• Journal of Arbitration Studies
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• v.11 no.1
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• pp.217-245
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• 2001

Like traditional commerce, disputes are bound to arise in the course of conducting an e-commerce transaction. At present of June 30, 2001, 259 cases of dispute on e-commerce have been applied for the mediation of Electronic Transaction Dispute Mediation Committee, types of them are 170 cases of delayed delivery of commodity, 21 cases of contract cancellation and refund, 16 cases of personal information protection, 16 cases of false and exaggerated advertisement, 14 cases of commodity defect. The settlement systems of e-commerce dispute are litigation and Alternative Dispute Resolution(ADR). ADR encompasses mediation, arbitration, and similar private tools for resolving disputes. ADR offers many perceived advantages. Speed of resolution and low cost are often cited as the primary benefits. Therfore e-commerce disputes may be settled more effectively by litigation. The settlement systems of e-commerce dispute by ADR are the mediation of Electronic Transaction Dispute Mediation Committee, the mediation of Consumer Dispute Mediation Commercial Arbitration Board, and the arbitration of Korean Commerical Arbitration Board. E-commerce sets up the probability that its merchants and customers will not exist in the same legal jurisdictions. The confusing application of laws and wide geographical dispersion of these parties will necessitate a faster and cheaper dispute resolution methodology. Therefore, online ADR may be effective for e-commerce dispute resolution. The examples of online ADR opetation are the cyber mediation of Electronic Transaction Dispute Resolution Committee, the cyber mediation of Korean Commercial Arbitration Board, the cyber mediation of Click N Settle, the online ADR of BBB online, and the cyber arbitration of virtual Magistrate.

• Journal of the Korea Institute of Building Construction
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• v.11 no.3
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• pp.208-220
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• 2011

Recently, the arbitration system for defect disputes has been introduced to settle the disputes arising from defects in apartment buildings. However, the conciliation system did not reflect the current technical issues of defect disputes and the opinions of each party involved in the disputes. Moreover, it revealed more imperfections in the content and the process of the system itself. Therefore, this study aims to review the technical aspects of defect disputes, and suggest an alternative to the conventional conciliation system. This paper also discusses logical factors that can be addressed for the current subjective judgment. It is recommended that each party involved in the defect dispute build mutual trust in order to meet social needs, which is the underlying support for the revitalization of the institutional level.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2011.05a
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• pp.185-186
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• 2011

The latest domestic construction sector is receiving economic damage because of defect litigation. The Concrete Crack among them has the largest component in expense of apartment house defect. Also, contradictory suggestion of appraiser is problem. To improve these problem, need objective plan that people concerned can recognize about decision sequence. Therefore, in this study, compared general defect investigation and defect decision of appraiser taking advantage of Data Dictionary analysis method. Also, deduced current problem and amelioration plan.

• Journal of the Korea Institute of Building Construction
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• v.14 no.3
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• pp.195-206
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• 2014

The main issue of defect dispute is consulting, reviewing, and finally judging as an arbiter. A defect consulting is represented a defect consulting report, but a business custom and a standard of judgment are different each consultants, and have many problems. This study reviews literature studies and institutional researches, set up a research structure. it has 7 indexes that 5 indexes are formal indexes, and the other are qualitative indexed. As a result of case study, formal indexes are respect on the whole. However, each appraiser has different ideas, and, is expected to delay on fixing a construction lawsuit practice. This study suggests to improve a defect consulting report, it is followed. In formal part, suggested to change configuration is adjusted and integrated similar items. In qualitative part, an evaluation system for appraiser and an education program for engineers is suggested.

• 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.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2017.05a
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• pp.266-267
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• 2017

As apartment buildings defect lawsuits become socioeconomic problems, an objective basis system for the term of warranty liability of reinforced concrete constructions is urgent. This study was carried out as a basic study for developing a basis system for the term of warranty liability. To do this, defect data actual collected in apartment complexes were collected and analyzed. As the result of checking the cumulative rate of defect occurrence in reinforced concrete construction by year, the point of time of reaching the 90% level was the 5th years, which was similar with the provision of the Apartment Building Management Act. However, the current Supreme Court precedent has decided that the term of warranty liability for the main structural parts in reinforced concrete construction shall be 10 years and the dispute is expected to continue in the future in the defect lawsuit.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2012.05a
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• pp.111-112
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• 2012

The purpose of this study is to evaluate a defect in apartment buildings as review a safety investigation and consult a defect. As a result to compare a safety investigation to consult a defect, they are almost similar in spite of the purpose and the scope of evaluation are different. Therefore, it needs to establish a special and systemic system, and follow an organized effort about raising a consultant and improving an ability.

• KIEAE Journal
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• v.7 no.6
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• pp.127-132
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• 2007

Recently, the cases of lawsuit are growing on residential defects. Though, mostly residential construction companies are trying to mitigate resident's dissatisfaction due to keep the company's brand image by operating customer service team, some representatives of apartment buildings initiate litigations without any negotiation with countrepartner companys incited by planned suit lawyers. But lawsuit takes longtime to sentence(about more than one year), and judged amount of money are very few (averaging about 14%) compared with asserted amount of it. To suggest the improving alternatives, the types and problems of defect lawsuit on apartment complex are analyzed.

• Korean Journal of Air-Conditioning and Refrigeration Engineering
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• v.29 no.2
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• pp.82-88
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• 2017

There are main issues of defect type that condensation, concrete crack and noise in apartment buildings. Especially, according to the Apartment Defect Dispute Mediation Committee in Korea (ADDMC) at Ministry of Land Infrastructure and Transport in Korea (MLIT), condensation defects are great importance (14 percent) on whole number of reported cases of faults from 2015 in Korea. Most condensation defects have many different causes that take a toll on the resident's life and space. So it is very important to early detection and repair. For preventing the condensation in apartment buildings, there are building codes in Korea such as 'Standard of Method and Judgment for Apartment defect of investigation, Repair cost Estimate'. This research aims to study on the improvement of preventing the condensation aforementioned korea standard. Types and characteristics (opaque wall, windows, doors) of cause of occurrence and existing state condensation defect is analyzed from evaluation of real application 100 case in 2015 ADDMC data.

• 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.