• Title, Summary, Keyword: 손해액

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A Study on the Improvement Method on Calculating the Damages Caused by the Bid Rigging in the Construction Work (건설공사 입찰담합으로 인한 손해액 산정 개선방안 연구)

  • Min, Byeong-Uk;Park, Hyung-Keun
    • Journal of The Korean Society of Civil Engineers
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    • v.37 no.6
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    • pp.1053-1061
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    • 2017
  • The study is concerned with providing the improvement method on making a reasonable and scientific decision on the damages accrued from the bid rigging in the construction work. According to the review on the precedent studies and decision cases on the damages caused by bid rigging, the representative problems include the insufficiency of the classification system on the damage calculation method and the omission of the necessary stage in the damage determination process. First, the improved classification system on calculating the damages caused by bid rigging is presented with the application to the bid rigging in the construction work by adding the ratio factor in addition to the damage calculation parameters such as price and cost. Second, the standard procedures organized with six stages is presented as the process required for determining the damages if the indemnification for bid rigging is claimed. The study becomes the foundation for resolving the problem with the undue burden on a party and for preventing the opportunity loss by resolving a dispute early through the improvement classification system and standard procedures presented in the study.

Study on the North Korean Law in Estimating the Damages caused by Personal Injury (북한법상 인신사고에 대한 손해액 산정기준)

  • Hyun, Dooyoun
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.47-82
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    • 2019
  • Inter-Korean exchanges and cooperation, in the process, will inevitably lead to various legal disputes, one of which is the issue of compensation for personal injury. The purpose of this study is to present the standards of settlement of disputes between the residents of North and South Korea by examining the North Korean compensation law on the calculation of damages due to personal injury and comparing it with the South Korean compensation law. Understanding the North Korean compensation law is a critical and urgent task, as exchanges and cooperation between the two Koreas are expected to increase in the future. For the South Korean compensation law does not have specific provisions on the estimation of damages, the specific methods and standards for estimating damages are determined by court precedents. The South Korean courts categorize the damages caused by personal injury into active property damages, passive property damages and emotional distress damages and calculate the amount of each damages. On the other hand, the North Korean Compensation for Damage Act stipulates the categories of damage by dividing the cases of personal injury into 1) infringement of health(§41), 2) disability due to infringement of health(§42), and 3) death resulting from human infringement(§44). In addition, the North Korea Compensation for Damage Act specifies the calculation of compensation for damages(§43, §51). Furthermore, South Korea widely acknowledges emotional distress damages for personal injury, whereas North Korea does not recognize emotional distress damages in principle.

A Study on Method for Damage Calculation Caused by Bid Rigging in Alternative Tenders for Construction Projects -Utilizing the Difference of the Design Score & Bidding Rate as Factor - (건설공사 대안입찰 담합으로 인한 손해액 산정모델 연구 - 설계점수 및 투찰률 차이 인자 활용 -)

  • Min, Byeong-Uk;Park, Hyung-Keun
    • Journal of The Korean Society of Civil Engineers
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    • v.38 no.5
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    • pp.741-749
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    • 2018
  • The purpose of this study is to propose a rational and scientific damage calculation model in relation to damages caused by bid rigging in construction projects. Previous studies and precedents in relation to calculating damages from bid rigging suggest that the main issue was the lack of consideration in standards for deciding successful bids, selection of inadequate standard comparative markets, insufficiency in analyzing the appropriateness of competitive bid price influence factors, and absence of calculation model verification. In order to improve on these issues, a damage calculation method on alternative tenders for construction projects was proposed. For this calculation model, first, a standard market adequate to the successful bid selection standards was determined, second, an appropriate factor was selected by analyzing the correlation between competitive bid price influence factors, and third, a regression analysis was conducted on the selected factor. Lastly, this was demonstrated through verification of appropriateness, significance & normality of the proposed model and application of actual bid rigging cases. Through the proposed calculation model, this study seeks to serve as a base to prevent opportunity damages for parties involved in related court cases by early resolution of disputes and relief from issues of unfair damage burdens on a particular party.

외국의 PL법제도 운영과 동향②

  • 정연해
    • Electric Engineers Magazine
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    • v.242 no.10
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    • pp.39-44
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    • 2002
  • 손해배상액의 결정은 시민들 중에서 선발된 배심원이 판단하게 되며 이들은 비전문가로서 법률을 심리함으로써 이론적인 판단보다는 감정적인 판단에 치우치게될 가능성이 매우 크다. 특히 징벌적 손해배상금의 결정도 배심원이 판단하기 때문에 손해배상금을 상승시키는 원인이 되고 있다.

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공정거래법상 손해배상제도의 현황과 과제

  • 홍대식
    • Journal of Korea Fair Competition Federation
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    • no.98
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    • pp.10-16
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    • 2003
  • 손해배상제도가 활성화되면 공정거래법 위반행위로 피해를 입었다고 주장하는 당사자들은 공정위에 시정조치의 발동을 촉구하는 것과 별도로 법원에 손해배상청구를 하여 신속한 권리 구제를 받을 수 있고, 동일한 사안에 대하여 공정위와 법원이 관여하게 되는 기회가 확대됨에 따라 현재와 같은 양 기관 사이의 판단 과정의 괴리도 좁혀질 수 있을 것으로 기대된다. 다만 개정안에도 불구하고 손해배상소송에서 입증이 어려운 영역인 인과관계와 손해액에 관한 피해자의 실질적인 입증부담은 여전히 남아 있으므로 개정안에 따른 제도개선이 소 제기 활성화라는 효과를 얼마나 가져 올 것인지는 더 지켜볼 문제이다.

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Some Methods Determining Reasonable Royalty Rates for Patent Valuation - An Infringement Damages Model (특허가치평가를 위한 합리적 로열티율 산정 방안 - 손해액산정모형을 중심으로)

  • Yang, Donghong;Kim, Sung-Chul;Kang, Gunseog
    • Journal of Korea Technology Innovation Society
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    • v.15 no.3
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    • pp.700-721
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    • 2012
  • This paper deals with methods for determining the reasonable royalty rates in the valuation of patents. To calculate the reliable reasonable royalty rate of a patent, we review pros and cons of the 25% rule royalty calculating method and the recent trend of this method. We also review the game theory of Nash Bargaining equation and review the Investment of Rate of Return Method according to the financial analysis. Next, we refer to the reasonable royalty damage cases among the recent patent infringement cases in USA and analyze the corresponding patents. We extract the patent indicators from the patent bibliographic information. Finally, we obtain a regression model for calculating a reasonable royalty rate using the patent indicators and the reasonable royalty rates in the recent patent infringement cases.

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