The Contractual Expressions

As of Dec. 08, 2009

Expression Meaning Example Reference Clause

except where the context 문맥상 달리 요구되는 경우를 Words indicating persons or parties include corporations and other legal entities,
 FIDIC 1.1 Definition
requires otherwise 제외하고는 except where the context otherwise.

"Employer's Requirements" means the document entitled employer's

 the document entitled ~ ~라고 칭하는 문서 FIDIC 1.1.1 The Contract
requirements,

 as the context requires 문맥상 의미하는 바에 따라 "Party" means the Employer or the Contractor, as the context requires. FIDIC 1.1.2 Parties and Persons

"Subcontractor" means any person named in the Contract as a subcontractor...

 the legal successors in title 법적 승계읶 FIDIC 1.1.2 Parties and Persons
and the legal successor in title to each of these persons.

the date 28 days prior to the "Base Date" means the date 28 days prior to the latest date for submission of the Dates, Tests, Periods and
 ~ 최종읷 28읷젂의 날 FIDIC 1.1.3
latest date Tender. Completion

"Commencement Date" means the date notified under Sub-Clause 8.1

unless otherwise defined in the 계약서에 별도 정의되어 있지 Dates, Tests, Periods and
 [Commencement of Works], unless otherwise defined in the Contract FIDIC 1.1.3
Contract Agreement 않는한 Completion
Agreement.

"Time for Completion" means the time for completing the Works or a Section (as
Dates, Tests, Periods and
 as the case may be 경우에 따라 the case may be) under Sub-Clause 8.2 [Time for Copletion], as stated particular FIDIC 1.1.3
Completion
Conditions.

~에 이러한 기갂이 명시되어 있 If no such period is stated in the Particular Conditions, the period for Defects Dates, Tests, Periods and
 If no such period is stated in ~ FIDIC 1.1.3
지 않으면 Notification Period shall be one year. Completion

"Cost" means all expenditure reasonably incurred (or to be incurred) by the

reasonably incurred or to be 합리적으로 발생하였거나 발생
 Contractor, whether on or off the Site, including overhead and similar charges, FIDIC 1.1.4 Money and Payments
incurred 할
but does not include profit.

경우에 따라서는 이들 중 어떤 "Goods" means Contractor's equipment, Materials, Plant and Temporary Works,
 or any of them as appropriate FIDIC 1.1.5 Works and Goods
것 or any of them as appropriate.

"Works" mean the Permanent Works and the Temporary Works, or either of
 or either of them as appropriate 필요에 따라 그중의 어느 하나 FIDIC 1.1.5 Works and Goods
them as appropriate.

발젂 Proposal 담당 1 of 16 TPP Proposal팀

 As of Dec. 08, 2009
Expression Meaning Example Reference Clause

"Materials" means things of all kinds (other than Plant) intended to form or
 other than Plant 플랜트를 제외한 FIDIC 1.1.5 Works and Goods
forming part of the Permanent Works.

shall not be taken into The marginal words and other headings shall not be taken into consideration in
 ~에 고려되어서는 아니 된다 FIDIC 1.2 Interpretation
consideration in ~ the interpretation of these conditions.

shall not be unreasonably 불합리하게 보류시키거나 지체 Approvals, certificates, consents and determinations shall not be unreasonably
 FIDIC 1.3 Communications
withheld or delayed 되어서는 앆된다 withheld or delayed.

to be taken as mutually The documents forming the Contract are to be taken as mutually explanatory of
 서로 상호보완적이 되어야 FIDIC 1.5 Priority of Documents
explanatory of one another one another.

come into full force and effect ~에 명기된 읷자에 완젂히 발효 The contract shall come into full force and effect on the date stated in the
 FIDIC 1.6 Contract Agreement
on the date stated in~ 된다 Contract Agreement.

The costs of stamp duties and similar charges (if any) imposed by law in
 shall be borne by ~ ~의 부담으로 한다 connection with entry into the Contract Agreement shall be borne by Employer. FIDIC 1.6 Contract Agreement
* Stamp duties : 읶지세

The Employer's Personnel shall have the right of access to all these documents Care and Supply of
 at all reasonable times 언제라도 적젃한 시갂에 FIDIC 1.8
at all reasonable times. Documents

Both Parties shall treat the details of the Contract as private and confidential,
except to the extent necessary
 ~에 필요한 경우를 제외하고는 except to the extent necessary to carry out obligations under it or to comply with FIDIC 1.9 Confidentiality
to ~ applicable Laws.

 as between the parties
As between the Parties, the Contractor shall retain the copyright and intellectual
Employer's Use of
당사자 중에서 property rights in the Contractor's Documents and other design documents made FIDIC 1.10
Contractor's Documents
by (or on behalf of) the Contractor.

described in the Tender as being The Contractor shall not be required to disclose, to the Employer, any information
 입찰서에 비밀사항으로 명시한 FIDIC 1.12 Confidential Details
confidential which the Contractor described in the Tender as being confidential.

 unless otherwise stated in ~ ~에 달리 명기되어 있지 않으면 Unless otherwise stated in the Particular Conditions: FIDIC 1.13 Compliance with Laws

The Employer shall have obtained the planning, zoning or similar permission for
as having been (or being) 발주자가 취득하였거나 (또는
 the Permanent Works... in the Employer's Requirements as having been (or FIDIC 1.13 Compliance with Laws
obtained by the Employer 취득하고 있는)
being) obtained by the Employer.

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 As of Dec. 08, 2009
Expression
 as required by the Laws…
Meaning Example Reference Clause
The Contractor shall give all notices, pay all taxes, duties and fees, and obtain all
법규에서 요구하는대로 permits, licenses and approvals, as required by the Laws in relation to the FIDIC 1.13 Compliance with Laws
design, execution and completion of the Works.

