국내·외 기준 분석을 통한 환경/설비 분야 건축표준설계기준 제정

김태현,여명석,김민성,정재원,박준석,송승영,최안섭,송두삼,양인호,김명준,김광우 한국건축친환경설비학회 2014 한국건축친환경설비학회 논문집 Vol.8 No.4

The Purpose of this study is to compare between domestic and international codes and its components about architectural environmentalareas and establish contents of Korean Building Code-Environment, Energy saving, Mechanical and Electrical equipment(KBC-EEME),and propose its future directions. First of all, domestic and international codes about architectural environmental areas were comparedand analyzed. Domestic code of architectural environmental areas was enacted by a variety of government ministries while all of theinternational codes investigated in this study were enacted by a single organization. Thus, in this study, all of the Korean codes aboutarchitectural environmental areas were integrated under the KBC-EEME table. Furthermore, some contradicted contents in domestic codewere founded due to many different government ministries, so the necessity of a single organization for domestic code was suggested. Finally, some contents of international codes which were inadequate in domestic code were offered for the future KBC-EEME, and thefuture work for globalization of the KBC-EEME was raised.

부동산이용권과 저당권의 관계

김재형 한국민사법학회 2016 民事法學 Vol.75 No.-

In the context of Korean property system, a juh-dang-kweon (mortgage) is a security right allowing for the use of real property involving two bifurcated values. Namely, the mortgager retains possession of the property and employs the value in use, while the mortgagee benefits from the value of property in exchange. As such, under modern Korean property law, the concept of mortgage is considered rational and highly effective in nature. Yet the creation of a mortgage on real property may result in a conflict between the right to use on the part of the mortgagor and the rights of the mortgagee on the other. To address this issue, several legal instruments have emerged and developed over the years. This paper studies how the Korean Civil Code (hereinafter “Code”) regulates the relationship between the mortgagor's right to property use and the mortgagee's right to a mortgage created on immovable property (hereinafter “Two Rights”), and how the latest reform proposal of the Code takes on the issue. To this end, I will first go through the provisions of the Code governing the relation between the Two Rights and move on to probe the subject of distinction between value in use and value in exchange. I will then conclude by introducing the particulars of proposed amendments by the Code Amendment Committee ("Committee"), which was established under the auspices of the Korean Ministry of Justice in 2009, to the Code. The relationship between the abovementioned rights is best understood in the context of what happens before and after the enforcement of a mortgage. Prior to such enforcement, the mortgager may use and enjoy the benefits of real estate; further, both a mortgage and a right to use may be concurrently created on the same real property. When a mortgage is created, the value in use is reserved to the owner of the property and to anyone who is entitled to use it. Seen in this context, juh-dang-kweon and the right to use can be said to coexist. Subsequent to the enforcement, however, the right of use lapses, unless such right subsists and trumps over the rights of the mortgagee. As a result, a divide between the value in use and value in exchange no longer remains relevant in that, upon enforcement, the nature of their relationship changes rather drastically. It is, therefore, questionable if a single theory can adequately accommodate and account for the effects of such a metamorphosis. The traditional theory on the right to values has distinguished between the Two Rights. This paper questions the wisdom and validity of that distinction by arguing that the value in exchange anticipated by the mortgagee is not entirely irrelevant to the use value. Like other legal systems, the relationship between the right of property use and mortgage-related rights is not decided a priori. Legal treatment of such relationship may well vary from jurisdiction to jurisdiction, and the provisions of each nation’s related laws and their interpretation will in effect determine juridical treatment thereof. The Committee's proposed amendment to the Code (“Amendment”) is a meaningful endeavor in that it shows how the current Korean legal system regulates the Two Rights. The Korean society has gone through radical transformations since the enactment of the Code, and, in the process, use of real estate has also diversified. As a result, a legal conflict between the Two Rights is not uncommon. The Amendment attempts to resolve issues not thought of at the time of the enactment. The Amendment ushers in little change in terms of the underlying relationship between the Two Rights, but it does recognize the mortgagee’s right to exclude based on juh-dang-kweon by newly introducing an explicit provision to that effect. The Amendment also contains revisions on the provisions of the Code relating to subrogation in rem (i.e. secured creditor’s right to the proceeds replacing the secured property when it was destroyed, demolished or publicly ...

