• Title/Summary/Keyword: Types of Disputes

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Analysis of Defect Repair Cost by Work Type based on Defect Inspection of Apartments (공동주택의 하자진단에 기초한 공종별 하자보수비용의 분석)

  • Lee, Jin-Eung;Kim, Byung-Yun;Jeong, Byung-Joo
    • Journal of the Korea Institute of Building Construction
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    • v.15 no.5
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    • pp.491-500
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    • 2015
  • This study investigated defect status by work type, based on the report data of defect inspection results, acquired by consumers' request to safety inspection agencies, before the expiration of legal defect repair warranty period. In fact, the data was not acquired by centering on suppliers, namely, construction companies in relation with the defects becoming causes to increase construction cost of apartments. This study aims to provide objective and basic data for quality improvement at construction stage and for solution to defect disputes. The study results are presented below: (1) The number of defect cases occurring from architectural work among total work types were 1,986, defect occurrence rate was 62.5%, and defect repair cost was KRW $25,851/m^2$, which stood at 78.2% of the total work types. This means the defect occurrence rate and defect repair cost in architectural work are bigger than those of other work types. (2) Major defects in architectural work were revealed in the following order: cracks from frame work, inferior interior finishing work, inferior finishing work of plaster/masonry works, water leak/damage from waterproof work and withering/omission from landscape work. The total repair cost of the major selected defects was KRW $12,220/m^2$, and was analyzed to take up 37% of the total defect repair cost.

The history and analysis of research trends in Journal of Korean Academy of Dental Administration (대한치과의료관리학회지의 역사와 연구경향 분석)

  • Hoon Kim;Soo-Jeong Hwang
    • Journal of Korean Academy of Dental Administration
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    • v.11 no.1
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    • pp.47-53
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    • 2023
  • This study aims to analyze the research trends of the Journal of Korean Academy of Dental Administration and identify the characteristics of the journal. The research was based on 10 academic journals from 2013 to 2022 and related documents. The type of paper, research method, statistical analysis, topic classification, and research subject of 65 papers were extracted and categorized. As a result, the distribution of paper types was as follows: research articles accounted for 83.2%, review articles for 12.3%. In terms of research methods, questionnaire surveys were used in 46.2% of the papers, literature reviews in 23.1%, and national data analysis in 7.7%. Research topics included dental manpower at 20.0%, infection control at 7.7%, dental information at 6.2%, patient safety at 6.2%, and oral health care quality at 6.2%. 72.3% of the papers were quantitative studies, and the majority of research subjects were dental hygienists or dental hygiene students, accounting for 26.2% of the total. The Journal of Korean Academy of Dental Administration covers topics such as dental healthcare marketing, dental healthcare organization and management, dental healthcare information, dental healthcare policy, dental healthcare insurance, dental healthcare quality management, patient safety, medical disputes, and infection control. The authors are also contributed by a variety of dental personnel, including dentists, dental hygienists, and dental technicians.

Stressful Life Events and Risk of Colorectal Cancer: A Case-Control Study of Iran

  • Azizi, Hosein;Esmaeili, Elham Davtalab
    • Asian Pacific Journal of Cancer Prevention
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    • v.16 no.6
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    • pp.2403-2407
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    • 2015
  • Background: Very few analytical studies are available on any association between stressful life events (SLE) and colorectal cancer (CRC), at least in Iran. The aim of this case control study was to determine the association between stressful life events (SLE) and colorectal cancer. Materials and Methods: This study was conducted in four hospital colonoscopy units in Tabriz city of Iran including 414 participants aged 40-75 years: 207 cases with CRC confirmed by pathology and colonoscopy findings and 207 controls free of neoplastic conditions were selected (from the same hospitals at the same period for the cases and after matching for age and sex). Stressful life events were assessed using a 43-item Holmes and Rahe Life Events Questionnaire. Multivariate logistic regression was used to estimate adjusted odds ratios for SLE and risk of CRC. Results: The stressful life event mean score in the case group was 141.3, in contrast to 63.8 in the control group (p<0.011). After adjusting for confounders, death of dear ones increased the risk of CRC (OR: 2.49; 95%CI: 1.41-5.13). Other types of stressful life events (family and husband disputes, serious occupational problems, unemployment of > 6 months, and Serious financial problems) were also associated with CRC, but without statistical significance. Conclusions: According to our findings, it seems that SLE may increase the risk of CRC.

