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철도건설사업 공사기간 연장에 따른 간접비 소송의 쟁점 고찰
송권,방이엽,정찬묵 한국철도학회 2018 한국철도학회논문집 Vol.21 No.5
The purpose of this study is to examine the relations between issues in construction legal proceedings foroverhead compensation due to the extension of completion time and the tendency of court decisions; study was conductedto identify causes of increased legal proceedings for overhead compensation. For this, this study analyzed proceedingsthat occurred from the early 2000s to the present. As a result, the major issue of legal proceedings in the firstperiod was found to include whether the parties’ intentions were reflected at the time of signing the change contract andthe effect of the no-further-claims agreement on overhead compensation. In the second period, the major issue is a matterof whether the total contract is approved among continuous long-term contracts. It is found that, after the year 2012,when new issues on disputes coincidentally emerged, the number of proceedings has rapidly increased and the tendencyof court decisions has more strongly favored construction companies than procuring authorities. The analysis of courtjudgements shows that the court seems to give more favor to construction companies than to procuring authorities afterthe emergence of new issues; this is considered a cause of the legal proceeding increase.
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