인허가관련 설계품질검토 자동화를 위한 건축법규 문장 관계논리에 관한 연구

김현정(Hyunjung Kim),이진국(Jin-Kook Lee) (사)한국CDE학회 2016 한국CDE학회 논문집 Vol.21 No.4

This paper aims to define the relational logic of in-between code articles as well as within atomic sentences in Korean Building Code, as an intermediate research and development process for the automated building permit system of Korea. The approach depicted in this paper enables the software developers to figure out the logical relations in order to compose KBimCode and its databases. KBimCode is a computer-readable form of Korean Building Code sentences based on a logic rule-based mechanism. Two types of relational logic definition are described in this paper. First type is a logic definition of relation between code sentences. Due to the complexity of Korean Building code structure that consists of decree, regulation or ordinance, an intensive analysis of sentence relations has been performed. Code sentences have a relation based on delegation or reference each other. Another type is a relational logic definition in a code sentence based on translated atomic sentence(TAS) which is an explicit form of atomic sentence(AS). The analysis has been performed because the natural language has intrinsic ambiguity which hinders interpreting embedded meaning of Building Code. Thus, both analyses have been conducted for capturing accurate meaning of building permit-related requirements as a part of the logic rule-based mechanism.

건축도급에서의 하자담보책임기간

김봉수 사단법인 한국건설법무학회 2023 건설법무 Vol.9 No.-

If there is a defect in the building, the building owner can exercise the right due to the defect. At this time, the limitation period of the owner's rights is stipulated in the Korean Civil Code, Framework Act On The Construction Industry, Act On Ownership And Management Of Condominium Buildings, and Multi-family Housing Management Act. These Acts have priority when applied in practical cases. First, the limitation period of rights due to defects in the Framework Act On The Construction Industry takes precedence over the period of the Korean Civil Code. And since the Act On Ownership And Management Of Condominium Buildings is a special law, it takes precedence over the Framework Act On The Construction Industry and the Korean Civil Code. And the Multi-family Housing Management Act supplements the Act On Ownership And Management Of Condominium Buildings. In addition, the parties to the construction contract may set the limitation period of the right due to defects differently from the Korean Civil Code and the Framework Act On The Construction Industry, but they must not violate the Act On Ownership And Management Of Condominium Buildings and Multi-family Housing Management Act. Next, the Supreme Court and many theories regard the limitation period of rights due to defects in the Civil Act and Collective Building Act as the exclusion period. However, there is a dispute of opinions as to whether the extinctive prescription applies together with the exclusion period. In my opinion, the limitation period of the right due to the defect corresponds to the exclusion period, but I think that the extinctive prescription should also be applied along with it. And the time when the extinctive prescription begins should be the time when such rights can be exercised, that is, the time when a defect exists and the building owner becomes aware of the defect. Lastly, the laws classify the limitation period of rights due to defects according to the type of construction, but the current limitation period of rights needs to be reviewed again in consideration of the type of construction, materials, and technology. In addition, since the limitation period of rights due to defects is an important issue between the building owner and the constructor, additional discussion is needed on the appropriate and reasonable exercise period of rights.

수직비정형과 비틀림비정형을 동시에 가지는 저층 RC 건물의 내진성능에 관한 연구

최인혁(Choi, In-Hyuk),백은림(Baek, Eun-Rim),이상호(Lee, Sang-Ho) 대한건축학회 2019 大韓建築學會論文集 : 構造系 Vol.35 No.12

Korean piloti-type buildings are comprised of pilotis in the first story and shear walls in the upper stories. This vertical irregularity causes excessive lateral plastic deformation on the first story while the upper stories stay elastic. Meanwhile, asymmetric position of structural components such as core walls and columns of RC piloti-type buildings tends to produce torsional irregularities of the structures. Korean Building Code(KBC2016) requires the special seismic load and torsional amplification factor to apply to the piloti-type buildings lower than six-story or 20m if it has vertical and torsional irregularities when the building corresponds to seismic design category C or D. Many Korean low-rised RC buildings fall into the class. Therefore, the special earthquake load and torsional amplification factor are often applied to a building simultaneously. However, it has not been studied enough how much influence each parameter has on buildings with vertical and torsional irregularities at the same time. The purpose of this study is to evaluate the effect of factor special seismic load and torsional amplification on seismic performance of irregular buildings. In this study, a damaged 4<SUP>th</SUP> story piloti-type building by the Pohang earthquake was selected and the earthquake response analysis was carried out with various seismic design methods by the KBC 2016. The effect of the design parameters on seismic performance was analyzed by the dynamic analysis of models with special seismic load and torsional amplification factor based on the selected building. It was concluded that the application of the torsional amplification factor to the reference model to which special seismic design was applied, does not significantly affect the seismic performance.

