• Title/Summary/Keyword: 계약연구

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Private Security Regulation: A Comparative Study of South Korea and Mongolia (한국과 몽골의 경비업법 비교연구)

  • Lkhagvamm, G;Kang, Min-Wan
    • Korean Security Journal
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    • no.47
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    • pp.139-165
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    • 2016
  • In Mongolia, the regulation related to the private security industry, the Law on Contracted Private Security Services, was legislated relatively recently. The Law on Contracted Private Security Services was enacted into law in Mongolia 16 years ago, in 2000. This regulation has undergone two amendments since its inception. However, new revisions still need to be made to ensure that this regulation is in line with internationally accepted standards and practices. This paper compares the existing private security regulations of South Korea and Mongolia. The purpose of this comparative study was to identify the weaknesses of and problems in the Mongolian regulation and propose amendments to the Mongolian regulation. The comparative study of the two countries' regulations showed and underscored an imperative need to make further amendments to the Law on Contracted Private Security Services. Specifically, the weaknesses of and problems in the Mongolian regulation at issue include the following: the level of accuracy in defining certain legal terms and providing the proper names for various regulations; stipulations which set forth the procedure for registering a private security company; provisions regarding operating a private security company; the details of eligibility and accountability requirements concerning chief executives and security service officers; and the scope of work provisions. This study proposes constructive amendments to strengthen the Law on Contracted Private Security Services.

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Benchmarking Research Based on Contract Documents for Successful ADR Implementation to Domestic Construction Industry (ADR 활성화를 위한 건설 계약서의 해외 사례 벤치마킹 연구)

  • Choi Jeong-Won;Kim Sang-Bum
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2004.11a
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    • pp.629-633
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    • 2004
  • The number of claims and disputes among project participants has been steadily increasing last a few years and it creates numerous conflicts and problems in the domestic construction industry. One of the root causes of claims and disputes can be explained by the fact that project objectives of participants are offer different and not aligned. This research is considered as a pre-study of developing a strategy to mitigate conflicts such as claims and disputes in the domestic construction industry by utilizing Alternative Dispute Resolution (ADR) techniques. This research focused on improving standard contrast documents to establish a systematic dispute resolution process which emphasize the ADR method. To do so, several well-recognized contract documents developed by FIDIC, AIA, ECC were throughly investigated and analyzed using a benchmarking process. Result of the research propose needs of improving the domestic construction document's some clauses and the details will be further Investigated through surveys and expert's opinions.

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Valuation of highway O&M contract using real option (실물옵션을 활용한 고속 도로 유지관리 계약의 가치산정)

  • Park, Taeil;Shin, Eun-Young;Lee, Yoo-Sub
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.14 no.11
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    • pp.5964-5970
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    • 2013
  • The recent budget planning for highway infrastructure implied that the investments for Operation & Maintenance(O&M) became greater than that for new construction. This circumstance made many stakeholders pay attention to the O&M of road infrastructure and adopt other countries' policies and system for effective management. In other countries, most O&M for road infrastructure have been done by private entities using long-term contract and Korea is about to shift from one year contract to long-term contract. The most important parts for the expansion of the long-term O&M contract for road infrastructure are valuation of the O&M contract based on accurate prediction of O&M costs and instrument for proper risk sharing between contracting parties. Thus, this study provides a methodology to estimate a reasonable O&M contract price and a framework to share contract risk between contracting parties using real option. The analysis results showed that the contract price and ceiling and floor conditions for the 20 year-contract of 20 km-highway project were 45.7, 60 and 42.3 billion won, respectively.

Determinants of Insurance Products Cross-selling Performance : Focusing on Career Experience (직업경험을 중심으로 한 보험상품 교차판매 성과의 결정요인 분석)

  • Son, WooCheol;Kang, ShinAe
    • Journal of Service Research and Studies
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    • v.9 no.3
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    • pp.39-60
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    • 2019
  • The purpose of this study is to analyze the determinants of insurance product cross selling performance. For the study, 11 insurance managers and 2 sales managers belonging to A insurance agency were selected and in-depth interviews were conducted. The analysis of the research data was done by the open coding method suggested by Strauss & Corbin(2001). As a result, 84 concepts, 28 subcategories and 10 categories were derived. The ten categories that were determinants of insurance product cross-selling performance were personal characteristics, consultation method, cross-selling ratio, sales culture, education, customer change, customer DB provision, satisfaction, business support system, and customer service. In order to verify the qualitative results, quantitative analysis was emplyed to the actual performance data of insurance planners belonging to A insurance agency during April 2016~March 2019. As a result of the analysis, the age, position, and the number of months worked in the insurance company had a statistically significant effect on the number of life insurance contracts in total insurance contracts and life insurance contracts in total insurance contracts. In addition, the age, position, and the number of months worked in the insurance company had a statistically significant negative impact on the number of non-life insurance contracts in the total number of insurance contracts and the total amount of insurance contracts in total insurance contracts. The result of this study can be an important basic data for the development of educational programs and job support systems for the training of insurance planners. Insurance companies should refer to ten categories derived from qualitative research in order to increase the performance of insurance planners and to promote long-term service. Especially, it is necessary to develop specialized education programs and job support systems so that cross sales that increase the proportion of life insurance sales increase.