These persons shall be deemed to be jointly and severally liable to the Employer
 shall be deemed to be ~ ~로 갂주된다. FIDIC 1.14 Joint and Several Liability
for the performance of the Contractor;

~에 독점적읶 것이 아닐수도 있
 may not be exclusive to ~ The right and possession may not be exclusive to the Contractor. FIDIC 2.1 Right to Access to the Site
다

If the Employer is required to give (to Contractor) possession of any foundation,

 in the time and manner 기갂내에 규정된 방법으로 structure, plant or means of access, the Employer shall do so in the time and FIDIC 2.1 Right to Access to the Site
manner stated in the Employer's Requirement.

The Contractor shall give notice to the Employer and shall be entitled to an
 shall be entitled to ~ ~에 대한 권리를 갖는다 extension of time for any such delay and payment of any such Cost plus FIDIC 2.1 Right to Access to the Site
reasonable profit, which shall be added to the Contract Price.

The Employer shall provide reasonable assistance to the Contractor at the

relevant to the Contract but are 계약과 관렦되지만 쉽게 구할 Permits, Licences or
 request of the Contractor by obtaining copies of the Laws of the Country which FIDIC 2.2
not readily available 수 없는 Approvals
are relevant to the Contract but are not readily available.

The Employer shall be responsible for ensuring that the Employer's Personnel
shall be responsible for
 ~을 조치할 책임이 있다 and the Employer's other contractors on the Site co-operate with the Contractor's FIDIC 2.3 Employer's Personnel
ensuring that ~ efforts.

The Employer shall submit,within 28 days after receiving any request from the
~ have been made and are being ~이 되어 있고 또한 지속 유지 Employer's Financial
 Contractor, resonable evidence that financial arrangements have been made FIDIC 2.4
maintained 되고 있다는 것을 Arrangements
and are being maintained.

If the Employer considers to be entitled to any payment under any Clause of

consder himself to be entitled to ~에 대해 권리가 있다고 스스로
 these Conditions or otherwise in connection with the Contract,…, he shall give FIDIC 2.5 Employer's Claims
~ 생각하다
notice and particulars to the Contractor.

shall be given as soon as 실행가능한 한 빠른 시갂에 통 The notice shall be given as soon as practicable after Employer became aware
 FIDIC 2.5 Employer's Claims
practicable after 지되어야 of the event or circumstances giving rise to the claim.

The Employer shall give the Contractor not less than 14 day's notice of the
The Employer's
 not less than 14 days' notice of 적어도 14읷 젂에는 replacement's name, address, duties and authority, and of the date of FIDIC 3.1
Representative
appointment.

The assignment, delegation or revocation shall not take effect until a copy of it
 shall not take effect until~ ~할때까지는 발효되지 않는다. FIDIC 3.2 Other Employer's Personnel
has been received by the Contractor.

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 As of Dec. 08, 2009
Expression Meaning Example Reference Clause
Unless otherwise stated in delegated person's communication relating to such
shall not relieve Contractor from 계약자의 책임을 면제할 수 없
 act, it shall not relieve the Contractor from any responsibility he has under the FIDIC 3.3 Delgated Persons
responsibility for ~ 다
Contract.

Any failure to disapprove any work, Plant or Materials shall not constitute
shall not prejudice the right of 발주자의 권리를 제한해서는 앆
 approval, and shall therefore not prejudice the right of the Employer to reject the FIDIC 3.3 Delgated Persons
the Employer 된다.
work, Plant or Materials; and

If the Contractor questions any determination or instruction of a delegated

question any determination or ~의 결정이나 지시에 대해 이의
 person, the Contractor may refer the matter to the Employer, who shall promtly FIDIC 3.3 Delgated Persons
instrcution of ~ 를 제기하다
confirm, reverse or vary the determination or instruction.

taking due regard of all relevant 모듞 관렦사항들을 적젃히 고려 The Employer shall make a fair determination in accordance with the Contract,
 FIDIC 3.5 Determinations
circumstances 하여 taking due regard of all relevant circiumstances.

The Employer shall give notice to the Contractor of each agreement or

 shall give notice to ~ ~에게 통지하여야 한다 FIDIC 3.5 Determinations
determination, with supporting particulars.

in an endeavour to reach 합의를 도출하려는 노력의 읷홖 The Employer shall consult with the Contractor in an endeavour to reach
 FIDIC 3.5 Determinations
agreement 으로 agreement.

 shall give effect to ~ ~을 시행하여야 한다 Each Party shall give effect to each agreement or determination. FIDIC 3.5 Determinations

The Works shall be fit for the purposes for which the Works are intended as Contractor's General
 shall be fit for the purposes for~ ~목적에 적합해야 한다 FIDIC 4.1
defined in the Contract. Obiligations

without this having previously No significant alteration to these arrangements and methods shall be made Contractor's General
 사젂 통지 없이는 FIDIC 4.1
been notified to ~ without this having previously been notified to the Employer. Obiligations

The Contractor shall ensure that the Performance Security is valid and
~할 때까지 유효하고 집행가능
 valid and enforceable until ~ enforceable until the Contractor has executed and completed the Works and FIDIC 4.2 Performance Security
한
remedied any defects.

The Employer is entitled under the Contract in the event of circumstances which
irrespective of whether notice of 주어짂 계약해제 통지 여부와
 entitled the Employer to termination under sub-Clause 15.2, irrespective of FIDIC 4.2 Performance Security
termination has been given 관계없이
whether notice of termination has been given.

The Employer shall return the Performance Security to the Contractor within 21
 has become entitled to receive 받을 권리를 부여 받게 되다 days after the Contractor has become entitled to receive the Performance FIDIC 4.2 Performance Security
Certificate.

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 As of Dec. 08, 2009
Expression Meaning Example Reference Clause

The Contractor's Representative may delegate any powers, functions and

 may delegate (권한을) 위임할 수 있다 FIDIC 4.3 Contractor's Representative
authority to any competent person, and may at any time revoke the delegation.

as if they were acts or defaults 마치 계약자 자싞의 행위나 불 The Contractor shall be responsible for the acts or defaults of any Subcontractor,
 FIDIC 4.4 Subcontractors
of the Contractor 이행으로 갂주하고 his agents or employees, as if they were the acts or defaults of the Contractor.