민법 제365조의 일괄경매의 요건에 관한 해석과 입법론에 관한 연구

이종구 ( Jong Goo Lee ) 단국대학교 법학연구소 2012 법학논총 Vol.36 No.1

The Korean Civil Code Art, 365 provides that where a mortgagor constructs on mortgaged land after the creation of a mortgage, the mortgagee may auction the building together with the land. According to Korean Supreme Court precedent, Art, 365 protects the building while giving the mortgagee a remedy from the difficulty of auction of land caused by the existence of a building; for the mortgagee to auction the building, (1) the building should be constructed after the mortgage was attached to the land and (2) a mortgagor should own the building. A mortgagee cannot auction a building which others own. Scholars and practitioners criticize the precedent as too rigid. The main issues raised focus on the relationship between statutory superficies, Art. 366, and auction of buildings on mortgaged lands, Art, 365, a building owner`s auction rights, and the requirement that the mortgagor and the building owner be the same person, This paper reviews and analyzes the scholarly and practitioner`s debates, concluding that we should interpret that the mortgagee cannot auction buildings where the building owner has statutory superficies on the land, and that building owners do not need the right to auction a building together with the land in the foreclosure process of the land. In addition, a broader court interpretation is needed so that land mortgagees can auction a building owned by others, not the mortgagor, to adjust the interest of all parties.

지역·지구 경계부 대지의 건축기준 적용에 관한 연구 : 개발용량에 의한 총합개념을 중심으로

최찬환,황용연,김주석 대한건축학회 2003 대한건축학회논문집 Vol.19 No.6

The purpose of this study is to analyze a problem of the application of 'Korean building code' occurred by discord a zoning line and a lot line, and to find a way out of this problem. The application of 'Korean building code' is based on the development capacity which is decided by urban planning, and it is grounded that 'the total development capacity' should not be over-estimated for the public profit. In a lot, that is including several zones, we suppose to estimate the 'floor area ratio'&'building coverate ratio', which determine the lot's development capacity, by respective zone's area ratio.

공사현장에서 건축부지에 대한 유치권 성립 검토-대상판결: 서울고등법원 2018. 8. 23. 선고 2017나2050783 판결-

나산하 건국대학교 법학연구소 2019 일감부동산법학 Vol.- No.19

Article 320 of the Civil Act defines ‘possession’ and ‘connection-relation between bonds and objects’ as an essential requirement of lien. According to the Supreme Court’s judgment, a third party’s possession of land is not authorized in relation to the site of a building, except the owner of the building. Therefore, if the ownership of the building is recognized by a third party after the building is completed, the contractor of the building will lose a lien on the land. However, possession, which is the founding requirement of lien, means the person’s realistic domination that society generally believes to be in an objective relationship, at which time factual control corresponds to a normative concept that is not necessarily limited to physical and practical control of an object. Thus, as long as the contractor of a new construction exercises a lien by carrying out the civil engineering work on the site and then continuing to occupy the site and the building, even if the ownership of the building changes, the contractor does not lose possession of the land and then the lien. In addition, the Supreme Court believes that in the case of civil engineering work usually accompanied by construction work, the construction bond can not be regarded as having occurred with respect to the land. However, considering the characteristics of civil engineering work usually done by small companies, it is not necessary to formally judge ‘connection-relation between bonds and objects’ based on the words or contents of the construction contract. Rather it should be judged from a practical point of view such as whether the civil engineering work can be regarded as increasing the value of the land itself as in the case of making it suitable for the construction or whether it can be recognized as independent value or independence itself distinguished from the building new construction. 민법 제320조는 유치권의 필수적 요건으로 ‘점유’와 ‘채권과 목적물 사이의 견련관계’를 정하고 있다. 그런데 대법원 판결의 법리에 의하면 건물의 부지와 관련하여서는 건물의 소유자 외에는 제3자의 토지에 대한 점유를 인정하지 아니하고 있으므로, 건물이 완공된 이후 그 건물의 소유권이제3자에게 인정되는 경우 건물 신축공사의 수급인은 그 토지에 대한 유치권을 상실하게 되는 결론에 이르게 된다. 그러나 유치권의 성립요건인 점유는 사회통념상 그 사람의 사실적 지배에 속한다고 보이는 객관적 관계에 있는 것을 의미하고, 이 때 사실적 지배는 반드시 물건을 물리적 현실적으로 지배하는 것에 국한되지 아니하는 규범적 개념에 해당하는 것이다. 따라서 신축공사의 수급인이 대지조성을 위한 토목공사를 수행하고, 이를 토대로 그 대지에 건물을 신축한 후 계속하여 그 대지와 건물을 모두점유하면서 유치권을 행사하고 있는 경우에는, 그 건물의 법적 소유권 여하에도 불구하고 수급인이 계속하여 토지에 대한 ‘점유’ 및 ‘유치권’을 상실하지 아니하는 것으로 보아야 할 ‘특별한 사정’이 인정된다고 볼 수 있다. 또한 대법원은 건축공사에 통상적으로 수반되는 토목공사의 경우에는 그 공사대금채권이 토지에 관하여 생긴 것으로 볼 수 없다는 입장이다. 그런데 일반적으로 영세업체에 의해 이루어지는 토목공사의 특성을 감안하여 보면 이러한 견련관계의 인정여부와 관련하여서는 단순히 그 공사계약의 문언이나 내용을 근거로 형식적으로 판단하기 보다는, 해당 토목공사가 그 토지를 건축공사에 적합하게 만드는 경우와 같이 토지 자체의 가치를 증대시킨 것으로 볼 수 있거나 또는 건물 신축공사와는 구분되는 독자적인 가치 내지 독립성이 인정되는 것으로 볼 수 있는지 여부와 같은 실질적인 관점에서 판단이 이루어져야 할 것이다.