Influencing Factors Analysis for the Number of Participants in Public Contracts Using Big Data (빅데이터를 활용한 공공계약의 입찰참가자수 영향요인 분석)

  • Choi, Tae-Hong;Lee, Kyung-Hee;Cho, Wan-Sup
    • The Journal of Bigdata
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    • v.3 no.2
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    • pp.87-99
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    • 2018
  • This study analyze the factors affecting the number of bidders in public contracts by collecting contract data such as purchase of goods, service and facility construction through KONEPS among various forms of public contracts. The reason why the number of bidders is important in public contracts is that it can be a minimum criterion for judging whether to enter into a rational contract through fair competition and is closely related to the budget reduction of the ordering organization or the profitability of the bidders. The purpose of this study is to analyze the factors that determine the participation of bidders in public contracts and to present the problems and policy implications of bidders' participation in public contracts. This research distinguishes the existing sampling based research by analyzing and analyzing many contracts such as purchasing, service and facility construction of 4.35 million items in which 50,000 public institutions have been placed as national markets and 300,000 individual companies and corporations participated. As a research model, the number of announcement days, budget amount, contract method and winning bid is used as independent variables and the number of bidders is used as a dependent variable. Big data and multidimensional analysis techniques are used for survey analysis. The conclusions are as follows: First, the larger the budget amount of public works projects, the smaller the number of participants. Second, in the contract method, restricted competition has more participants than general competition. Third, the duration of bidding notice did not significantly affect the number of bidders. Fourth, in the winning bid method, the qualification examination bidding system has more bidders than the lowest bidding system.

Legal issues of the Contract of Electronic Commerce by Internet (인터넷을 통한 전자상거래(電子商去來) 계약상(契約上)의 법적(法的) 논점(論點))

  • Hong, Sung-Kyu
    • International Commerce and Information Review
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    • v.1 no.2
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    • pp.273-294
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    • 1999
  • 인터넷은 단순히 통신수단의 변화에 그치지 않고 문화 사회 정치의 각 방면에서 커다란 변혁을 불러일으키고 있으며, 물품매매계약이 전자적으로 이루어지는 경우 전자상거래계약의 성립시기, 방식 및 전자문서의 효력, 준거법(applicable law, governing law), 재판관할(jurisdiction)등에 관하여 복잡 다양한 문제점들을 야기하게 된다. 전자상거래 계약상에서 청약의 기준에 관해서는 매도인의 행위를 청약으로 보는 것이 다수설이다. 따라서 매수인이 선돼한 상품에 대하여 구입의사를 표시, 즉 승낙하면 바로 전자상거래 계약이 성립한다고 할 수 있다. 그리고 인터넷을 이용한 전자상거래의 경우에는 국경을 초월하여 세계의 모든 소비자들을 그 대상으로 함으로써 준거법의 문제와 재판관할권의 문제가 상당히 중요한 문제로 부각되고 있는 바, 준거법의 결정은 일반적으로 당사자의 자유로운 의사에 따라 결정된다. 재판관할권에 대해서는 재판관할에 대한 합의가 있는 경우에 우려 나라는 이를 유효한 것으로 인정하고 있으나, 일반 소비자들을 대상으로 하고 있는 전자상거래의 특성을 고려할 때 이는 다소 무리가 따른다고 생각된다. 또한 재판관할에 대한 합의가 없는 경우에는 피고의 주소지국이 재판관할권을 부여받는바, 격지자간의 소액거래에서는 그 실익을 기대할 수 없는 것이 현실이다.

