• Korea Trade Review
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• v.42 no.6
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• pp.1-25
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• 2017

This is a comparative and analytical study which comprises of the analysis of the rules of the seller's liability for non-conforming goods of four legal systems under the CISG and the CESL. A purpose of this study is to examine all the rules as to, first, the concept and the nature of the seller's duty to deliver the goods in conformity with the contract, second, the contents of the seller's duty to deliver the goods in conformity with the contract, third, the time when the goods must be in conformity with the contract and the cases where the seller is exempted from his liability for non-conforming goods. Another purpose is to compare the rules of the CISG with those of the CESL, and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intend to use one of those regimes in their contract as a governing law.

• KIPS Transactions on Software and Data Engineering
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• v.11 no.10
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• pp.399-408
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• 2022

ERC-20, the standard API for Ethereum token smart contracts, was introduced to ensure compatibility among applications such as wallets and decentralized exchanges. However, many compatibility vulnerability problems have existed because there is no rigorous functional specifications for each API nor conformance review tools for the standard. In this paper, we proposed a new review procedure and a tool to perform the procedure to review if ERC-20 token smart contract programs for the Ethereum blockchain conform to the de facto standards. Based on the knowledge from an analysis on the ERC-20 API functional behavior of the top 100 token smart contract programs in the existing Ethereum blockchain, a new specification for the de facto standard for ERC-20 API was explicitly defined. The new specification enabled us to design a systematic review method for Ethereum smart contract programs. We developed a tool to support this review method and we evaluated a few benchmark programs with the tool.

• Korean Journal of Construction Engineering and Management
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• v.9 no.4
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• pp.66-74
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• 2008

Warranty contracting for pavements construction has been widely used in Europeans countries, Japan, and the U.S. and the benefits of warranty contract has been proven. This research investigated the European, U.S., and Japanese warranty contract policies and compared pros and cons. The most appropriate warranty contract policy solution is developed to fit in the Korean construction industry culture. Three main conclusions have been developed in this study: (1) performance specifications should be developed; (2) the systematic method is required to estimate the appropriate costs of performance bond and warranty period, etc.; and (3) short and long term plans for adopting performance warranty contract in Korea are suggested.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.123-144
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• 2012

Seller shall deliver the goods with a perfect condition of packing or container in international trade. Unless otherwise seller shall warranty that the goods arrive at destination with a safe and economic value. Buyer may ask packing is to be made in specific condition or refuse to accept when the packing is not made in accordance with trade customs between among merchants. Especially packing is to be considered under the local law and process. Sometimes tax will be added to specific condition of packing for example glasses, metal sheet or others. Warning signs shall be included as form of both words and diagrams, and be in form of ensuring understanding in the local market. Wide range of warning signs can be used for communications and understanding of packing. Packing of a product can usefully symbolize a range of product information, or any relevant warnings, and give an opportunity for displaying messages of promoting the company and the goods. The seller may choose the best method to maintain its value but find a way to reduce packing cost, size for convenience during delivery, design, and local customs. There are many things to be considered for packing to seller. The purpose of packing is to protect the goods itself and to maintain its economic value during storage, delivery, transshipment, and distribution to end users.

• Culinary science and hospitality research
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• v.19 no.4
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• pp.56-76
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• 2013

With a distinction made between contract breach and contract violation, this study develops a structural model that investigates whether each dimension of contract breach influences experience of a contract violation in the hotel industry. At the same time, the impact of such a violation on hotel employees' work outcomes has been studied. One hundred and seventy eight employees, who are employed in five star deluxe hotels participated in the study and a structural equation modeling(SEM) is employed. The result indicated that good working relationship, and training and development, a so called relational oriented breach, make positively significant impact on contract violation. Whereas, benefits and salary categorized as transactional oriented breach does not. Also, the suggested employee outcomes including high turnover intent, low job satisfaction, and person-organization fit have been influenced by contract violation. As a result, hotel practitioners need to clarify the contract items prior to employment and during employment and to prepare to react to unmet promises.

• 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.

