• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2001년도 학술논문발표회
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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.

• 무역상무연구
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• 제41권
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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.

• 국제학술발표논문집
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• The 2th International Conference on Construction Engineering and Project Management
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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.

• 한국컴퓨터정보학회논문지
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• 제22권1호
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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.

• 한국철도학회:학술대회논문집
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• 한국철도학회 2002년도 춘계학술대회 논문집
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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.

• 동아시아경상학회지
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• 제11권4호
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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.

• 한국소음진동공학회:학술대회논문집
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• 한국소음진동공학회 2002년도 춘계학술대회논문집
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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.

• 대한기계학회:학술대회논문집
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• 대한기계학회 2001년도 춘계학술대회논문집B
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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.

• 한국중재학회지:중재연구
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• 제17권2호
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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.

• 한국건설관리학회:학술대회논문집
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• 한국건설관리학회 2001년도 학술대회지
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• pp.54-62
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• 2001

건설사업에서 클레임은 필수적으로 발생하는 요소이다. 1998년까지 우리나라에서 건설클레임이 체계적으로 제기되거나 해결되었다고 소개된 바는 없으나, 1998년을 기점으로 하여 IMF환란 등을 겪으면서 건설업체들은 원가관리의 중요성을 인식하여 계약에서 주어진 자신의 권리를 찾고자 하는 노력을 경주해 오고 있다. 그러나 건설클레임이 활성화됨으로 인해 기술자의 전문업역탄생, 책임시공으로 인한 부실공사예방, 불필요한 예산낭비억제, 중복업무의 감소 및 규제개선 등의 기대효과가 장단기적으로 예상됨에도 불구하고 아직도 건설현장에서는 클레임을 제기하는 것에 대하여 막연한 두려움이나 경계심을 갖는 분위기가 팽배하였다. 따라서 본 논문은 1998년부터 공공건설사업현장에서 제기된 클레임사례를 분석한 후, 시공자가 건설현장에서 체계적으로 건설클레임을 제기할 수 있는 방법과 절차를 제시하고자 한다.