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A Comparison of SLA Implementations: ASLM and SLA@SOI (SLA 구현방법 비교: ASLM과 SLA@SOI)

  • Kim, Sang-Rak;Yang, Jae-Gun;Bae, Jae-Hak;Jang, Gil-Sang
    • Proceedings of the Korea Information Processing Society Conference
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    • 2011.04a
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    • pp.329-332
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    • 2011
  • 최근 클라우드 컴퓨팅 기반의 IT 서비스가 증가하면서 기업들 사이에 SLA가 중요한 화두로 대두되고 있다. 상업용 SLA 관리 툴들은 어플리케이션 또는 데이터베이스 계층에 계약관련 로직을 내장하고 있다. SLA 규칙들이 구현 로직 내에 암시적으로 표현되어 있어서 유지보수가 어렵고 계약사항을 공유하는 데 많은 어려움이 따른다. 따라서 오늘날과 같은 서비스 지향 아키텍처, 온 디맨드, 유틸리티컴퓨팅, 클라우드 컴퓨팅 환경에서는 전체 서비스를 자동 관리할 수 있는 기술에 대한 연구가 반드시 필요하다. 본 논문에서는 능동문서기반의 ASLM(Active Service Level Management)과 유럽에서 진행 중인 SLA@SOI 프로젝트의 계약서 작성 및 실행에 대한 구현 방법을 비교하였다. 비교결과 유지보수성과 자동화 측면을 고려할 때 계약 규칙 로직을 어플리케이션 로직과 분리한 ASLM의 구현방법이 SLA@SOI 보다 SLA 계약처리 업무에 적합함을 알 수 있었다.

A Study on Performance Warranty Criteria for Expressway Jointed Concrete Pavements (고속국도 줄눈 콘크리트 포장 성능보증 기준 연구)

  • Yeo, Hyun-Dong;Ahn, Deok-Soon;Suh, Young-Chan;Jeong, Jin-Hoon
    • International Journal of Highway Engineering
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    • v.13 no.3
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    • pp.65-73
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    • 2011
  • Recently, researches to introduce the performance warranty contract are in progress for quality improvement of road pavements. The performance warranty contract is a type of contract in which contractors guarantee to maintain certain level of performance during a period from completion of construction. The contract use in Europe and the U.S is being increased because it has been known to contribute to improvement of structure quality, reduction of life cycle cost, development of construction techniques, and etc. The research on performance indicators, threshold values, and warranty durations is essential to effectively introduce the contract in Korea. In this study, literatures on the performance warranty contract for concrete pavements of the Minnesota, Indiana, and Florida of the U.S. were reviewed. Major distresses influencing the pavement performance were investigated and analyzed in the jointed concrete pavement sections of 21 Korean expressway routes to be compared to the performance indicators, threshold values, and warranty durations of the states. More accurate comparison is expected by investigation in planned sections for a long time.

Relationship between Characteristics of Accounting Firms and Audit Engagement Risks based on Bayesian Network (베이지안 네트워크를 기반으로 한 회계법인의 속성과 감사계약체결위험간의 관계)

  • Sun, Eun-Jung;Park, Sung-Jin
    • Management & Information Systems Review
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    • v.36 no.1
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    • pp.1-19
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    • 2017
  • One of the methods of securing the reliability of accounting information is maintaining high audit quality. The first step of improving audit quality is lowering audit engagement risks. Thus, this study analyzed the relationship between the characteristics of accounting firms and audit engagement risks based on the Bayesian Network. For this, Markov Blanket, the minimum explanatory variable set, which affects audit engagement risks, was presented, and based on the drawn causal relationship, sensitivity analysis was conducted to verify the characteristics of accounting firms, which affect audit engagement risks. The existing preceding research that used multiple regression analysis presumes the linearity between explanatory variables and dependent variables, so there was a limit in drawing the relationship between explanatory variables. Therefore, this study figured out the interdependence between variables using the General Bayesian Network and examined the impact that each variable has finally on audit engagement risks that affects the audit quality. The results of this study would greatly contribute to improving the efficiency of the supervisory task by allowing a supervisory institution to identify an accounting firms that does not manage audit engagement risks properly and to improve the supervision of the accounting firms in advance. In addition, this study will be used as a reference when a supervisory institution would improve the system related to audit quality by presenting the characteristics of accounting firms related to the audit quality.

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A Study on the Optimal Concession Contract Decision Model between Port Authority and Terminal Operators (항만공사와 터미널운영사간 최적임대계약 결정에 관한 모형)

  • Ashurov, Abdulaziz;Kim, Jae-Bong
    • Journal of Korea Port Economic Association
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    • v.35 no.3
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    • pp.1-18
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    • 2019
  • The competition between port authorities (PAs) and terminal operating companies (TOCs) in providing port logistics services has gained importance. The PAs enter into leasing contracts with TOCs in various ways. This study aims to model a contract method that maximizes the joint profit between a PA and a TOC. Particularly, this study aims to model the equilibrium by comparing four types of contract schemes in the non-coordination, cooperation, Cournot, and collusion models. The results of the analysis show that the two-part tariff scheme generates a higher joint profit than the fixed and fee contracts. It is understood that risk- and profit-sharing between the PAs and TOCs helps the latter to maximize the throughput and the joint profit. These results are expected to provide an important theoretical basis for decision-making about port rent and freight between the PAs and TOCs.