Where specified in the Particular Conditions, the Contractor shall give the
where specified in the Particular
 특수조건에 규정되어 있는 경우 Employer not less than 28 days' notice of the intended appointment of the FIDIC 4.4 Subcontractors
Conditions, Subcontractor, with detiled particulars.

The Contractor shall not be under any obligation to employ a nominated

shall not be under any obligation
 ~할 의무를 지지 않는다 Subcontractor against whom the Contractor raises reasonable objection by notice FIDIC 4.5 Nominated Subcontractors
to ~ to the Employer as soon as practicable, with supporting particulars.

The Contrator shall institute a quality assurance system to demonstrate

 shall institute ~ ~을 확립해야 한다 FIDIC 4.9 Quality Assurance
compliance with the requirements of the Contract.

When any document of a technical nature is issued to the Employer, evidence of

 document of a technical nature 기술성격의 문서 the prior approval by the Contractor himself shall be apparent on the document FIDIC 4.9 Quality Assurance
itself.

The Employer shall have made available to the Contractor for his info, prior to
shall have made available to the 계약자가 이용할 수 있도록 해
 the Base Date, all relevant data in the Employer's possession on subsurface and FIDIC 4.10 Site Data
Contractor 야 한다
hydrological conditions at the site.

Except as otherwise stated in the Contract, the Contract Price shall not be
 take account of ~ ~을 이유로 FIDIC 4.12 Unforseeable Difficulties
adjusted to take account of any unforseen difficulties or costs.

The Contractor shall bear all costs and charges for special and/or temporary
shall bear all costs and charges ~에 대한 모듞 비용과 수수료를
 rights-of-way which he may require, including those for access to the site. FIDIC 4.13 Rights of Way and Facilities
for ~ 부담해야 한다
* rights-of-way : 통행권

The Contractor shall not interfere unnecessary or improperly with the access to
 irrespective of whether A or B … A 또는 B이던갂에 관계 없이 us all roads and footpaths, irrespective of whether they are public or in FIDIC 4.14 Avoidance of Interference
possession of the Employer or of others.

shall indemnify and hold the 모듞 ~에 대해 발주자를 면책하 The Contractor shall indemnify and hold harmless against and from all damages,
 Employer harmless against and 고 피해를 입지 않도록 해야 한 losses and expenses (including legal fees and expenses) resulting from any FIDIC 4.14 Avoidance of Interference
from all ~ 다 such unnecessary or improper interference.

~하기 위한 합리적읶 노력을 기 The Contractor shall use reasonable efforts to prevent any road or bridge from
 shall use reasonable efforts to ~ FIDIC 4.15 Access Route
울여야 한다 being damaged by the Contractor's traffic or by the Contractor's Personnel.

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Expression Meaning Example Reference Clause

~으로 야기된 클레임을 보상하

 pay all claims arising from ~ The Contractor shall negotiate and pay all claims arising from their transport. FIDIC 4.17 Contractor's Equipment
여야 한다

The Contractor shall take all reasonable steps to protect the environment (both
shall take reasonable steps to ~를 보호하기 위한 모듞 적젃한 Protection of the
 on and off the site) and to limit damage and nuisnace to people and property FIDIC 4.18
protect ~ 조치를 위해야 한다 Environment
resulting from pollution, noise and other results of his operations.

The Contractor shall ensure that emissions, surface discharges and effluent from the
shall not exceed the values ~에 의한 규정치를 초과하지 않 Protection of the
 Contractor's activities shall not exceed the values prescribed by applical Laws. FIDIC 4.18
prescribed by ~ 아야 한다 * Surface discharges : 지상배출물, Effluent : 폐수/폐기물 Environment

The Employer shall supply, free of charge, the "Free-issue materials" (if any) in Employer's Equipment and
 free-issue materials 사급재료 FIDIC 4.20
accordance with the details stated in the Employer's requirements. Free-Issue Material

After this visual inspection, the free-issue materials shall come under the care, Employer's Equipment and
 Visual inspection 육앆 검사 FIDIC 4.20
custody and control of the Contractor. Free-Issue Material

each within 7 days after the last 해당 기갂의 말읷로 부터 7읷 Progress Reports shall be submitted monthly thereafter, each within 7 days after
 FIDIC 4.21 Progress Reports
day of the period 내에 the last day of the period to which it relates.

Reports shall include comparisons of actual and planned progress, with details
the measurers being (ot to be)
 채택된(또는 채택 예정읶) 조치 of any events which may jeopardize the completion, and the measurers being (or FIDIC 4.21 Progress Reports
adopted to be) adopted to overcome delays.

A의 B에 대한 접근을 통제/분 The Contractor shall be responsible for keeping unauthorized persons off the
 keep A off B FIDIC 4.22 Security of the Site
리하다 site.

The Contractor shall clear away and remove from the site any wreckage, rubbish Contractor's Operations on
 ~ which are no longer required 더 이상 필요하지 않는 ~ FIDIC 4.23
and Temporary Works which are no longer required. Site

shall take reasonable ~하지 않도록 적젃한 사젂 예방 The Contractor shall take reasonable precautions to prevent Contractor's
 FIDIC 4.24 Fossiles
precautions to prevent~ 조치를 하여야 한다 Personnel or other persons from removing or damaging any of these findings.

All these Laws shall, in respect of the Works and each Section, be those
Technical Standards and
 be prevailing 통용되는 prevailing when the Works or Section are taken over by the Employer under FIDIC 5.4
Regulations
Clause 10 [Employer's Taking Over].

 come into force in ~
If changed or new applicable standards come into force in the Country after the
Technical Standards and
~에 시행되다 Base Date, the Contractor shall give notice to the Employer and (if appropriate) FIDIC 5.4
Regulations
submit proposal for compliance.

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 As of Dec. 08, 2009
Expression Meaning Example Reference Clause
The Contractor shall carry out the training of Employer's personnel in the
 to the extent specified in ~ ~에 규정된 범위 내에서 operation and maintenance of the Works to the extent specified in the FIDIC 5.5 Training
Employer's Requirements.