Legal Direction of Defect Warranty Liability in the Korean Construction Industry

  • Cho, Young-Jun
    • Journal of the Korea Institute of Building Construction
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    • v.18 no.2
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    • pp.195-202
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    • 2018
  • The defects that are bound to arise in most construction projects cause disputes among the contracting parties regarding the defect warranty liability (DWL)guaranteed by the retention of the contractor's performance security at the end of the performance period of the contract. Most current projects involve a multiple-tier contractual relationship, causing the liability for some defects to overlap. In addition, many construction projects are made up of multiple detailed work types which an expert hired by the owner inspects the part completed by the contractor and pays an interim payment. However, after the completion of work, the contractor will still hold the defect warranty liability. In a scenario in which the work is delayed due to reasons for which the owner is responsible, the defect warranty liability period is also increased, imposing an additional burden on the contractor. In this study, basic research was carried out with the goal of reducing problems related to defect warranty liability Problems related to defect warranty liability cases and the nature of the defect warranty liability period were investigated. Possible solutions to the problems caused by the DWL that were suggested include the separation of the negligence liability period and the strict liability period, as well as the introduction of a retention money system.

A Study on a Strategy to Enhance the Transparency of the Bidding and Contract System for Public Construction Projects (공공건설사업 입찰 및 계약제도측면의 투명성 확보 전략에 관한 연구)

  • Cho, Young-Jun;Kim, Jong-Ouk
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.6
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    • pp.109-116
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    • 2010
  • A construction project consists of many types of contracts. In the process of selecting the successful contractor after bidding, there will inevitably be fierce competition, which may lead to corruption or bribery. Even after signing the contract, during the period of settling the amount of the contract, bribery could occur. Such corruption could harm the development of the construction industry. It is, therefore, necessary to establish a strategy to prevent corruption by strengthening the transparency of the bidding process. In this study, to prevent corruption in the construction industry, a new service is proposed in which the successful bidder is selected by a professional third party, and the introduction of diverse delivery systems for construction projects and the invigoration of alternative methods of settling disputes are also proposed in this study.

Overview of anthropogenic underwater sound effects and sound exposure criteria on fishes (어류에 미치는 인위적인 수중소음 영향과 피해기준에 대한 고찰)

  • PARK, Jihyun;YOON, Jong-Rak
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.53 no.1
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    • pp.19-40
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    • 2017
  • A scientific and objective sound exposure criterion for underwater sound damage on fish has been required since there has been many disputes between an underwater sound maker and a fish damage receiver. The existing criteria are still incomplete scientifically owing to a degree of variability of underwater sounds, diversity of fish hearing sensitivity and damage types, etc. This study reviews existing studies on a hearing mechanism of fish species, manmade underwater sound characteristics and sound exposure assessment parameters, and recent sound exposure criteria. A governing equation for damage coverage estimation and damage coverage dependency on sound source level, ambient noise and transmission loss are also reviewed and interpreted based on sound exposure environments. The foreign and Korean (National Environmental Dispute Medication Commission) criteria are reviewed and compared based on scientific aspects. In addition, the deficit and limit of Korean criteria are presented. The objective of this study is to give a direction for related researches and legislation of sound exposure criteria on fish.

An Exploratory Study of Strata Residential Properties Problems in Peninsular Malaysia and How They are Resolved (말레이시아 주택의 구분소유권에 관한 탐색연구)

  • Mohamad, Nor Asiah
    • Journal of the Korean housing association
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    • v.26 no.6
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    • pp.53-60
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    • 2015
  • This study identifies the common problems faced by the owners of strata titles, the Management Corporation, the Joint Management Body, the Commissioner of Building (COB) as well as the Managing Agent being the stakeholders in managing strata properties. The methods employed are qualitative in nature. Analysis is done based on reports published by the relevant authorities dealing with strata residential properties as well as the case law as reported in the two leading journals in Malaysia such as the Malayan Law Journal and the Current Law Journal. The types and nature of problems are derived from the annual reports. The extent of the problems is determined based on the figures and supported by observation and interviews with the COB, being the agency directly involved in overseeing and monitoring strata properties management. The findings show that a substantial number of problems exist in the management of strata properties despite a law that allows the owners to self-managed their own properties. Having stated the status quo concerning the problems, the study also looks at the various means of resolving disputes as exist under the Malaysian housing system. The study proposes that alternative dispute resolution (ADR) modes are more appropriate in ensuring the sustainability of strata living and management.

