the expert group and franchise owner group indicate that change in people's lifestyle, value system and consumption pattern(O3) as the most important opportunity. Fifth, both groups indicate that changes in consumption pattern(T1) due to ever changing food service industry as the biggest threat. It is ranked higher than the entry of korea food service franchises.

• Environmental and Resource Economics Review
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• v.23 no.4
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• pp.643-665
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• 2014

We study the optimal policy of the contracual arrangement in raising the debt-to-equity ratio for oil, gas and mining project finance deals. We investigate the impact of the optimal contractual relationship between counterparties on the soundness of projects, differing in output price volatility and country risk. Key findings are: first, the existence of EPC sponsors and off-takers generally raises the debt-to-equity ratio. In particular, EPC sponsors and off-taking sponsors jointly mitigate the credit risk caused by counntry risk. Seocond, off-taking and EPC contracts jointly help mitigate the credit risk caused by the country risk, rather than the price volatility. Indeed, the contractual structure raises the debt-to-equity ratio.

• Journal of Korean Society of Disaster and Security
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• v.7 no.2
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• pp.25-34
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• 2014

This study researches on global technology trend in each of composing technology, such as grouting material, grouting equipment, and construction management technology, which grouting technology has been founded upon to improve relatively inadequate domestic grouting technology and to establish the global standard for overseas expansion in the future. As far as grouting material is concerned, while High-Penetration and High-Strength micro cement ($1.5{\mu}m$) has been developed in 2000's in Japan, JinChun Kim et al. (2014) has been developing hybrid type micro cement grouting material and examining specifications of different kinds of projects and countries to analyze the trend of grouting equipment development. The specification contains detailed requisite specification for materials, mixers, pumps, agitators, and packers and it has to satisfy the standard of different countries to win global contracts. Grouting management technology can be divided into four different generations and Scandinavian countries, such as Sweden, Norway, and Finland, Japan, and South Korea are recently doing vigorous researches on the Fourth generation which merges grouting technology with ICT.