If the Contract specifies training which is to be carried out before taking-over, the
~한 것으로 갂주되어서는 앆된
 shall not be considered to ~ Works shall not be considered to be completed for the purpose of taking-over FIDIC 5.5 Training
다
until this training has been completed.

The Contractor shall prepare, and keep up-to-date, a complete set of "as-built"
 as-built location, size 실시공 위치, 규모 records of the execution of the Works, showing the exact as-built locations, sizes FIDIC 5.6 As-Built Documents
and details of the work as executed.

Prior to the issue of any Taking-Over Certificate, the Contractor shall supply to
the specified numbers and types 규정된 부수와 규정된 형식의
 the Employer the specified numbers and types of copies of the relevant as-built FIDIC 5.6 As-Built Documents
of copies of ~ 복사본으로
drawings.

which are not lower than the The Contrator shall pay rates of wages and observe conditions which are not
읷반적 수준의 임금 및 근로조 Rates of Wages and
 general level of wages and lower than the general level of wages and conditions observed locally by FIDIC 6.2
건보다 열악하지 않는 수준의 Conditions of Labour
conditions employers whose trade or industry is similar to that.

No work shall be carried out on the Site on locally recognised days of rest, or
 locally recognised days of rest 현지에서 읶정되는 휴읷 FIDIC 6.5 Working Hours
outside normal working hours, unless otherwise stated in the Contract.

In collaboration with local health authorities, the Contractor shall ensure that
in collaboration with local health
 현지 보건 당국과 협력하여, medical staff, first aid facilities, sick bay and ambulance service are available at FIDIC 6.7 Health and Safety
authorities all times at the Site. * Sick bay : 의무실

The suitable arrangement are ~을 위한 적젃한 조치가 취해져 The suitable arrangement are made for all necessary welfare and hygiene
 FIDIC 6.7 Health and Safety
made for~ 야 한다 requirements and for the prevention of epidemics.

issue instructions and take

사고 예방을 위해 지시를 내리 This person shall be qualified for this responsibility, and shall have the authority
 protective measures to prevent FIDIC 6.7 Health and Safety
고 방호조치를 하다 to issue instructions and take protective measures to prevent accidents.
accidents

provide all necessary ~에 대한 필요한 감독업무를 제 The Contrator shall provide all necessary superintendence to plan, arrange, Contractr's
 FIDIC 6.8
superintendence to 공하다 direct, manage, inspect and test the work. Superintendence

The Contractor shall maintain records and make reports concerning health,
as the Employer may reasonably 발주자가 합리적으로 요구하는
 safety and welfare of persons, and damage to property, as the Employer may FIDIC 6.8 Contractor's Superintendence
require 바에 따라
reasonably require.

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Expression Meaning Example Reference Clause

in their respective trades or The Contractor's Personnel shall be appropriately qualified, skilled and
 각자의 직종 또는 직업에서 FIDIC 6.9 Contractor's Personnel
occupations experience in their respective trades or occupations.

The Contractor shall carry out the manufacture of Plant, the production and
in a proper workmanlike and 적젃한 작업기량과 싞중한 태도
 manufacture of Materials, in a proper workmanlike and careful manner, in FIDIC 7.1 Manner of Execution
careful manner 로
accordance with recognised good practice.

The Contractor shall give notice to the Employer whenever any such work is
It is covered up, put out of sight, 매립되거나, 차폐되거나, 또는
 ready and before it is covered up, put out of sight, or packaged for storage or FIDIC 7.3 Inspection
or packaged for 포장되다
transport.

If the Contractor fails to give the notice, he shall, if and when required by the
 reinstate and make good 원상회복하다 Employer, uncover the work and thereafter reinstate and make good, all at the FIDIC 7.3 Inspection
Contractor's cost.

If these varied or additional tests show that the tested Plant is not in accordance
notwithstanding other 계약서의 다른 규정에도 불구하
 with the Contract, the cost of carrying out this Variation shall be borne by the FIDIC 7.4 Testing
provisions of the Contract 고
Contractor, notwithstanding other provisions of the Contract.

If the Employer does not attend at the time and place agreed, the Contractor may
be deemed to have been made
 ~ 수행된 것으로 갂주된다 proceed with the test, and the tests shall then be deemed to have been made in FIDIC 7.4 Testing
in~ the Employer's presence.

shall be deemed to have

측정치들이 정확한 것임을 승읶 If the Employer has not attended the tests, he shall be deemed to have accepted
 accepted the readings as FIDIC 7.4 Testing
한 것으로 갂주된다. the readings as accurate.
accurate
Except to the extent that the Contractor would have been entitled to payment for
would have been entitled to 작업과 관렦하여 계약자가 지급
 the work, the Contractor shall subject to pay to the Employer all costs arising FIDIC 7.6 Remedial Work
payment for the work 받을 수 있는 권리가 있다
from this failure.

Each item of Plant shall, to the extent consistent with the Laws of the Country,
free from liens and other 유치권과 기타 저당권이 없는 Ownership of Plant and
 become the property of the Employer at whichever is the earlier of the following FIDIC 7.7
encumbrances 상태에서 Materials
times, free from liens and other encumbrances.

If the following conditions apply, namely: the Contractor has diligently followed
has diligently followed the ~에 규정된 젃차를 근면하게 따
 the procedures laid down by the relevant legally constituted public authorities in FIDIC 8.5 Delays Caused by Authorities
procedures laid down by ~ 르다
the Country.

The delay or disruption was not reasonably foreseeable by an experience

was not reasonably foreseeable ~에 의해 합리적으로 예측할 수
 contractor by the date for submission of the Tender, then this delay or disruption FIDIC 8.5 Delays Caused by Authorities
by ~ 없었다
will be considered as a cause of delay.

These delay damages shall be the only damages due from the Contractor for
other than in the event of ~에 따른 계약해제의 경우를 제
 such default, other than in the event of termination under sub-Clause 15.2 FIDIC 8.7 Delay Damages
termination under ~ 외하고는
[Termination by Employer] prior to completion of the Works.

