• Proceedings of the Korean Institute of Building Construction Conference
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• 2001.11a
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• pp.93-98
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• 2001

If the construction delays are occurred during the project execution, the contractual parties should inquire the delay causes and the contractual obligation. Due to the compensation of damages, the interested parties and the contractual parties are placed on the adverse situation. For reasonable of the claim and dispute, the contractual parties are needed the objective and systematic procedure method to analyze the delay. The purpose of this study is to propose a formal process model considering the case of construction delay-claims.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.3-21
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• 2009

To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

• International conference on construction engineering and project management
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• 2007.03a
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• pp.150-159
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• 2007

More often than not, cost claims which are legitimately due and entitled to the contractor for works done, or for loss and expense incurred arising from disruption, prolongation and delay, are surprising not successfully recovered, whether in whole or in part, or none at all. One of the main reasons attributing to such scenario, is due to either the contractor, employer or the consultants and their poor understanding of and adherence to established and proper contractual rubric that is embodied in the building construction contract for the works. This paper explores some such pitfalls that could very well spell the ultimate financial disaster for many contractors, and highlights salient and essential intimations that contractors and consultants should watch out for.

• Journal of the Korea Society of Computer and Information
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• v.22 no.1
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• pp.99-106
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• 2017

In this paper, the first to identify in detail the direct and indirect causes of trade claims and to provide a way to prevent the causes and measures specific claims. Trade claims is not the best way to prevent in advance, measures to prevent future trade claims is as follows. First, it should be the credit investigation of the counterparts. Second, the contract must determine the rights and obligations of each other through sufficient consultation with contract and faithfully perform its contractual obligations. Third, the explicit trade arbitration clause of arbitration in the contract, and shall be a sufficient review of the procedure such as import and export, international business practices, norms and partners of economic policy, foreign exchange regulations, the trade system transactions. Finally, for it is to be treated as a one-stop strengthening the organization and function, and the Ministry of Commerce and Trade Association, and KOTRA and Trade Insurance Corporation strategic support systems, such as done by covering the work on trade claims prevention and resolution in the Korean Commercial Arbitration Board.

• Proceedings of the KSR Conference
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• 2002.05a
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• pp.452-457
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• 2002

High speed railroad noise is one of the main causes of environmental impact. An estimate of the relevant noise levels is usually required in order to evaluate the noise barrier and the anti-noise trailer. This paper introduce the test procedure and the estimate for HST noise. The aim of this is to measure, by means of a test, the level of acoustic pressure present during the passing of a KTX(Korea Train Express), in order to satisfy the contractual requirements and the noise criteria. A number of measurements are carried out in order to estimate noise impact by HST along test track.

• East Asian Journal of Business Economics (EAJBE)
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• v.11 no.4
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• pp.41-50
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• 2023

Purpose - This study aims to examine the role of contract law in mergers and acquisitions (M&A) and to examine whether or not contract law is necessary in M&A. The study also discusses how contract law can be utilized in M&A, as well as some of the problems that arise from the use of contracts in this area. Research design, data, and methodology - To minimize bias and errors, this study used only peer-reviewed articles and book excluding internet news articles, conference papers, and dissertations. For a well-organized screen and selection process, the author conducted the extraction procedure thoroughly to eliminate some duplicated resources. Result: This study indicates that complex deals carry a high risk but also have the potential to yield substantial revenue for stakeholders. Thus, contract law is essential to the success of M&A because it helps to define the (1) terms of the transaction, (2) reduces risk, (3) offers legal safeguards, and ensures that the (4) agreement is enforced. Conclusion - This study concludes that an understanding of contract law is essential to the profitable merging of two businesses. The application of contract law provides a mechanism for enforcing the agreement, which can increase the likelihood that the stipulations of the M&A will be satisfied.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2002.05a
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• pp.1104-1109
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• 2002

High speed railroad noise is one of the main causes of environmental impact. An estimate of the relevant noise levels is usually required in order to evaluate the noise barrier and the anti-noise trailer. This paper introduce the test procedure and the estimate for HST noise. The aim of this is to measure, by means of a test, the level of acoustic pressure present during the passing of a KTX(Korea Train Express), in order to satisfy the contractual requirements and the noise criteria. A number of measurements are carried out in order to estimate noise impact by HST along test track.

• Proceedings of the KSME Conference
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• 2001.06b
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• pp.181-186
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• 2001

High speed railroad noise is one of the main causes of environmental impact. An estimate of the relevant noise levels is usually required in order to evaluate the noise barrier and the anti-noise trailer. This paper introduce the test procedure and the estimate for HST noise. The aim of this is to measure, by means of a test, the level of acoustic pressure present during the passing of a KTX(Korea Train Express), in order to satisfy the contractual requirements and the noise criteria. A number of measurements are carried out in order to estimate noise impact by HST along test track.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.3-21
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• 2007

Arbitration is a private and contractual means of dispute resolution. As a creature of contract, any particular arbitration owes its existence-and attendant limitations-to an arbitral agreement. This means that, in practice, the parties select their own judges, forum, and rules. By agreeing to arbitration, parties hope to achieve several goals. And arbitration has proven to be quicker, cheaper, and more predictable than litigation as a means of resolving many types of claims. As a primary method of conflict resolution, it is now worthwhile to consider carefully any procedural mechanism designed to promote the central aims of this alternative to litigation. It is helpful to frame any particular analysis according to (1) the type of decision for which preclusive effect is sought (arbitral award or court judgment) and (2) the type of subsequent proceeding in which preclusion is sought (an arbitration or a litigation). Res judicata may well bar litigation of that claim between the parties, but non-parties (affiliates or individuals) will not benefit from this bar unless the arbitral tribunal makes findings sufficient to satisfy the elements of collateral estoppel. The final permutation to be considered involves an arbitral award's preclusive effect on a subsequent arbitration. Whether a prior court decision should preclude issues or claims in a subsequent arbitration presents the easiest case for analysis. It is the easiest primarily because there is generally little room to debate whether adequate procedures were followed in a litigation. That is, one can safely assume that the rules of evidence and the rules of civil procedure were followed and that formal records sufficiently memorialize both the proceeding itself and the ultimate decision. Procedural regularity is mentioned not necessarily because it is an analytic tool, but because so many jurists and scholars see it as an impediment to the application of preclusionary doctrines.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.54-62
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• 2001

Although claims and disputes may be never avoided in construction industry, until 1998, there are no systematic claims in the public sector in Korea. But, because of IMF, Contractors have been recognized that cost management is essential factor and contractual right can be demanded against the Public Orderer. Many affirmative effect such as, appearance of new professional service, prevention of lower quality construction, restrain of unnecessary budget expenditure, arrangement of duplicated or triplicated liability and revision of unnecessary administrative control may be anticipated through alleging claims, but in site representative manager and construction company may have ambiguous fear, somebody tried to allege claims. Therefore, to activate systematic construction claims, 32 public construction project claims alleged by contractors from 1998 to 2001 were analyzed, inactivated reasons of claims were examined and contractor's action plan to allege claims was suggested in this paper.