중재판정사례로 본 건설클레임의 분석과 향후 전망

• 발행기관: 한국건설산업연구원
• 저자명: 두성규
• 간행물 정보: 『한국건설산업연구원 연구보고서』연구보고서 2003-01, 1~132쪽, 전체 138쪽
• 주제분류: 공학 > 토목공학
• 파일형태: PDF
• 발행일자: 2003.01.01

영문 초록

Construction work has character which claim or dispute is frequently raised. So It is needed dispute resolution system. Up to date, the parties to a dispute has mostly been utilized a suit. But a suit is likely to Impose economical cost And judges and junes may not be very well qualified to resolve technical matters. Recently as alternative means arbitration, mediation, conciliation etc., is used. Especially arbitration is a system, voluntarily adopted by parties to decide disputes, in which an impartial arbitrator, after hearings, Issues a legally enforceable award Construction arbitration is defined as arbitration system resolving dispute between owner and contractor about construction work, contractor and sub-contractor about sub-contract in construction, contractor and third parties about construction liability, engineer and contractor, etc. Nothing but all parties must agree to arbitrate before a dispute can be settled by arbitration. Agreement is usually reached before the dispute arises, by arbitration agreement included as a clause in a construction contract Agreement also may be reached after the dispute arises, in which case it is referred to as a submission. According to survey, construction arbitration is highly evaluated by construction industry after the awards of seoul subway construction case. However the construction arbitration system in Korea has not been activated by reason of some problems. For example, ambiguity of arbitration clause in contract document, deficiency of connection with mediation system, neutrality deficiency of arbitration organization, specialization deficiency of organization and manpower are major cause of inactivation. Therefore the purpose of this study is to activate utilization of the construction arbitration system through concrete case and survey analysis about recognition or evaluation of construction arbitration system. This study is consist of I ~ VII chapter. In the part of chapter II, we introduce the present condition of construction arbitration. In chapter III, we show the survey result table and its suggestion And we give careful consideration to a problems about arbitration system of construction industry in chapter IV. In the part of chapter V, we introduce analysis and its suggestion of arbitration cases. In the part of chapter VI, we suggest Improvement in future. In the last chapter VII, this study will suggest the influence and future prospects of construction arbitration as changes of concerned laws and ordinances.

목차

Ⅰ. 서론

Ⅱ. 건설중재의 이용 현황 및 법제

Ⅲ. 건설중재절차의 이용실태

Ⅳ. 건설중재의 제도적 문제점

Ⅴ. 계약단계별 건설업체의 대응방안

Ⅵ. 건설중재제도의 장기적 발전방안

Ⅶ. 향후 건설중재의 전망

참고자료 및 문헌

Abstract

요약