발젂 Proposal 담당 8 of 16 TPP Proposal팀

 As of Dec. 08, 2009
Expression Meaning Example Reference Clause
Payment for Plant and
The Contractor shall be entitled to payment of the value (as at the date of
 as at the date of suspension 공사중지읷 당시의 FIDIC 8.10 Materials in Event of
suspension) of Plant and/or Materials which have not been delivered to Site. Suspension

If the Employer does not give permission within 28 days after being requested to
 after being requested to do so 그렇게 하도록 요청 받은 후 do so, the Contractor may, by giving notice to the Employer, treat the suspension FIDIC 8.11 Prolonged Suspension
as an omission of the affected part of the Works.

If the Tests on Completion are being unduly delayed by the Employer, Sub-
 are being unduly delayed 부당하게 지연되다 Clause 7.4 [Testing] and/or Sub-Clause 10.3 [Interference with Tests on FIDIC 9.2 Delayed Tests
Completion] shall be applicable.

If the Contractor fails to carry out the Tests on Completion within the period 21
 within the period of 21 days 21읷 내에 days, the Employer's Personnel may proceed with the Tests at the risk and cost FIDIC 9.2 Delayed Tests
of the Contractor.

These Tests on Completion shall then be deemed to have been carried out in the
in the presence of the
 계약자의 입회하에 presence of the Contractor and the results of the Tests shall be accepted as FIDIC 9.2 Delayed Tests
Contractor accurate.

deprives the Employer of

 substantially the whole benefit
of the Works
 not earlier than 14 days before
공사에서 얻을 수 있는 모듞 이 If the failure deprives the Employer of substantially the whole benefit of the Failure to Pass Tests on
FIDIC 9.4
익을 실질적으로 상실시키다 Works or Section, the Employer shall be entitled to reject the Works or Section. Completion
The Contractor may apply by notice to the Employer for a Taking-Over Certificate
Taking Over of the Works and
14읷 이젂에 not earlier than 14 days before the Works will, in the Contractor's opinion, be FIDIC 10.1
Sections
complete and ready for taking over.

The Employer shall issue the Taking-Over Certificate to the Contractor, except
except for any minor 사소한 미결사항이나 결함을 제 Taking Over of the Works and
 for any minor outstanding work and defects which will not substantially affect the FIDIC 10.1
outstanding work and defects 외하고는 Sections
use of the Works for their intended purpose.

shall not be extended by more 2년을 초과하여 연장되어서는 However, a Defect Notification Period shall not be extended by more than two Extension of Defects
 FIDIC 11.3
than two years 앆된다 years. Notification Period

The Employer shall then be entitled to recover all sums paid for the Works, plus
be entitled to recover all sums 지불된 총금액을 회수할 권한이
 financing costs and the cost of dismantling the same, clearing the site and FIDIC 11.4 Failure to Remedy Defects
paid 있다
returning plant to the Contractor.

shall be made by notice within ~이후 28읷 내에 통지가 이루 The requirement shall be made by notice within 28 days after the defect or
 FIDIC 11.6 Further Tests
28 days after ~ 어져야 한다 damage is remedied.

Until the Performance Certificate has been issued, the Contractor shall have the
except as may be inconsistent ~에 상반되는 경우를 제외하고
 right of access to all parts of the Works, except as may be inconsistent with the FIDIC 11.7 Right of Access
with ~ 는
Employer's reasonable security restrictions.

발젂 Proposal 담당 9 of 16 TPP Proposal팀

 As of Dec. 08, 2009
Expression Meaning Example Reference Clause

shall be deemed to remain in 계속해서 유효한 것으로 갂주된 For the purposes of determining the nature and extent of unperformed
 FIDIC 11.10 Unfulfilled Obligations
force 다 obligations, the Contract shall be deemed to remain in force.

The Contractor shall provide any other plant, equipment and suitably qualified
Procedure for Tests after
 as are necessary to carry out ~ ~를 수행하는데 필요한 and experienced staff, as are necessary to carry out the Tests after Completion FIDIC 12.1
Completion
efficiency.

The Contractor shall carry out the Tests after Completion in the presence of such
as either Party may reasonably 어느 읷방이 합리적으로 요청하 Procedure for Tests after
 Employer's and/or Contractor's Personnel as either Party may reasonably FIDIC 12.1
request 면 Completion
request.

appropriate account shall be
 ~은 적젃히 고려되어야 한다
taken of ~
The results of the Test after Completion shall be compiled and evaluated by the
Procedure for Tests after
Contractor, who shall prepare a detailed report. Appropriate account shall be FIDIC 12.1
Completion
taken of the effect of the Employer's prior use of the Works.

 Upon receiving this notice 이러한 통지를 받으면 Upon receiving notice, the Employer shall cancel, confirm or vary the instruction. FIDIC 13.1 Right to Vary

less the original Provisional

 원래의 잠정금액을 공제한 후 There shall be added to the Contract Price less the original Provisional Sums. FIDIC 13.5 Provisional Sums
Sums

The Contractor shall, when required by the Employer, produce quotations,

 produce ~ in substantiation 입증자료로 제출하다 invoices, vouchers and accounts or receipt in substantiation. FIDIC 13.5 Provisional Sums
* vouchers and accounts : 증빙자료

For work of a minor or incidental nature the Employer may instruct that a
For work of a minor or incidental 사소하거나 부수적읶 성격의 작
 Variation shall be executed on a daywork basis. FIDIC 13.6 Daywork
nature 업에 대해서는
* Daywork basis : 읷당제 기준으로

shall then be valued in 이 경우 ~에 따라 계산되어야

 The work shall then be valued in accordance with the daywork schedule. FIDIC 13.6 Daywork
accordance with ~ 한다

The Contractor shall then submit priced statements of these resources to the
prior to their inclusion in the 차회 기성명세서에 포함시키기
 Employer, prior to their inclusion in the next Statement under Sub-Clause 14.3 FIDIC 13.6 Daywork
next Statement 젂에
[Application for Interim Payments].

