• Title/Summary/Keyword: 계약연구

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A Study on the Legal Relationship between the Copyright and the Contract for Digital Resources (디지털 자원에 대한 저작권과 계약간의 충돌관계 및 이에 대한 대응방안 연구)

  • Hwang, Ok-Gyung;Lee, Du-Yeong
    • Journal of the Korean Society for information Management
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    • v.21 no.3
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    • pp.125-139
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    • 2004
  • In this digital environment, license contracting and technical protection measure are being used by copyright holders as a means to restrict the rights of information users. The study reviewed the conflicting relationship between the copyright law and the contract law for digital resources the use of which is based on license contracting, and investigated the legal interpretations of the conflicting relationship between the two. And then based on the analysis of IF LA's position on copyright in the digital environment, the study suggested the expected role of librarians to cope with the technological overrides of copyright rules and to expand the rights of information users.

The efficiency on the formation of electronic contracts for the sale of goods by on-line (온라인방식에 의한 전자무역계약성립의 유효성)

  • Han, Sang-Hyun
    • The Journal of Information Technology
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    • v.7 no.3
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    • pp.83-98
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    • 2004
  • What may be a problem, however, is determining the application to electronic methods of the various rules which the courts have developed for dealing with the consequence of different methods of communicating offers and acceptances. However, it was doubtful that in the law electronic documents may make part of the traditional documents based on paper. The purpose of this thesis, thus is to examine the effectiveness of electronic methods as a means of forming contracts and the some legal problems. Accordingly, The thesis is basically divided into two part. Part one considers a contract for trade is made how, when and where through compare with traditional contracts law and electronic methods. Part two considers and explores the efficiency on the formation of electronic contracts for the sale of goods by On-line.

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Study of the Decision Factors of Franchise Member Agreement - Based on the Written Disclosure of Information - (프랜차이즈 계약 결정요인에 관한 연구 - 정보공개서를 바탕으로 -)

  • Woo, Dae-Il;Lee, Chang-Ju;Yu, Jong-Pil
    • The Korean Journal of Franchise Management
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    • v.5 no.1
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    • pp.143-160
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    • 2014
  • This study focuses that the business starters can refer to this study, select better franchise headquarter and make the franchise member agreement. The most concerned part for the people who want to open franchise shop is what brand is reliable and safe to them. I have analyzed disclosure report that contains overall information of franchise headquarters and researched 300 franchise shops as sample. I drew the conclusion of the decision factors of franchise member agreement, overlooked demographical status by frequency analysis with SPSS 18.0 and performed disperse analysis to examine the decision factors of franchise member agreement and the difference between sex, service type, shop size and income level. In conclusion, the most concerned factor for the franchise agreement is sales management. Sex, shop size and income level are not meaningful factors, but the cost and training management factors are considered differently based on the service type. I hope 1) this study can be utilized for the franchise business starters judge and refer information level provided by the headquarters and make a successful franchise shop business. 2) this study can make solid relationship between franchise members and present a long term vision to them. Finally, this study can be a foundation to promote franchise field through making and supplementing the law of promoting proficient and good franchise headquarters and fairness of franchise transaction and franchise encouragement.

Contract Farming of Raw Cabbage for Making Kimchi, Led by Local Traders of Agricultural Produce, and Changes Brought to the Agriculture of the Contract Area (산지유통인이 주도하는 김치제조용 원료배추의 계약생산과 계약지역의 농업 변화)

