• Title/Summary/Keyword: 계약연구

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An Application of RETE Algorithm for Improving the Inference Performance in the Coordination Architecture (연동 구조 내의 추론 성능 향상을 위한 RETE 알고리즘의 적용)

  • 서희석
    • Journal of the Korea Computer Industry Society
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    • v.4 no.12
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    • pp.965-974
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    • 2003
  • Today's network consists of a large number of routers and servers running a variety of applications. In this paper, we have designed and constructed the general simulation environment of network security model composed of multiple IDSs agent and a firewall agent which coordinate by CNP (Contract Net Protocol). The CNP, the methodology for efficient integration of computer systems on heterogeneous environment such as distributed systems, is essentially a collection of agents, which cooperate to resolve a problem. Command console in the CNP is a manager who controls the execution of agents or a contractee, who performs intrusion detection. In the knowledge-based network security model, each model of simulation environment is hierarchically designed by DEVS (Discrete Event system Specification) formalism. The purpose of this simulation is the application of rete pattern-matching algorithm speeding up the inference cycle phases of the intrusion detection expert system. we evaluate the characteristics and performance of CNP architecture with rete pattern-matching algorithm.

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The Application of CISG to International Commercial Arbitration (聯合國國際貨物銷售合同公約在國際商事仲裁中的适用(국제물품매매계약에 관한 유엔협약이 국제상사중재에서의 적용))

  • Li, Wei
    • Journal of Arbitration Studies
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    • v.26 no.1
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    • pp.107-134
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    • 2016
  • International arbitration is the important field of applying CISG and the backbone of uniform law developed by CISG. Now CIETAC tribunals like courts of contracting states apply CISG precisely, which is beneficial to improving the quality and the credit of arbitral cases. Arbitration has the characters of independence and the non-government. the legal foundation of arbitral tribunal's applying CISG are the national arbitral law, the applicable arbitral procedures and usages of arbitration, not for performing international obligations under the CISG. CIETAC mainly use China Contract Law and CISG over the cases of sale of goods. Because of no provisions on recovery of differential price loss (equal to article 75 and 76 of CISG) Chinese tribunals have more discretion in determining the sum of damages under the China Contract Law. Applying China Contract Law may not beneficial to aggrieved party.

The Differential Effects of Transformational Leadership and Organizational Justice on Work Engagement : the Mediating Role of Psychological Contract Breach (변혁적 리더십 및 조직 공정성이 직무열의에 미치는 차별적 영향 : 심리적 계약위반의 매개효과)

  • Baec, Chae-Yoon;Shin, Je-Goo
    • The Journal of the Korea Contents Association
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    • v.17 no.1
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    • pp.299-336
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    • 2017
  • The purpose of this study is to identify the differential effects of transformational leadership and organizational justice on psychological contract breach and work engagement, and to suggest practical implications. To this purpose, this study theoretically references equity theory which recognizes the relationship between organizational input and output, social exchange theory which explains the exchange relationship between members and organization, and job demand-resource (JD-R) model that combines job demands and job resources. A empirical study was conducted on 277 employees at 18 companies of diverse industries including manufacturing, distribution, and finance, and to eliminate the common method bias problem, the dependent variable was measured using peer evaluation. The results of this study showed that: 1) both transformational leadership and organizational justice had a significant positive effect on work engagement and significant negative effect on psychological contract breach; and 2) psychological contract breach played a partial mediating role in the relationship between transformational leadership and work engagement as well as between organizational justice and work engagement. Therefore, this study suggests that, as organizational justice has stronger influence on work engagement and psychological contract breach than transformational leadership, organizations should not only train its leaders but also guarantee fairness.

The Design of Optimal Recall Insurance Product (최적 리콜보험상품 설계에 관한 연구)

  • 김두철
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.3 no.4
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    • pp.325-332
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    • 2002
  • In the process of designing pareto optimal insurance contract, it is necessary to assume that insurance contract conditions are endogenous to build a model. The expected utility, the non-expected utility and the state-dependent utility function can be applied as a insurance decision making principle. The insurance costs may have the linear, convex, and concave ralationship with the indemnity schedule. However, the sunk cost and fixed cost must be recognized. The deductible which decides whether an insurance contract to be a full or partial insurance contract can exist in the forms of straight deductible or diminishing deductible. Indeciding the level of deductible, the types of the insurance and the risks to be insured should be the deciding factors. Especially for recall insurance, there is relatively high chance that the recalling company being bankrupt. Therefore, the possibility of bankrupcy should be the considering factor in deciding the policy limit. The existence of the incomplete market and uninsurable background risk should be understood as restricting conditions of the pareto-optimal insurance contract.

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Determination of the Optimal Contract Amount of the Hydropower Energy Considering the Reliabilities of Reservoir Inflows (저수지(貯水池) 유입량(流入量)의 신뢰도(信賴度)를 고려한 최적(最適) 계약전력량(契約電力量)의 결정(決定))

  • Kwon, Oh Hun;Yoo, Ju Hwan
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.13 no.2
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    • pp.141-149
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    • 1993
  • Production of hydro-energy is random in its output amount due to the characteristics of the reservoir inflows. Therefore, it is necessary to provide the rationality in determining the amount of energy for a supply contract. This study presents a methodology for determining reasonably reliable amount of the energy supply considering the energy sale-incomes associated with the penalties which are subject to inflow-reliabilities. The objective function consists of the returns of energy sales and the risk-loss function to reflect statistically relevant risks. A range of the coefficient of the risk-loss function was figured out by its sensitivity analysis. The risk-loss herein means the penalty which should be paid by the energy supplier in case that the level of the energy supply is behind the contracted amount. And the reliability of reservoir inflow is defined by the exceedance probability of the inflow. The log-normal distribution was accepted as the probability density function of monthly inflows on the level of significance at 5%. Golden-ratio searching was applied to identify the optimal reliability and Incremental Dynamic Programming was used to maximize generation of the hydro-power energy in reservoir operation. The algorithm was the applied to the Daechung multi-purpose reservoir and hydro-power plant system in order to verify its usefulness.