건축구조기준 2016 기반 강풍 취약도 평가 방법론 개발

함희정,조민규,최승훈,이승수 한국풍공학회 2021 한국풍공학회지 Vol.25 No.4

본 논문에서는 국내 최초로 건축구조기준(KBC 2016)에 기반하여 확률적 영역에서 초과손상확률 형태와 평균손상확률 형태 의 강풍 취약도 평가 방법론을 개발하였다. 본 연구에서는 풍하중에 대한 3초 순간풍속의 영향을 고려할 수 있는 풍하중 산정식을 건 축구조기준을 기초로 유도하였다. 또한 풍하중과 관련된 문헌을 기초로 유도된 3초 순간풍속 기반의 풍하중 산정식에 적용할 수 있는 풍하중 산정계수의 통계치를 제시하였다. 본 연구에서는 초과손상확률 형태와 평균손상확률 형태의 강풍 취약도를 평가하기 위하여 몬테카를로 모사(Monte Carlo Simulation) 기법을 이용하여 해석적 확률 모델을 개발하였다. 제안한 강풍 취약도 평가 방법론의 신뢰 성은 저층 건축물 모형의 지붕 쉬딩 패널 시스템(roof sheathing panel system)을 대상으로 ASCE(American Society of Civil Engineers) 풍하중 기준을 적용한 취약도 평가 방법론의 결과와 비교·검증되었다. 본 연구는 국내 건축구조기준의 풍하중 산정식을 이용하여 강 풍 취약도의 평가 방법론을 보이며, 제안된 방법론에 의한 강풍 취약도는 기존 ASCE 기반 방법론의 결과와 비교하여 작은 오차 범위 내에서 잘 일치함이 확인되었다. 본 연구에서 제시한 강풍 취약도 평가 방법론은 자연재해저감계획 등에 따른 강풍 피해 예측 시 취약 도 구축 방법으로 적용될 수 있을 것으로 판단된다. This paper presents a methodology to assess extreme wind fragility and vulnerability in the probabilistic domain based on KBC (Korean Building Code) 2016 for the first time in South Korea. In this study, wind load equation is derived based on KBC 2016 to consider the effects of 3-second gust wind speeds. Wind load related statistics is also proposed for the derived wind load equation based on related literature. A probabilistic analysis model is developed to assess extreme wind fragility and vulnerability by Monte Carlo Simulation method. The reliability of the proposed methodology is verified with the results of other fragility and vulnerability assessing methodologies based on ASCE (American Society of Civil Engineers) wind provision for roof sheathing panel system of a low-rise prototype building. This study shows that extreme wind fragility and vulnerability of buildings can be assessed using the wind load equation in KBC 2016 and confirms that the wind fragility and vulnerability by the proposed methodology agree well within small error ranges compared with the results of existing methodologies based on ASCE wind provison. The proposed methodology presented in this study can be used as a method for establishing extreme wind fragility or vulnerability when loss estimations are needed for the natural disaster reduction plan, etc.

건축물 설계품질검토 자동화를 위한 인허가 관련 건축법규문장의 논리 및 규칙 체계 개발

김하얀(Hayan Kim),이진국(Jin-Kook Lee) (사)한국CDE학회 2018 한국CDE학회 논문집 Vol.23 No.2

This paper describes the development of a KBimLogic that translating Korea Building Act sentences into the computer-readable codes called KBimCode for the automatic BIM-based building permission system of Korea. Due to the complicated structure and natural language based contents of Korea Building Act, it has to be explicitly expressed in computable code to make computer understand the regulation contents. In this regard, the regulation sentences are analyzed and components are structured to compose KBimCode. In conclusion, 1,131 KBimCodes translated from Korea Building Act, and its composing building object, property, method, and sentence relations are structured. Additionally, to extend usability of the KBimLogic, web based database, stand-alone applications, and their own manuals for the general users are developed. Through the KBimLogic, Korea Building Act can be translated into the explicit building code that can be readable by both human and computer, and executable format adaptable by the rulechecking software. Through elaborating and expanding the contents of the database, the mechanism and its result can be used not only for the Korea Building Act but also the other type of regulation such as international design guideline, RFP, or design manual of architectural firm.