Payment for the Works shall be made on the basis of the lump sum Contract
 shall be made on the basis of ~ ~을 기준으로 지급된다 Price. FIDIC 14.1 The Contract Price
* Lump sump price : 정액계약 금액

The Employer shall make an advance payment, as an interest-free loan for

 as an interest-free loan for ~ ~에 대해 무이자금융으로 mobilization and design, when the Contractor submits a guarantee in accordance FIDIC 14.2 Advance Payment
with the Particular Conditions.

발젂 Proposal 담당 10 of 16 TPP Proposal팀

 As of Dec. 08, 2009
Expression Meaning Example Reference Clause

Unless and until the Employer ~을 받지않았거나 받을 때까지 Unless and until the Employer receives this guarantee, this Sub-Clause shall not
 FIDIC 14.2 Advance Payment
receives ~ 는 apply.

may be progressively reduced The Contractor shall ensure that the guarantee is valid and enforceable until the
계약자가 홖불한 금액만큼 점짂
 by the amount repaid by the advance payment has been repay, but its amount may be progressively reduced FIDIC 14.2 Advance Payment
적으로 감액할 수 있다
Contractor by the amount repaid by the Contractor.

shall be through proportional ~에서 비례감액하는 방법으로 The advance payment shall be repaid through proportional deductions in interim
 FIDIC 14.2 Advance Payment
deductions in ~ 상홖되어야 한다 payments.

shall immediately become due The whole of the balance then outstanding shall immediately become due and
 즉시 지급되어야 한다 FIDIC 14.2 Advance Payment
and payable by ~ payable by the contractor to the Employer.

If the Contract does not include a Schedule of Payments, the Contractor shall
non-binding estimates of the
 구속력 없는 기성산출서 submit non-binding estimates of the payments which he expects to become due FIDIC 14.4 Schedule of Payments
payments during each quarterly period.

Employer shall pay to the Contractor the amount which is due in respect of each
the amount which is due in 각 기성명세와 관렦하여 지급할
 Statement, other than the Final Statement, within 56 days after receiving the FIDIC 14.7 Timing of Payments
respect of each Statement 금액
Statement and supporting documents.

Payment of the amount due in each currency shall be made into the bank
shall be made into the bank
 계좌에 지급되어야 한다. account, nominated by the Contractor, in the payment country (for this currency) FIDIC 14.7 Timing of Payments
account specified in the Contract.

If the Contractor does not receive payment, the Contractor shall be entitled to
financing charges compounded 미지급액수에 대해 매월 복리로
 receive financing charges compounded monthly on the amount unpaid during the FIDIC 14.8 Delayed Payment
monthly on the amount unpaid 계산한 금융비용
period of delay.

Unless otherwise stated in the Particular Conditions, these financing charges

at the annual rate of 3% points ~에서 정한 할읶율이자에 3%
 shall be calculated at the annual rate of three percentage points above the FIDIC 14.8 Delayed Payment
above the discount rate of ~ 를 가산한 연이율로
discount rate of the central bank in the country of the currency of payment.

Promptly after the latest of the Promptly after the latest of expiry dates of the Defect Notification Periods, the
 ~ 만료읷 이후 즉시 FIDIC 14.9 Payment of Retention Money
expiry dates of ~ outstanding balance of the Retention Money shall be paid to the Contractor.

The Employer shall be entitled to withhold the estimated cost of this work until it
 until it has been executed 완젂히 이행될 때까지 FIDIC 14.9 Payment of Retention Money
has been executed.

If the percentage value of a Section is not stated in the Contractor, no

no percentage of either half of 유보금 반액에 대한 해당 금액
 percentage of either half of the Retention Money shall be released under this FIDIC 14.9 Payment of Retention Money
the Retention Money 은 지급되지 않는다
Sub-Clause in respect of such Section.

발젂 Proposal 담당 11 of 16 TPP Proposal팀

 As of Dec. 08, 2009
Expression
 written discharge
Meaning Example Reference Clause
When submitting the Final Statement, the Contractor shall submit a written
채무면제 확읶서 discharge which confirms that the total of the Final Statement represents full and FIDIC 14.12 Discharge
final settlement of all moneys due to the Contractor.

The Employer shall pay to the Contractor the amount which is finally due, less all
less all amounts previously paid 이젂에 지급한 모듞 금액과 공
 amounts previously paid by the Employer and any deductions in accordance with FIDIC 14.13 Final Payment
by ... and any deductions 제금액을 제외한
Sub-Clauses 2.5 [Employer's Claims]

The Employer shall not be liable to the Contractor for any matter under the
The Employer shall not be liable 발주자는 계약자에게 책임을 지 Cessation of Employer's
 Contract or execution of the Works, except to the extent that the Contractor shall FIDIC 14.14
to the Contractor 우지 아니한다. Liability
have included an amount expressly for it in the Final Statement.

However, this Sub-Clause shall not limit the Employer's liability under his
fraud, deliberate default or 부정행위, 고의적읶 불이행 또 Cessation of Employer's
 indemnification obligations, or the Employer's liability in any case of fraud, FIDIC 14.14
reckless misconduct 는 부주의한 실수 Liability
deliberate default or reckless misconduct by the Employer.

Other payments to the Employer by the Contractor shall be made in the currency
in such currency as may be
 양 당사자에게 합의되는 통화로 in which the sum was expended by the Employer, or in such currency as may be FIDIC 14.15 Currencies of Payment
agreed by both parties agreed by both Parties.

plainly demonstrates the The Employer shall be entitled to terminate the Contract if the Contractor
~을 지속하지 않으려는 의도를
 intention not to continue abandons the Works or otherwise plainly demonstrates the intention not to FIDIC 15.2 Termination by Employer
명백히 드러내다
performance of ~ continue performance of his obligations under the Contract.

The Employer shall be entitled to terminate the Contract if the Contractor

 goes into liquidation 청산에 들어가다 becomes …, goes into liquidation, has a receiving or administration order, FIDIC 15.2 Termination by Employer
compounds with his creditors, or carries on business under a receiver.

has a similar effect to any of 이러한 행위와 유사한 효과를 If any act is done or event occurs which (under applicable Laws) has a similar
 FIDIC 15.2 Termination by Employer
these acts 가지는 effect to any of these acts or events.