  • Seoyoen Kim;Youngjin Jang
    • Journal of the Economic Geographical Society of Korea
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    • v.27 no.1
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    • pp.1-17
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    • 2024
  • The purpose of this study is to identify the role of each party in relation to the contract farming of cabbage which is taking place under the contract between the local trader of agricultural produce that supplies raw cabbage to company "D," a manufacturer of kimchi, and the cabbage farm where the cabbage is grown, and to describe the changes brought by the contract farming to the agriculture of the contract area. As a result of the study, it was discovered that, while the farming of cabbage in the contract area used to be led by farmers, it is now increasingly being controlled by the local traders of agricultural produce. First, as the key player in the decision-making related to the cabbage farming in the main cabbage producing areas, local traders of agricultural produce are replacing the role of farmers by supervising the entire production process and controlling the overall cabbage farming in the contract area. Second, in the main cabbage producing areas, local traders of agricultural produce are becoming a key farming entity by carrying out functions that are comparable to those of farmers and playing a major role in the second half of the agricultural work at the farms in the contract area. This can be considered as the result of the balance between the demands of the local traders of agricultural produce who need to secure contract volume and manage the quality of their produce and the demands of the farmers in key cabbage producing areas who are facing difficulties due to the increase in the number of elderly farmers and a shortage of manpower.

A Survey on the Recognition and Effects of the Contract Screening System in Jeju Special Self-Governing Province (제주특별자치도의 계약심사제도 효과 및 인식 조사)

  • Lee, Dong-Wook;Kim, Yong-Tak
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.5
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    • pp.75-86
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    • 2010
  • The contract screening system is being introduced and operated as a model of advance budget reduction for local fiscal efficiency. But as the authority recognizes the contract screening system as a means of budget reduction, and companies recognize it as a means of budget curtailment, a contradictory understanding structure on the contract screening system is being formed. This research was prompted to propose a development method that will enable the contract screening system operating in Jeju Special Self-Governing Province to be appropriately established as a model of advance budget reduction. To achieve this, the operating status of the contract screening system was analyzed, and the recognition level on the contract screening system of the local government and companies was analyzed on the basis of contract screening data.

Law and Economics in Labor Contracting (노동계약에 관한 법경제학적 분석:한국의 해고판례를 중심으로)

  • Kim, Iljoong;Cho, Joonmo
    • Journal of Labour Economics
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    • v.23 no.2
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    • pp.1-37
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    • 2000
  • Since the early 1990s, the Korean courts have tilted in the direction of giving greater freedom to employers by relaxing the restrictions on dismissal for economic reasons. During the Korean economic crisis of 1998, the Korean Labor Standard Act was also revised for the purpose of relieving the limitation of employer's discretion in employment adjustment. From the Coasian perspective, this article analyze how implied contracts for the employee's reliance and employer's compliance might be influenced after the formal law is revised. We demonstrate that, if the legal change results in excessive intervention, it might cause the employers to over-breach, the employees to under-rely, and the accompanying efficiency to decrease. We scrutinize the total population of unjust dismissal cases since 1987 in order to investigate how the legal changes in Korea have affected the implied contracts. Our empirical analysis raises a possibility that Korean legal changes made in 1990s might have increased the employer's opportunism and decreased the employer's reliance effort.

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Improvement of Contract Change Order System for the Fairness of Subcontracting in Public Construction Projects (공공건설공사의 하도급 거래 공정화를 위한 계약변경 제도개선 방향)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.5
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    • pp.3-10
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    • 2020
  • Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

A Study on the Contractor's Liability for Defect in Public Construction Project - through comparing Civil Law with Government Contract Law - (공공건설사업 하자에 대한 수급인의 책임에 대한 연구- 민법과 국가계약법령의 비교를 통하여 -)

  • Cho Young-Jun;Hyun Chang-Taek
    • Korean Journal of Construction Engineering and Management
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    • v.2 no.4 s.8
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    • pp.69-79
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    • 2001
  • Characteristics of Contactor's Defect Liability was too many discussed. But it's not clearly defined yet. Because recent Government Construction Projects are very complex and executed through long time, too many conflicts were appeared related to Contactor's Defect Liability. Therefore to analyse and to resolve the conflicts legal aspects of Contactor's Defect Liability stated in Civil Law and Government Contract Act was systematically compared. The result of this research is as follows : (1) Characteristic of Contactor's Defect must be regarded as a breach of Contract and be an incomplete contract implementation. (2) To decide the range of Damage, Characteristic of Defect must be regarded. (3) Contactor's Defect Liability must be effectual from the day of delivery. (4) Retainage must be added to secure the completion during the Contract Period and Defect Repairing Liability must be omitted in the Contract performance Security.

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