• Proceedings of the Korean Institute of Building Construction Conference
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• 2023.11a
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• pp.55-56
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• 2023

The number of defect disputes occurring in apartment houses is increasing year by year, and among them, disputes caused by defects in tiles account for 28.2% of the total, which is an important defect in tiles. A representative tile defect in the defect dispute is the lack of tile backfill. Another dispute occurred that the standards for each organization are different as the 100% standard of the Ministry of Land, Infrastructure and Transport's building construction standard and 80% standard of the Architectural Institute of Korea's Building Technology Guidelines. In this study, it was analyzed the relationship between the amount of tile backfill and the amount of tile defects based on 100 defect litigation court appraisal documents. It was observed that the amount of defect in tile works tended to decrease as the amount of tile backfill increased. By presenting an appropriate amount of mortar to fill behind tiles in a defect dispute, the effect of reducing the defect dispute can be expected.

• KIEAE Journal
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• v.12 no.3
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• pp.11-18
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• 2012

The purpose of this study is to contribute to solution of the defect dispute in apartment house in advance. We want to propose the improved devices in defect problems by investigating the money that exacted from the practical business of the inspection company and the money that a judge gave a decision in a civil court in 50 cases of the lawsuit to requesting the guarantee against defects and the improved schemes of the applied rate by analyzing the diagnosis money of each applied years about the term of warranty liability in 40 cases of the lawsuit separately from that. As the result, we have to reflect the defect of non construction and error construction on apartment building defects, which recognizes very important factor when we compute the defect repair warranty money and it needs to be rearranged the applied ratio in guarantee peried of housing law practically.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2017.05a
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• pp.146-147
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• 2017

Recently, as the living standards of residents in apartment houses continued to improve, the dispute of post management have also increased. one of the Issue, Concrete Cracks comprised high percentage of dispute. Especially, between criteria the cost of repairing defect and the judgement of defect isn't clear, they are a lot of dispute in this regard. Even though lots of the criteria about Inter-layer crack is existed by judging defects, In a court, they are judging their own criteria about Inter-layer crack. The purpose of this study is to compare and analyze Defect Judement Standard both MOLIT and Court, and to provide the Improvement for Defect Judgement and Repair Method of Inter-layer concrete crack.

• International Commerce and Information Review
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• v.5 no.1
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• pp.137-158
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• 2003

The rapid growth of electronic commerce increases the potential for conflicts over contracts which have been entered into online(e.g. about price, late delivery, defects, specifications...). Using arbitration as a dispute resolution alternative is becoming increasingly popular especially in cases involving intellectual property rights and technology disputes since speed and secrecy are essential. The use of online dispute resolution(ODR) mechanisms to resolve such e-commerce conflicts is crucial for building business, consumer confidence and permitting access to justice in an online business environment. However, the use of the Internet and the World Wide Web in dispute resolution has an impact on the types of communication implied in the relevant processes(negotiation, mediation and arbitration). This paper deals with legal issues with respect to the practice of online arbitration. The paper begins with a brief introduction to the theories behind arbitration. These sections will be followed by a discussion on the specifics of online arbitration and the problems the process faces online arbitration by the legal community.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2021.11a
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• pp.200-201
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• 2021

According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

• Journal of the Korean Institute of Landscape Architecture
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• v.40 no.1
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• pp.81-91
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• 2012

The purpose of this study was to analyze judicial precedents related on landscape construction defects(JPLCD) and suggested the improvement plan for dealing with it. The results are as the following: 1. Landscape construction defects litigations have been increased so far since 2000 and the duration of original trial was approximately 603 days, while appeal trials took up to 550 days. Therefore, the analysis revealed that settlement of disputes were lengthy and wasteful to consumers and constructors. 2. Judgement's cost accepted by the judge was only 53.6% of appraisal's cost appraised by appraiser, therefore it revealed appraiser overestimated the repair cost of landscape construction defects. 3. According to work classification categorized by Landscape Construction Standard Specification(2008) of the Korean Institute of Landscape Architecture, landscape planting amounted to 75% of JPLCD and plaintiff(consumers)'s prevailing rate of it reached 77% to be a serious burden to constructors. 4. According to JPLCD categorized by the type of dispute, defects caused by consumer's negligence for maintenance amounted to 29% and defendant(constructors)'s prevailing rate of it reached 64% to be the main responsibility of consumers. Further study will be required to make the judge standard of landscape construction defects through legal and technical research.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.629-635
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• 2011

Retentions are generally considered to be intended to act as a powerful tool to incentivize contractors/subcontractors to remedy defective work in cases of non-performance. This study attempts to establish the extent to which retentions can be used for this purpose by investigating case law connected with insurance and defective work. One of the significant questions is whether retentions are sufficient to deal with construction defects or value of retentions in the rectification of defects is illusory. The cost to repair a defect may vary depending on a number of components including type, cause, magnitude and the construction stage at which the defect occurs. It is expected that a review of existing cases on defective workmanship will provide an insight on the issues and whether retentions are effective in their intended function. In order to establish their functionality, the study described in this paper investigated 6 construction insurance cases to identify the critical issues and the causes of dispute. It was found that the nature and the cause of defects were different in each case. It was also established that certain defect types not covered by insurance may be covered by retentions - potentially one of the key uses of a retention strategy. It is expected that the findings will assist in forming a view on the quantum of money that may be required paving the way for a first time understanding on a rational basis for setting up retention regime.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.71-94
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• 2020

When a dispute or conflict occurs, standard methods for resolving them include resolution by trial or resolutions outside of courts. An alternative dispute resolution method called ADR that aims at remedying disputes instead of filing lawsuits is used commonly throughout the world, including the US and China. ADR, which is a remedy method outside of courts, includes negotiation, arbitration, or mediation between the concerned parties, and the arbitration system has several advantages. The Lemon Law is a consumer protection law of the United States that was enacted in 1975. This law prescribes that when specified quality standards are not met repeatedly due to defects in vehicles or electronic products, the manufacturer must provide exchanges or refunds to consumers. Korea also enacted a newly revised automobile management act, the Korea "Lemon Law," on January 1, 2019, which allows consumers to receive exchanges or refunds from the manufacturer if the same malfunction repeatedly occurs after purchasing a new automobile. There have recently been many cases of large fires occurring while driving import vehicles, causing huge public rage; therefore, interest is being focused on the revised automobile management act. Part 5-2 of the automobile management act was newly added to implement automobile exchange or refund arbitration systems. It is desirable to utilize the arbitration system to smoothly resolve automobile-related disputes that have recently increased significantly, and it is thus being used frequently for practical purposes.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2016.05a
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• pp.263-264
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• 2016

Since 2000s in Korea, apartment building tended to become goods or assets rather than houses. Therefore, conflicts between supplier and consumer were aggravated, and the defect dispute has been increased rapidly. This dispute enlarges to defect lawsuit and it is social and economical matter. The landscape work in apartment building is main work for a resident that appearance and convenient facility which lawn, tree, fountain, chair, playground, and etc. A number of defects surround landscape work are important issue in defect lawsuit, but, a related research is a minority, and a regulation is incomplete. Therefore, this study is basic study for standard of landscape defect type. As case study on defect lawsuit, draw a landscape defect type in apartment building.

• Journal of the Korea Institute of Building Construction
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• v.21 no.2
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• pp.129-139
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• 2021

Recent rise in the supply rate of new public apartment houses leads to an increasement in disputes regarding the construction quality of the apartments between the residents and the construction companies. According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found; and 3) the fact that the court grants generous compensation for disputes concerning the apartment houses. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.