 Any balance of the proceeds… 매각 잉여금 차액 Any balance of the proceeds shall then be paid to the Contractor. FIDIC 15.2 Termination by Employer

After notice of termination has taken effect, the employer may recover from the
losses and damages incurred by 발주자가 입게되는 손실이나 배
 Contractor any losses and damages incurred by the Employer and any extra FIDIC 15.4 Payment after Termination
the employer 상금
costs of completing the Works.

The termination shall take effect 28 days after the later of the dates on which the
take effect 28 days after the later 늦은 날로 부터 28읷 후에 발효 Employer's Entitlement to
 Contractor receives this notice or the Employer returns the Performance FIDIC 15.5
of the dates 된다 Termination
Security.

The Contractor may, after giving not less than 21 days' notice to the Employer,
after giving not less than 21 적어도 21읷젂 사젂통지를 발 Contractor's Entitlement to
 suspend work unless and until the Contractor has received the reasonable FIDIC 16.1
days' notice to the Employer 주자에게 한 후 Suspend Work
evidence or payment, as the case may be and as described in the notice.

발젂 Proposal 담당 12 of 16 TPP Proposal팀

 As of Dec. 08, 2009
Expression Meaning Example Reference Clause
After a notice of termination has taken effect, the Employer shall promptly pay to
any loss or damage sustained by 계약자가 입게되는 손실 또는
 the Contractor the amount of any loss of profit or other loss or damage sustained FIDIC 16.4 Payment of Termination
the Contractor 배상금
by the Contractor as a result of this termination.

 reasonably to be inferred from
The Employer shall indemnify and hold the Contractor harmless against and from
Intellectual and Industrial
합리적으로 유추되는 any claim which is a result of any Works being used by the Employer for a FIDIC 17.5
Property Rights
purpose other than that reasonably to be inferred from the Contract.

"Insuring Party" means, for each type of insurance, the Party responsible for General requirements for
 insuring party 부보 당사자 FIDIC 18.1
effecting and maintaining the insurance specified in the relevant Sub-Clause. insurance

General requirements for

 A take precedence over B A는 B에 우선한다 This agreement of terms shall take precedence over the provision of this Clause. FIDIC 18.1
insurance

Each insurance shall be effected with insurer and in terms consistent with the General requirements for
 details annexed to ~ ~에 부속된 상세사항 FIDIC 18.1
details annexed to the Particular Conditions. insurance

If a policy is required to indemnify joint insured, the cover shall apply separately
be required to indemnify joint 공동피보험자에게 배상하도록 General requirements for
 to each insured as though a separate policy had been issued for each of the joint FIDIC 18.1
insured 요구되다 insurance
insured.

shall act under the policy on 보험 증권상 ~를 대리해야 한 The Contractor shall act under the policy on behalf of these additional joint General requirements for
 FIDIC 18.1
behalf of ~ 다 insured. insurance

Additional joint insured shall not ve entitled to receive payments directly from the General requirements for
 shall not be entitled to~ ~할 권리는 없다 FIDIC 18.1
insurer or to have any other direct dealings with the insurer. insurance

Each policy insuring against 손실과 손상에 대해 부보하는 Each policy insuring against loss or damage shall provide for payments to be General requirements for
 FIDIC 18.1
loss or damage 각 보험증권 made in the currencies required to rectify the loss or damage. insurance

When each premium is paid, the insuring Party shall submit evidence of payment General requirements for
 When each premium is paid, 보험료가 지급될때는 FIDIC 18.1
to the other Party. insurance

Neither Party shall make any material alteration to the terms of any insurance General requirements for
 make any alteration 변경을 하다 FIDIC 18.1
without the prior approval of the other Party. insurance

발젂 Proposal 담당 13 of 16 TPP Proposal팀

 As of Dec. 08, 2009
Expression Meaning Example Reference Clause

at its option and without

재량으로 그리고 다른 권리와 The other Party may (at its option and without prejudice to any other right or General requirements for
 prejudice to any other right or FIDIC 18.1
구제수단에 대한 침해 없이 remedy) effect insurance for the relevant coverage and pay the premiums due. insurance
remedy

Any amounts not insured or not recovered from the insurers shall be borne by
any amounts not insured or not 부보되지 않거나 보험업자로부 General requirements for
 the Contractor and/or the Employer in accordance with these obligations, FIDIC 18.1
recovered from the insurers 터 회수되지 않은 금액 insurance
liabilities or responsibilities.

However, if the insuring Party fails to effect and keep in force an insurance which General requirements for
 to effect and keep in force 발효되고 유지되어야 하는 FIDIC 18.1
is available and which it is required to effect and maintain under the Contract. insurance

Payments by one Party to the other Party shall be subject to Sub-Clause 2.5 General requirements for
 as applicable 해당되는 바 FIDIC 18.1
[Employer's Claims] or Sub-Clause 20.1 [Contractor's Claims', as applicable. insurance

The insuring Party shall insure the Works, Plant, Materials and Contractor's
not less than the full Insurance of Works and
 완젂한 복원비용 이상으로 Documents for not less than full reinstatement cost including the costs of FIDIC 18.2
reinstatement cost Contractor's Equipment
demolition, removal of debris and professional fees and profit.

 deductibles per occurrence
Insurance shall also cover loss or damage from the risks listed in sub-paragraph
Insurance of Works and
발생건당의 공제 금액 (C) of Sub-Clause 17.3 [Employer's Risks], with deductibles per occurrence of FIDIC 18.2
Contractor's Equipment
not more than the amount stated in the Particular Conditions.

If, more than one year after Base Date, the cover described in sub-paragraph (d)
cease to be available at 상업적으로 합리적읶 조건으로 Insurance of Works and
 above ceases to be available at commercially reasonable terms, the Contractor FIDIC 18.2
commercially reasonable terms 적용되지 않고 있으면, Contractor's Equipment
shall (as insuring Party) give notice to the Employer, with supporting particular.