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A Study on the Conformity of the Goods under International Sale (국제물품매매에서 물품의 계약적합성에 관한 연구)

  • OH, Hyon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.25-46
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    • 2015
  • The purpose of this paper is to provide a legal implication about conformity of goods in the international commercial transactions. There are so many legal relationship after the formation of contract. The most of important thing among the obligations of seller is to provide conformal goods which are of quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. If seller violate above duties, seller take the warranty liability. However, CISG describe the conformity of the goods instead of the warranty as follows. First, CISG Art.35(1) states standards for determining whether goods delivered by the seller conform to the contract and Art.35(2) describes standards relating to the goods' quality, function and packaging that, while not mandatory, are presumed to be a part of sales contracts. Article 35(2) is comprised of four subparts. Two of the subparts (article 35(2) (a) and article 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. Second, CISG Art.36 and 38 deals with the time at which a lack of conformity in the goods must have arisen in order for the seller to be liable for it. If seller lack of conformity becomes apparent only after that time, seller is liable for a lack of conformity existing when risk passed to the buyer. Third, CISG Art.49 describe that a buyer who claims that delivered goods do not conform to the contract has an obligation to give the seller notice of the lack of conformity. The most of important things about CISG articles and precedents is that buyer is aware of the lack of conformity and notice it to seller. Failure to satisfy the notice requirements of article 39 eliminates a buyer's defence, based on a lack of conformity in delivered goods, to a seller's claim for payment of the price. Consequently, parties of contract had better agree to the notifying times about lack of conformity. Also, If seller fined the non-conformity, seller has to notify this circumstance to the buyer within short period or agreed time.

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A Case Study on the Fundamental Breach of Contract and its Application for the Avoidance of Contract and Requiring Substitute Goods under the CISG (국제물품매매계약에 관한 UN협약(CISG)상 근본적 계약위반과 이를 원용한 계약해제권과 대체품청구권에 관한 판례연구)

  • PARK, Eun-Ok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.47-73
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    • 2015
  • This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.

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A Checklist for Assessment of Risks Involved in IT Service Project Contract (IT 서비스 프로젝트 계약서 위험 요인 평가 체크리스트)

  • Jeong, Eun Joo;Jeong, Seung Ryul
    • Journal of Internet Computing and Services
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    • v.15 no.4
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    • pp.57-65
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    • 2014
  • Risk factors are the reason behind cost overruns and delays in long-term large-scale IT service projects. Major risks originate from the integration of complex IT system components, including software, hardware, and solutions; the competitive bidding process; the turnkey and firm-fixed price nature of contracts; and the project execution environment. We have identified several risk factors such as delay in acceptance, low quality of deliverables, delay in payment, adding and changing requirements and scope, unclear definition of roles and responsibilities of the buyer and supplier, and unclear procedures of change and quality management during the project execution phase. One needs to manage risks proactively before signing the contract. In order to weed out or lower the risk factors well in advance, we need to identify and remove risk factors contained in contract clauses and attached contract documents. We propose a checklist for assessing IT service project contracts. To validate the checklist's utility, we applied it to an IT service project in the finance industry. The results show that the checklist is effective in identifying and removing risk factors pertaining to IT service projects.

A Study on the Conditions, Trust and Intention to Contract of Franchise Head Offices under the Food Service Franchising Establishment (외식 프랜차이즈 창업자 환경이 가맹 본부 조건과 신뢰.계약 의사에 관한 연구)

  • Park, Hoen-Jin
    • Culinary science and hospitality research
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    • v.16 no.1
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    • pp.226-238
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    • 2010
  • This study investigates the recovery of trust and provision of a contract between a franchiser and a franchisee in the food service industry. It has come to the following results after analyzing the inter-affections among the franchisers' conditions, the trust level of their support and their intention to contract. First, such factors as experience, confidence, and expertise of a franchisee have significant effects on the terms of a franchiser. Second, ad support, experience, expertise, confidence, and capital factors have significant effects. Third, such factors as history of a franchiser, the number of its franchisees, its brand have significantly influence on trust. Fourth, educational support, utilization of job instruction and purchasing of packages have significant effects on intention to contract.

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A Study on the Improvement of Architectural Design Contract Phase in the Overseas Construction Market through the Analysis of Inefficient Factors (효율성 저해요인 분석을 통한 건축설계분야의 해외건설 계약단계 개선방안에 관한 연구)

  • Lim, Jae-Bok;Kim, Jae-Jun
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.1
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    • pp.155-162
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    • 2010
  • Following the successful entry of Korean builders into overseas construction markets, Korean architects have also become active abroad, and have expanded their market share centered on the Southeast Asia and Middle Eastern areas through Design-Build contracts. However, there have also been However, conflict can arise among the project applicants in the contract stage due to the special characteristics of overseas construction. This sometimes leads to the failure of a project. Using statistics and case studies, this study identified problems in the overseas construction market. It analyzed inefficient factors of the architectural design contract phase in the overseas through a survey and an interview of specialists. Based on the results, this study suggested a master architect system, and some resolutions to the problems of organizing an internal evaluation system. It is expected that the results can be used as practical data for companies that want to advance into the overseas market.