• Culinary science and hospitality research
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• v.22 no.7
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• pp.187-202
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• 2016

The purpose of this study was to better understand the influence of psychological contract breach in deluxe hotel culinary staff memeberss on job satisfaction and turnover intention. Based on a total of 280 samples obtained for empirical research, this study reviewed the reliability and fitness of the research model and verified a total of 4 hypotheses using the AMOS program. The hypothesized relationships in the model were simultaneously tested by using a structural equation model(SEM). The proposed model provided an adequate fit to the data, ${\chi}^2=334.152$ (p<.001), df=162, CMIN/DF=2.063, GFI=.893, AGFI=.861, NFI=.919, CFI=.956, RMSEA=.062. The model's fit, as indicated by these indexes, was deemed satisfactory, thus providing a good basis for testing the hypothesized paths. The SEM showed that relational contract breach (${\beta}=-.236$) had a negative significant influence on job satisfaction. In addition, job satisfaction (${\beta}=-.236$) had a negative significant influence on turnover intention. The moderating effects on career the formulated model was verified. Limitations and future research directions are also discussed.

• Journal of Internet of Things and Convergence
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• v.5 no.2
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• pp.67-72
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• 2019

As Internet voting can take place regardless of a voter's location, the participation rate of the voters would be increased and economic costs will be reduced. But the drawback of it is that all participants have to trust the election management server. If the server colludes with the specific candidate, the other candidates cannot prove rigged election. In addition, majority of researches on Internet voting are mainly focused on the voting restricted by the region and the country. Thus, it's not appropriate for the election in Internet community such as YouTube channels. As the Internet community is composed of members from all around the world, the new type of voting model is needed. In this study, we propose the smart contract based Internet voting model applicable on the blockchain network. The proposed smart contract model consists of candidate registration, voter registration, voting and counting stages. In the proposed model, anonymity of the voter is assured in the voter registration and voting stages, and all candidates can confirm the fairness of the election in the counting stage.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.35-58
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• 2013

In Mash & Murrell, Diplock J said that "there is an implied warranty not merely that they shall be merchantable at the time they are put on the vessel, but that they shall be in such a state that they can endure the normal journey and be in a merchantable condition upon arrival." But in The Mercini Lady, Field J said that "the goods would be of satisfactory quality not only when the goods were delivered on to the vessel but also for a reasonable time thereafter." and "The proposed conditions were not excluded by clause 18. ${\cdots}$ clause 18 was not to be construed as extending to conditions ${\cdots}$". In relation to the problems on validity of the goods conformity clauses in FOB contracts, when considering Lord Wright's comments ("${\cdots}$ hence apt and precise words must be used to exclude it: the words guarantee or warranty are not sufficiently clear.") in Cammell Laird & Co Ltd v Manganese Bronze and Brass, FOB contracts are fundamentally one that seller's duty to deliver the goods is completing at the port of shipment and "principle of party autonomy" in Contract Law, I do not think that the terms implied by section 14 of the SGA and Common Law cannot absolutely excluded by the goods conformity clauses in sale contracts. Therefore, in order to exclude the implied terms, the parties must very clearly spell out this in the relevant clauses.

• Korean Journal of Construction Engineering and Management
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• v.25 no.2
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• pp.23-35
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• 2024

This study analyzed the correlation between each of the 12 influencing factors in FAR 16.04 and the decision-making process for construction contract types, using data from a total of 2,406 DoD Construction Acquisitions spanning from 2008 to 2022. The study considered 12 independent variables, grouped into 4 Characteristics with 3 factors each. Meanwhile, all other contract types were categorized into two types: Firm-Fixed-Price (FFP) and Cost-Reimbursement Contract (CRC), which served as the dependent variables. The findings revealed that FFP contracts significantly dominated in terms of acquisition volume. In line with prevailing beliefs, logistic data analysis and Analytical Hierarchy Process (AHP) analysis of Relative Weights from Experts' Survey demonstrated that independent variables like Uncertainty of the Scope of Work and Complexity found out to be increasing the likelihood of selecting CRC. The number of contractors in the market does indeed influence the possibilities of contract decision-making between CRC and FFP. Meanwhile, the p-values of the top 3 influencing factors on CRC from the AHP analysis-namely, Appropriateness of CAS, Project Urgency, and Cost Analysis-exceeded 0.05 in the binominal regression results, rendering it inconclusive whether they significantly influenced the construction contract type decision, particularly with respect to payment methods. This outcome partly results from the fact that a majority of respondents possessed specific experiences related to the USFK relocation project. Furthermore, influencing factors in construction projects behave differently than common beliefs suggest. As a result, it is imperative to consider the 12 influencing factors categorized into 4 Characteristics areas before establishing acquisition strategies for targeted construction projects.