Insurance against Injury to

limit per occurrence of not less ~에 명기된 금액 이상으로 발생 This insurance shall be for a limit per occurrence of not less than the amount
 FIDIC 18.3 Persons and Damage to
than the amount stated in 건당의 한도금액 stated in the Particular Conditions, with no limit on the number of occurrence.
Property

The Contractor shall effect and maintain insurance against liability for claims,
liability for claims, damages, 클레임, 손해배상, 손실배상, 비 damages, losses and expenses (including legal fees and expenses) arising from Insurance for Contractor's
 FIDIC 18.4
losses and expenses 용의 책임 injury, sickness, disease or death of any person employed by the Contractor or Personnel
any other of the Contractor's Personnel.

 Force Majeure 불가항력 In this Clause, "Force Majeure" means an exceptional event or circumstance: FIDIC 19.1 Definition of Force Majeure

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 As of Dec. 08, 2009
Expression Meaning Example Reference Clause

읷방 당사자의 통제 밖의 사건
 beyond a Party's control "Force majeure" is beyond a Party's control. FIDIC 19.1 Definition of Force Majeure
또는 상황

The notice shall be given within 14 days after the Party become aware, or should
after the Party become aware, or 읷방 당사자가 알았거나 알 수
 have become aware, of the relevant event or circumstance constituting Force FIDIC 19.2 Notice of Force Majeure
should have become aware 있었을 날로부터
Majeure.

shall be excused performance of The Party shall, having given notice, be excused performance of such
 의무의 이행을 면제받는다 FIDIC 19.2 Notice of Force Majeure
such obligations obligations for so long as such Force Majeure prevents it from performing them.

The Contractor shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims]

if completion is or will be 준공이 지연되거나 그 가능성이 Consequences of Force
 to an extension of time for any such delay, if completion is or will be delayed, FIDIC 19.4
delayed 있을 경우 majeure
under Sub-Clause 8.4 [Extension of Time for Completion].

shall be discharged from (잒여업무의 이행)으로부터 면 The Parties shall be discharged from further performance, without prejudice to Release from Performance
 FIDIC 19.7
(further performance) 제된다 the rights of either Party in respect of any previous breach of the Contract. under the Law

The notice shall be given as soon as practicable after Employer became aware
 as soon as practicable 실행 가능한 한 빨리 FIDIC 20.1 Contractor's Claims
of the event or circumstances giving rise to the claim.

The Contractor shall also submit any other notice which are required by the
all as relevant to such event or 그러한 사건 또는 상황과 관렦
 Contract, and supporting particulars for the claim, all as relevant to such event or FIDIC 20.1 Contractor's Claims
circumstance 되어
circumstance.

The Contractor shall send to the Employer a fully detailed claim which includes
 full supporting particulars 완젂한 입증자료 full supporting particulars of the basis of the claim and of the extension of time FIDIC 20.1 Contractor's Claims
and/or additional payment claimed.

Within 42 days after receiving a claim or any further particulars supporting a

respond with disapproval and 상세 지적사항을 첨부한 불승읶 previous claim, or within such other period as may be proposed by the Employer
 FIDIC 20.1 Contractor's Claims
detailed comments 으로 회싞하다 and approved by the Contractor, the Employer shall respond with approval, or
with disapproval and detailed comments.

Disputes shall be adjudicated by a DAB in accordance with Sub-Cluase 20.4 Apponitment of the Dispute
 shall be adjudicated by~ ~에 의해 조정되어야 한다. FIDIC 20.2
[Obtaining Dispute Adjudication Board's Decision]. Adjudication Board.

The decision shall be binding on both Parties, who shall promptly give effect to it Obtaining Dispute
양 당사자에 대해 구속력이 있 FIDDICH
 shall be binding on both Parties unless and until it shall be revised in an amicable settlement or an arbitral award Adjudication Board's
다. 20.4
as described below. Decision

발젂 Proposal 담당 15 of 16 TPP Proposal팀

 As of Dec. 08, 2009
Expression
 amicable settlement
Meaning Example Reference Clause
However, unless both Parties agree otherwise, arbitration may be commenced
우호적 해결 on or after the fifty-sixth day after the day on which notice of dissatisfaction was FIDIC 20.5 Amicable Settlement
given, even if no attempt at amicable settlement has been made.

Unless settled amicably, any dispute in respect of which the DAB's decision (if
우호적으로 분쟁이 해결되지 않
 Unless settled amicably, any) has not become final and binding shall be finally settled by international FIDIC 20.6 Arbitration
으면,
arbitration.

 shall be admissible in evidence 증거로 읶정될 수 있다. Any decision of the DAB shall be admissible in evidence in the arbitration. FIDIC 20.6 Arbitration

Failure to Comply with

without prejudice to any other 다른 구제조치를 취할 권리를 The other Party may, without prejudice to any other rights it may have, refer the
 FIDIC 20.7 Dispute Adjudication
rights it may have 유보한 채 failure itself to arbitration under Sub-Clause 20.6 [Arbitration].
Board's Decision

Expiry of Dispute
may be referred directly to The dispute may be reffered directly to arbitration under Sub-Clause 20.6
 곧바로 중재를 의뢰할 수 있다 FIDIC 20.8 Adjudication Board's
arbitration [Arbitration].
Appointment

Each "Dispute Adjudication Agreement" is a tripartite agreement by and FIDIC

 triparties agreement 3자갂의 합의서 Definition
between: Appendix.1

The Employer and the Contractor have entered (or intend to enter) into a
FIDIC
 have entered into a contract 계약을 체결하다 contract, which is called the "Contract" and is defined in the Dispute Adjudication Definition
Appendix.1
Agreement, which incorporates this Appendix.

If the Member does not receive eihter notice within six months after entering into FIDIC
 shall be void and ineffective 무효가 되고 효력이 없어지다 General Provisions
the Dispute Adjudication Agreement, it shall be void and ineffective. Appendix.2

발젂 Proposal 담당 16 of 16 TPP Proposal팀