• KSCE Journal of Civil and Environmental Engineering Research
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• v.42 no.3
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• pp.439-448
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• 2022

Recently, domestic small and medium-sized subcontractors participating in the overseas construction market are suffering from the continuous loss and damage due to the insufficient recognition of the importance of risk Sub-Clauses among conditions of subcontracts. Therefore, the need to derive risk Sub-Clauses for conditions of the subcontract has been raised, but until now, previous studies have been conducted focusing on deriving risk Sub-Clauses for standard conditions of contract for construction between the Employer and the Contractor. In this study, 52 risk Sub-Clauses were derived on the basis of the influence size of the Sub-Clauses through the Delphi technique targeting 94 Sub-Clauses of conditions of standard subcontract for construction edition 2011, issued by the International Federation of Consulting Engineers (FIDIC) and In addition, 33 key risk Sub-Clauses were finally derived through the PI Risk Matrix by Probability and Impact. The results of this study provide will useful information on key risk Sub-Clauses that need to be reviewed in advance to minimize contractual risks at the stage of bidding and signing contracts for overseas subcontract construction projects.

• The Korean Journal of Financial Management
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• v.13 no.1
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• pp.261-284
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• 1996

본 논문에서는 통화선물(일본 엔화와 독일 마르크화)에 대한 듀레이션 효과와 만기효과를 검증 하였다. 두 통화에 대한 1990-1994년까지의 현물과 선물의 주별자료를 가지고 분석한 결과 엔화와 마르크화의 통화선물계약에 대한 최소분산 헤지비율은 헤지기간(hedge duration)이 1주부터 5주까지 변함에 따라 증가하고 있으며 이러한 듀레이션효과는 계약만기가 가까워짐에 따라 헤지가 점점 제거되는 현상, 즉 만기효과에 의해서 영향을 받는 것으로 나타났다. 그리고 선형추세분석을 통해서 최소분산헤지비율이 베타헤지비율에 어떠한 추세로 접근하는 지를 알아보았다. 그 결과 듀레이션이 길어질수록 최소분산헤지비율이 증가하고, 계약만기에 가까워짐에 따라 최소분산헤지비율이 베타헤지비율, 1에 가까워지는 현상이 나타났다.

• Proceedings of the Korean Information Science Society Conference
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• 2004.04a
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• pp.385-387
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• 2004

다자간의 계약서 서명 프로토콜은 Asokan등[1]에 의하여 제안되었다. 비동기 네트워크에서 다자간의 계약서 서명 프로토콜은 동기 네트워크에 비하여 효율성이 떨어져 그에 대한 연구가 많이 이루어졌다[2, 3, 4]. 지금까지 알려진 비동기 환경에서 가장 효율적인 다자간의 계약서 서명 프로토콜은 Waidner[4]에 의하여 제시되었다. 본 논문에서는 Waidner[4]가 제시한 프로토콜을 기본으로 하여 라운드 수를 줄인 프로토콜을 제시한다.

• International Commerce and Information Review
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• v.15 no.2
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• pp.285-313
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• 2013

By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.30 no.3
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• pp.171-193
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• 2019

The purpose of this study is to investigate how contract teacher librarians and contingent librarians working in school libraries experience burnout, and to provide basic data that will serve as a reference guide for finding counter measures. In order to achieve the purpose of the study, 100 librarians (teachers) from the school library in Seoul & Gyeonggi Province were surveyed to investigate how their societal characteristics, working environment and conditions, psychological state affect their burnout. As a result, school librarians (teachers) felt almost no burnout, but the most influential factor was self-esteem. In addition, the satisfaction with the compensation system was less than average, and there was a need for improvement.

