• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.21 no.5
• /
• pp.167-178
• /
• 2020

The purpose of this paper is to establish a defect classification system for defects before inspection and to derive the pattern and characteristics of defects before inspection by examining about 3,110 defect items for 133 apartment buildings. The study analysis revealed a relatively high rate of defects before inspection that occurred in finishing work. Second, defects occurred such as cracking of external wall, which is a very important defect. However, defects before inspection were relatively rare on the external wall. Finally, defects before inspection occurred during waterproofing in the common area or garage. It is necessary to establish a reasonable basis or countermeasure to resolve differences between stakeholders as various issues may arise in the course of a dispute, as a result of identifying the details of defects within the top 20 of the defectives.

• Journal of the Korea Institute of Building Construction
• /
• v.22 no.1
• /
• pp.103-114
• /
• 2022

In the area of construction defects, residents have a tendency to focus on visually identifiable defects, while construction companies focus on defects that affect the structural and functional integrity of apartment housing. Accordingly, construction companies and residents have conflicting views on defects in apartment housing. To address this issue, this study aimed to accurately identify the main disputes surrounding defects in multi-family housing complexes or multi-dwelling unit apartment housing caused by such sharply different perspectives and suggest improvement measures. First, standards to determine different defects and remuneration standards between the Ministry of Land, Infrastructure and Transport and the court were analyzed. Then, problems were derived through an analysis of defects in past court cases, and the differences in perspectives between construction companies and residents were identified based on defect data from various construction companies. To tackle these issues, a classification measure for establishing a defect database for multi-family homes was also proposed.

• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.18 no.9
• /
• pp.403-410
• /
• 2017

Apartment housing has rapidly increased since the housing supply policy implemented in the late 1980s. However, various defects have occurred because the policy focused only on quantity supply, while neglected quality control. In addition, disputes related to various defects are increasing. ; accordingly, studies defects of apartment houses have been continuously conducted to solve various problems. In this study, I analyzed the research trends regarding long-term accumulated defects of apartment buildings by keyword network analysis, and suggest implications. As ananalysis method, I collected journal articles using the portal of the Korea Educational and Scientific Information Agency and constructed data analysis by filtering collected academic papers and keyword refinement. Ialso performed visualization modeling for keyword network relationships, connection degree centrality analysis, and mediation centrality analysis. The results revealed that Mortgage, Dispute, Repair, Case, Response, Condensation, Cost, Institution, Standard, and Valuation are the main keywords that characterize apartment housing defects.

• Journal of the Korea Institute of Building Construction
• /
• v.20 no.6
• /
• pp.567-576
• /
• 2020

This study proposes additional items to be recognized as defects in a defect lawsuit through a case analysis of lawsuit cases in apartment housing. Identifying these defects prevents an unexpected increase in litigation costs, delays in the date of litigation, and emotion repercussions or additional lawsuits. In this study, the defects that were not discovered by the existing occupants and construction companies, but were newly discovered in litigation, were defined as defects in lawsuits. Fifteen cases of lawsuits were analyzed and a total of 77 defects were derived. Each item was then reviewed for location, work type, number of occurrences, and cost. The results were yielded 23 defect items, which were validated by appraisers who directly appraised the cases. In addition, the derived defect factors were analyzed. Finally, the 23 defect items were categorized into 10 main factors which include attributes such as causes of occurrence and characteristics. This can provide an overall area of defects to be considered in addition to existing defect items in the life cycle of the housing. The results of this study can contribute to reducing the actual occurrence of defects and minimizing the disputes in the case of defect lawsuits.

• Journal of Arbitration Studies
• /
• v.29 no.2
• /
• pp.89-105
• /
• 2019

This paper reviews and analyzes the U.S. cases and statutes on the issue of party autonomy in arbitration agreement. Arbitration agreement has been interpreted somewhat differently from general contracts because its legal characteristics are not purely contractual by nature. For example, some legal scholars insist that an arbitration contract is more about an agreement on a process of dispute resolution than a creation of rights and obligations to avoid litigation. Party autonomy was discussed in diverse legal perspectives including contract of adhesion, VKI principle, and separability of arbitration clause. These three legal perspectives are discussed to set the legal relationship between party autonomy and protection of consumers in consumer arbitration. In addition, it was discussed how legal defects in the formation of an arbitration contract can influence the party autonomy. The legal defects that were discussed to analyze the relationship between arbitration agreement and party autonomy included misrepresentation, fraud, mistake, duress, and undue influence.

