• Proceedings of the Korean Institute of Building Construction Conference
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• 2011.05a
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• pp.177-178
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• 2011

Recently a great deal of people are taking legal action against the housing provider due to the defects of their Apartment house. And most of the housing companies are spending a huge amount of expenses and efforts to keep their brand value. This essay will carry out time series analysis the 20 housing district which are constructed by huge construction companies. This analysis itemised by metropolitan area(Seoul) and others to keep the degree of reliability, and converted future defect maintenance cost into current cost applied by discount rate to figure out suitability of defect maintenance cost. Even though, this essay is not able to represent standard of defect maintenance cost due to the insufficiency of record, while it will be assisted as a referance when long-term record of time series is estabilished.

• 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.

• Korean Journal of Construction Engineering and Management
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• v.20 no.5
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• pp.104-114
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• 2019

This study explored to analyze the winning determinants of the lawsuit cases on the urban and housing redevelopment project based on jurimetric methods. Based on affirm-rate and staircase matrix tables, 441 lawsuit judgments are analyzed. Research findings in affirm-rate analysis indicate that past legal relation, no own defect of accreditation, no ownership or association member status, lapse of period of litigation, and no legal interest are identified as higher rate in order for the reason for plea on the merit. And so are defect on calculation of consent rate, defect in relation with written consent, approval before zoning designation, defect in relation with general meeting, and defect on zoning designation for the issue on the merit. It is noteworthy from the staircase matrix table analysis that the criteria for affecting the lawsuit outcome is determined based on key forecasting variables such as past legal relation and no ownership or association member status. This study intends to provide the implication that the unnecessary disputes can be reduced in the urban and housing redevelopment project by the implementation of jurimetric quantitative analysis methodology from the perspective of empirical law.

• 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.

• Journal of the Korea Institute of Building Construction
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• v.12 no.1
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• pp.42-53
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• 2012

Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

• Research in Community and Public Health Nursing
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• v.32 no.1
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• pp.1-11
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• 2021

Purpose: This qualitative study is aimed to explore the factors in the aspect of the community that made it difficult for field experts to conduct counseling and case management. Methods: A total of four focus group interviews composed of 15 field experts including nurses were conducted. Results: A theme, six categories and 22 subcategories were derived. As for the theme, it was found that legal, educational, and environmental systems reflecting non-suicidal self-injury of the characteristics in adolescents were insufficient. In the legal aspect, the defect of the parental education legal system, the reality of having to rely on parental consent when supporting adolescents with non-suicidal self-injury; in the educational aspect, the lack of manuals and education for counseling and case management for adolescents with non-suicidal self-injury; in the environmental aspects, the defect of economic burden and support, a lack of information systems for various organizations in the local community, absence of a dedicated support system for adolescent with non-suicidal self-injury and a lack of human and physical resources. Conclusion: Based on the results of this study, there needs to be a responsible institution that can comprehensively manage the non-suicidal self-injury of adolescents, and efforts to develop the competence of community nurses.

• 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.

• Korea Journal of Hospital Management
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• v.1 no.1
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• pp.56-82
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• 1996

The objectives of this research are (i) to review the legal nature of medicine & medical affairs law, (ii) to identify legal defects in terms of the adequacy and feasibility of its provisions and in terms of the structural order among related laws and acts, and (iii) to find out a rational way for revision of the law. Major findings of this research are as follows: 1) The main defects of the Medicine & Medical Affairs Law of Korea are shortcomings of provisions necessary for securing people's right as well as medical practitioner's responsibility and in adequacy to its post as a mother-law in medical fields. 2) Some provisions of the law are inconsistent with other laws and acts, especially with Health Insurance Law. 3) Medicine & Medical Affairs Law of Korea is required to be totally revised in order to keep up with situational changes and to function as a mother-law in its field. On the basis of these findings this study suggests that all the concerned parties would cooperate to renew the law into very sound feature of the mother-law in health field.

• Korean Journal of Construction Engineering and Management
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• v.21 no.1
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• pp.40-49
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• 2020

This study analyzed the factors affecting the ruling of litigation on the housing reconstruction and housing redevelopment project based on the cross analysis and logistic regression analysis. According to cross analysis result, the defensive process prerequisite group was showed significant in many variables which were past legal relation, no ownership or association member status, double lawsuit, abuse of lawsuit right·litigation trust, existence of claim-preclusion, no standing to sue·no standing to be sued, lapse of litigation period, no legal interest, no own defect of approval. On the other hand, the offensive cause of action group was found to have no significant variable. According to logistic regression result, the defensive process prerequisite group was showed significant in many variables which were past legal relation, no standing to sue·no standing to be sued, no ownership or association member status, double lawsuit, no own defect of approval, abuse of lawsuit right·litigation trust, existence of claim-preclusion. Meanwhile, the offensive cause of action group was showed significant in only one variable that was defect in relation with articles of association. Overall, it is noteworthy that the offensive cause group showed very low significant results compared with the defensive process prerequisite group.

• Journal of Auto-vehicle Safety Association
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• v.7 no.4
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• pp.31-38
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• 2015

In the United States, when NHTSA initiates the vehicle defect investigation, the most of automotive manufactures voluntary start their vehicle's recall campaign immediately. However, in the domestic market, NGOs, medias and even the National Assembly complaint the attitude of domestic and foreign makers tendencies of retardation of recall campaign. Also there were criticism for the manufacturer's concealing or downsize of their vehicle defects to the publics. In general, the manufactures may wait until MLIT's decision to recall orders. Therefore, in this study, from the survey of foreign countries legal recall systems and it is recommended reinforcement of the current vehicle management law to promote more frequent voluntary recall campaign from makers. In this study, it is also includes summarize all previous recall related research works and proposes the more stringent regulations to punish of concealing or downsize their vehicle safety defects.