• Korean Journal of Construction Engineering and Management
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• v.18 no.6
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• pp.109-120
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• 2017

Even though domestic construction companies are expanding into overseas construction markets, the profitability of overseas project are decreasing and finally some biggest domestic construction companies recorded heavy deficit one after another in 2013. Contract management, which is very deeply related to profitability, is the most difficult area to domestic construction companies, especially in Middle East and Asia where they have the highest market share and a high level of contract management is required. The purpose of this study is to assess their contract management competences to help them improve contract management skills and strategies. First, we defined the overseas project contract management process and selected competences from the each process stage. Then, we conducted a survey with overseas project experts. For considering their competences from various angles, we divided survey groups into domestic construction groups and other groups (Contract consultancy agencies and Construction research institutes) to understand the internal and external perspective of the domestic construction companies' contract management competences. The results of survey was analyzed by using paired samples t-test, Borich Needs Assessment Model and Independent t-test. We expected that the results of this study could contributes to establish strategies for enhancing the domestic construction companies' contract management competencies.

• Journal of Technology Innovation
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• v.20 no.1
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• pp.1-15
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• 2012

Republic of Korea has been applying offset to defense acquisition program for some benefits such as modernization of defense industry and enhancement of R&D capabilities since 1983. But in point of implementation, there is the possibility of delay of offset agreements based on the value of proposed technologies. As it often happens that the delay of offset agreement negatively affects the time schedule of main defense deal, it is necessary to prepare for this issue. The purpose of this study is to extract some factors affecting the duration of offset agreement by statistical analysis. Reviewing existing papers and contract process, nationality of enterprise, the number of project participants, properties of project, the number of technologies in the first proposal, level of domestic defense technology in each weapons system, the amount of main contract were used as independent variable and duration of agreement as dependent variable. To hypothesis testing, correlation and multiple regression analysis were conducted using the previous 25 contract cases. As a result of correlation analysis, the amount of main contract, the number of technologies in the first proposal and properties of project have positive relationships with dependent variable. In multiple regression, the amount of main contract and the number of project participants have significant effect on the duration of offset agreement.

• Journal of Korea Port Economic Association
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• v.28 no.3
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• pp.167-192
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• 2012

The purpose of the study aims to analyse the judgement criterion of arrived ship under voyage charterparty with the Merida Case. A ship is an arrived ship if she is in port and either able to proceed immediately to a berth or in such a position that she is at the immediate and effective disposition of the chaterparty. Identification of the specified destination-whether berth or port-impacts on the incidence of loss occasioned by delay in loading or discharging, when the delay is due to the place at which the vessel is obliged by the terms of the charterparty to load or discharge her cargo being occupied by other shipping. The Merida case is an appeal by the charterers from a final Arbitration award of two very experienced arbitrators, dated 20th April, 2009. The arbitrators held that a voyage charterparty, dated 5th February, 2007, of the vessel, The M/V Merida, entered into between charterers and the owners, was a port rather than a berth Charterparty. The Primary relevance of this distinction does to the allocation, as between owners and charterers, of the risk of delay caused by congestion at load and discharge ports. The question of law arising in this appeal is whether the arbitrators were right to conclude that the charterparty was a port and not a berth charterparty. The arbitrators additionary placed some reliance on a post-contractual e-mail from the agents, which suggested that charterers did not dispute the validity of the NOR-and, hence, that this was a port charterparty.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.300-305
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• 2002

The construction project is a complex undertaking involving multiple participants. Conflicts are inherently natural in the construction projects and subsequently, a success of projects mainly depends on how well to cope with the conflicts. In the past, courts usually took the position that the professional's exposure in damages for negligent performance of any of his/her duties would not extend to strangers to the contractual arrangement. However, courts today generally reject that rationale which was earlier in vogue and protect architects, engineers, and contractors from being liable to third parties. It means that the lack of privity of contract could rarely protect a profession in a suit alleging the negligence or professional malpractice in preparing plans or specifications. The main goal of this paper is to enhance the understanding of the legal aspect of privity and to provide the trend of no-privity disputes through the analysis of lawsuit cases during the last 40 years. On the base of the analysis, importance of the third relationship and the liability in construction disputes is presented.

• Korea Trade Review
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• v.42 no.1
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• pp.257-281
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• 2017

It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.