• Journal of the Korea Institute of Building Construction
• /
• v.17 no.4
• /
• pp.385-391
• /
• 2017

The warranty liability period for defects in apartment buildings by work type is not based on scientific analysis, making the appropriateness of the term a culprit behind the lawsuits. Therefore, this research aims to evaluate the appropriateness of the warranty liability term of apartment buildings by identifying the current status of defects, in particular, caused by finishing works. That is because the number of defects, caused during the finishing works, accounted for the largest portion of the total defect cases of apartment buildings reported to the Apartment Defect Dispute Mediation Committee under the Ministry of Land, Infrastructure, and Transport of Korea between 2010 and 2011. The result from analyzing claims for defect repairs of the finishing works showed that most cases by work type continued to be made after two years, and only about 60% were charged within the warranty period. And, defects by work type have correlation, which needs to be considered for a better construction technique. Considering a low correlation between the possibility of defects and the construction performance rankings, which are highly relevant to the apartment preference. It is believed that there needs to be a qualification process for agencies that actually performs finishing works.

• Journal of the Korea Institute of Building Construction
• /
• v.18 no.4
• /
• pp.355-361
• /
• 2018

Many defects are occurring in apartments, the main residential area in Korea. This is due to a lack of construction skills and a lack of management. As many apartments are provided to buyers, the dispute over defects after completion is increasing rapidly. The Housing Act was amended so that local governments could order contractors to repair defects. However, even if defects are resolved after a defect is generated, it is not a fundamental solution that can be satisfied because buyers have to endure the pain caused by the defect. So, it is necessary to protect the interests of buyers by fundamentally reducing defects in apartments. Therefore, in this study, it was suggested that the asymmetry of the information about the apartment buyers should be resolved at the time of sale of the apartment, the final drawings should be a contract document, the review period of the apartment house supervision should be secured, the appropriate supervisory fee should be secured at the time of contract change and the payment procedure should be improved.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2022.04a
• /
• pp.33-34
• /
• 2022

The Apartment Defect Dispute Mediation Committee of the Ministry of Land, Infrastructure, and Transport received as many as 7,686 complaints regarding defects in 2021, and the conflict caused by these disputes on the defects is worsening. A quality inspection team system was established in January 2021 to address the deepening conflict, and this system prevented the emergence of defects in apartment houses before the residents moved in. Quality inspections were conducted based on the Housing Act standards, but the reality is that the standards for the ordinances are not systematic. Based on the analysis of the ordinances by the apartment quality inspection team, 23 out of 226 local governments utilized the quality inspection teams, and they had different standards for the quality inspection subjects and inspection periods. In addition, the inspection standards for the defect checklists used by the apartment quality inspection teams operated by local governments varied. A survey was conducted by apartment quality experts to tackle this problem and proposed improvement plans for the defect checklists used for the quality inspection of apartment houses.

• Journal of Arbitration Studies
• /
• v.31 no.4
• /
• pp.119-136
• /
• 2021

Due to the restriction of movement caused by the Corona epidemic and the expansion of the "big face" through human distance, the "unmanned system" based on artificial intelligence and the Internet of Things has been widely used in modern life. "Self-driving," one of the transportation systems based on artificial technology, has taken the initiative in the transportation system as the spread of Corona has begun. Self-driving technology eliminates unnecessary contact and saves time and manpower, which can significantly impact current and future transportation. Accidents may occur, however, due to the performance of self-driving technology during transportation albeit the U.S. allows ordinary people to drive automatically through experimental operations, and the product liability law will resolve the dispute. Self-driving has become popular in the U.S. after the experimental stage, and in the event of a self-driving accident, product liability should be applied to protect drivers from complicated self-driving disputes. The purpose of this paper is to investigate whether disputes caused by defects in ordinary cars can be resolved through arbitration through U.S. precedents and to investigate whether disputes caused by defects in autonomous cars can be arbitrated.

• The Journal of Sustainable Design and Educational Environment Research
• /
• v.16 no.2
• /
• pp.1-9
• /
• 2017

Defect dispute in apartment building has become a debating social issue. The system of defect lawsuit and the conciliation process are applicable to solve defect problems in South Korea. Among various defects, painting work defect is a critical issue because it requires large area works and entails a lot of cost. Accordingly, disputes on work procedure and cost calculation are argued oftenly between residents and housing providers. This study reviewed detailed main issues of painting work and propose relevant systems and standards. In this analysis, the main issues are categorized into pre-works, main work, and others. The most recent cases are compared and analyzed for each issue. After the analysis, following conclusions are obtained, (1) In defect lawsuit system, even though surface treatment work in pre-work step is part of main work, it has been separated and regarded as a separate work. (2) Although the main painting work are not significantly different from two systems, it is still necessary to achieve a consensus to close the gap in the methodology of painting area calculation and determining whole painting or partial painting. (3) In addition, unlike the profit rate of general construction works, that of painting work remained the maximum rate and additional charge rate for works carried out in higher place are different among cases. Therefore, it is determined that establishing consistent standards is urgent.