• Korean Journal of Construction Engineering and Management
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• v.17 no.4
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• pp.95-102
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• 2016

Recently, a research regarding calculation of construction time extension-oriented incidental costs has been intensively suggested in quantitative aspect and recent studies on system improvement has been made continuously. In the case of Domestic Public Construction Works, State Contract Act is applied when the client is government whereas Local Government Contract Act is done when the client is local government, but more meticulous study is required because improvement plan is not proposed even there is a clear demand for improvement of these problems on calculation standard. Thus this study suggested appropriate standard by comparing each the calculation standards followed by 'State Contract Act' and 'Local Government Contract Act', considering the problems accorded, and analyzing field cases. Calculation method of other expenses was differently regulated as the revision of each regulation, and this demonstrates that there is a difference of actual cost from 12.37% to 24.95%. It is shown that less cost of construction time were calculated than actual cost according to a problem of calculation method by State Contract Act as the rate at the time of contract to be applied in other expense rate. This study suggested the rate against incidental cost and the rate of other expense per day against total construction cost as an appropriate rate calculation for other expense based on field database.

• The Journal of the Korea Contents Association
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• v.15 no.5
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• pp.168-178
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• 2015

Besides the imposition of taxes and mandatory actions, why in a special rules needed in the contract between state and civilians. The contract between the state and civilian are unlike with civilian's contract in the comparable effect, even if the effect of the agreement and the parties bear the structural nature of the self-other agreement between private economic actors and there are a variety of different specificity. In other words, the agents of the contract with the state government for control of opportunistic behavior are very specific rules exist. Through this, even if it is the relationship between state and non-mandatory private realms of the contract, even if the area forced me to the fact that the difference can be confirmed. Representative of the government of the country to understand the delegate decisions and judgments and other opportunistic behavior always seem to exist on the possibility of such devices for the pre-control needed.

• Korean Journal of Construction Engineering and Management
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• v.2 no.4 s.8
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• pp.69-79
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• 2001

Characteristics of Contactor's Defect Liability was too many discussed. But it's not clearly defined yet. Because recent Government Construction Projects are very complex and executed through long time, too many conflicts were appeared related to Contactor's Defect Liability. Therefore to analyse and to resolve the conflicts legal aspects of Contactor's Defect Liability stated in Civil Law and Government Contract Act was systematically compared. The result of this research is as follows : (1) Characteristic of Contactor's Defect must be regarded as a breach of Contract and be an incomplete contract implementation. (2) To decide the range of Damage, Characteristic of Defect must be regarded. (3) Contactor's Defect Liability must be effectual from the day of delivery. (4) Retainage must be added to secure the completion during the Contract Period and Defect Repairing Liability must be omitted in the Contract performance Security.

• Korean Journal of Labor Studies
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• v.19 no.1
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• pp.177-211
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• 2013

The Chinese dual structure of employment('Shuangguizhi') has been retained through the Economic Reforms, and has been supported and reproduced by the system of division between rural and urban household registration. In the 2000s, efforts of the government to abolish the division appeared to be effective with the introduction of the 'Labor Contract Act'. However, the eclecticism of the Act and the outbreak of the global financial crisis in 2008 gave new momentum to the revival of the Chinese dual structure of employment by increasing the scale of labor dispatching. Labor dispatching in China has become a regular form of employment rather than an exceptional one. Labor dispatching reveals its Chinese characteristics against the particular background formed during the periods of state-owned-enterprise restructuring around 2000. The combined effects of the 'Labor Contract Act' and the global financial crisis brought about the effect of increase rather than control of labor dispatching, and gave a signal to enterprises to use various forms of labor dispatching including 'reverse directional labor dispatching' to lessen burdens and costs caused by the Act and the crisis. As labor dispatching strengthens or displaces the existing dual structure of employment, social groups which need more social protection tend to be much more excluded from the protection of the government and the society.

• 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.

• Journal of Advanced Navigation Technology
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• v.21 no.3
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• pp.230-242
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• 2017

A significant rise in product-liability cost is expected due to the newly passed product liability amendment Bill approved during the assembly plenary session on March 30, 2017. Korean government legal service(KGLS) filed a damage suit against Korea aerospace industries, Ltd.(KAI) and Hanwha Techwin Co., Ltd., the manufactures of the KUH-1 Surion helicopter crashed. KGLS alleged claims under the product liability Act, the warrant liability Act and the non-performance of contract act. The accountability limits of military aircraft manufacturers was a highly divisive issue among related scholars and legal practitioners. The bottom line was that military aircraft manufacturers had no product-liability insurance available. The United States courts have, therefore, developed the government contractor defense(GCD) and it was recognized by the U.S. Supreme Court in Boyle v. United Technologies corporation(1988). product liability insurances for military aircraft manufacturers are excessively expensive and it cannot be added onto the military procurement cost accounting. However, having an aircraft accident without one can be ruinously expensive. Therefore, the manufacturers should promptly set up appropriate risk management measures. This thesis will first review the advance GCD theory, and then find a way to either reform government contract related regulations.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.25 no.4
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• pp.154-160
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• 2017

In the former aviation law, only the Ministry of Land, Infrastructure and Transport has to provide air traffic services, In the case of providing aviation transportation service from civilian, such as aviation special education institution, private airfield installer, it was possible to carry out only by receiving a private contract from the government. But at the time of private consignment, the fact that the government has to bear the cost through the contract act. It is pointed out that it is a factor that hinders efficiency in the operation sector. Accordingly, in Article 85 of the Aviation Safety Act, which was enforced in March 2017, legal grounds were established to provide air traffic services excluding the Ministry of Land, Infrastructure and Transport. At the same time, we have introduced the air traffic services operating certification system, which enables the air traffic services to meet the requirements set by the Ministry of Land, Infrastructure and Transport in order to secure the safety of air traffic. In this study, we examine the major issues and problems of the small private control tower operated by the private institute in Korea. The effect of introduction of the air traffic services operating certification system which can introduce all the institutions which do not belong to the control agency in the former aviation law into the institutional system and the operation plan were examined.

• Korean Journal of Construction Engineering and Management
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• v.21 no.4
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• pp.82-89
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• 2020

Article 64 of the Enforcement Decree of the National Contract Act The requirement of the pre-amendment statute related to the adjustment of the contract price was 5% or more of the price fluctuation rate from the date of the contract. However, the meeting requirement was changed from 5% or more to 3% or more from the date of signing of the Presidential Decree No. 19035 to 2005. 9. 8. The method of adjusting the contract amount was also changed to determine the contractor's desired adjustment method at the time of contract. Alleviating these requirements and revising the empowerment of contract partners is intended to prevent difficulties in achieving smooth objectives by applying to public construction contractors without unfairly benefiting or unfavorable to contract partners. Even if the standards are relaxed and the rights are secured as described above, if the existing provisions for the adjustment of price fluctuation are applied, unlike the original purpose of the government system, the Korea Bank's price economic statistics classification method and the contract construction classification criteria applied in public construction work Due to the inconsistency, it can be seen that the amount of adjustment for price fluctuation by construction type is excessive and underestimated. Therefore, the purpose of this study is to analyze problems through cases and to make appropriate construction cost adjustment through improvement measures.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.69-89
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• 2021

General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.

• 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.