Current status of new plant breeding technology and its efforts toward social acceptance (신식물육종기술의 현황과 사회적 수용을 위한 노력)

  • Jung, Yu Jin;Kim, Jong Mi;Park, Soo-Chul;Cho, Yong-Gu;Kang, Kwon Kyoo
    • Journal of Plant Biotechnology
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    • v.45 no.4
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    • pp.299-305
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    • 2018
  • Although new plant breeding technologies facilitate efficient plant breeding without introducing a transgene, they are creating indistinct boundaries in the regulation of genetically modified organisms (GMOs). The rapid advancement in plant breeding by genome-editing requires the establishment of a new global policy for the new biotechnology, while filling the gap between process-based and product-based GMO in terms of regulations. In this study recent developments in producing major crops using new plant breeding technologies were reviewed, and a regulatory model that takes into account the various methodologies to achieve genetic modifications as well as the resulting types of mutation were proposed. Moreover, the communication process were discussed in order to understand consumers' current situation and problems of new plant breeding technology, establish social acceptance well, and understand consumers' disputes such as GMO crops.

A Study on the FIDIC's Conditions of Contract for EPC/Turnkey Projects (FIDIC의 EPC/Turnkey 프로젝트용 표준약관(標準約款)에 관한 연구(硏究))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.189-218
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    • 2002
  • The EPC/Turnkey Contract goes to the extreme in allocating risks to the contractor and depending on the types of project, this may be regarded as unacceptable. It has also gone to the extreme in the extent to which the contractor is responsible for the specification and design of the Works. The employer is not responsible for correctness of any information provided by him nor for correctness of any specification or other matter included in the Employer's Requirements, except the definition of the intended purpose and criteria for testing and performance. With such conditions it is surprising that the employer is entitled to interfere in the contractors performance to an extent that is close to what is norm for a construction contract with employer design and with normal risk allocation. The combination of risk allocation and inappropriate administrative provisions makes the EPC/Turnkey Contract a document that will meet severe resistance from contractors. It is also likely that employers will see the risks and difficulties from their own perspective. It is a fiction that the EPC/Turnkey Contract will give the employer a contact with a certainty of final price and completion date. It is not a fiction that the EPC/Turnkey Contract carries many seeds for disputes between the parties. The Orange Book has become an accepted document even if it clearly contains some weaknesses. Some of these have been corrected in the Plant Contract. In my opinion FIDIC should let users become more familiar with the Plant Contract as a follow up to the Orange Book.

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Evaluation Methodology of Solar Rights Using Autodesk VIZ for Apartment Buildings (Autodesk VIZ를 이용한 공동주택의 일조권평가방법에 관한 연구)

  • Moon, Ki Hoon;Kim, Jeong Tai
    • KIEAE Journal
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    • v.6 no.3
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    • pp.35-42
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    • 2006
  • The apartment buildings now covers more than 50% of the total residential types in Korea and the urban residential area becomes increasingly congested with newly constructed high-rise apartment buildings. Judicial precedents require, for securing the solar rights in the residential area, that the consecutive sunshine duration should be at least two hours from 9:00 to 15:00 or the accumulative sunshine duration should be at least four hours from 8:00 to 16:00 as of the winter solstice. Disputes are increasing, however, on infringed solar rights and view rights for the neighboring structures as cases occur where the requirement cannot be satisfied in congested residential areas. The sunshine duration scan be assessed by measuring it on the site of the dispute, but it is impracticable to actually measure it for every case on the winter solstice, only one day out of the whole year. At a trial, therefore, 3D computer simulation is used to calculate the sunshine duration and determine the extent of infringement for submission of the evaluation to be used as the basis of the judgment. The simulation, however, may have an error in its result up to the program characteristics and the accuracy of the input data such as the structure shape and height, the distance between structures, and the ground level. This study, therefore, used a self-developed VIEW program with Autodesk VIZ 2006 to provide a simulation method for solar access evaluation, and verified its efficacy by comparing the results with the actual measurements.