• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.33-66
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• 2009

Common law makes a distinction between partial breach and material breach. Attempted definitions of material breach are notoriously unsatisfactory, and the concept of partial breach does not necessarily bear an inverse relationship to substantial performance. This study will review the basic structure of common law contract remedies together with how these remedies are reflected in UCC Article 2 for sale of goods contracts. The matter is complicated because availability of remedy depends on the seriousness of the breach, and the right to cure, and (for sale of goods) these in turn depend on whether the contract is an installment contract or a single performance contract. Common law jurisdictions relegate specific performance of contracts to a last place in the hierarchy of contract remedies. Common law lawyers should recognize that this is the result of historical accident and not the product of some kind of superior intellectual effort. Not only is the attitude of civil law systems toward specific performance quite different, but for international sales contracts in developing nations, a remedy system based on the notion that substitute contracts are readily available(and therefore damage remedies are appropriate) is unrealistic. English common law courts were largely restricted to remedies in the form of monetary damages. For that reason the primary contract remedy at common law has never been specific performance. Rather, common law courts have struggled to develop an appropriate measure of monetary damages for breach of contract. Today, specific performance is viewed as an equitable remedy rather than common law. In the United States the dual court system has been abolished by a merger of law and equity courts into a single court structure. However some historical distinction linger on. The most important is that jury trials are generally not available in actions that seek equitable relief. If a plaintiff seeks in personam relief, such as specific performance of a contract, the action will be viewed as equitable and there will be no entitlement to a jury. Further, equitable relief will be granted only in those situations where the plaintiff pleads and proves that the remedy at law is inadequate. The purpose of this study aims to analyze the remedy system of breach of contract of U.K. and U.S. in the international commercial transactions with criterion of commercial rationality.

• The Journal of the Korea Contents Association
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• v.18 no.5
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• pp.175-190
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• 2018

This was a descriptive study aiming to verify the effects of work environment, job satisfaction, and organizational commitment on the turnover intention of Clinical Research Coordinator(CRC) nurses. In the results of this study, the organizational commitment had significant effects on the turnover intention of CRC nurses. On the other hand, the work environment and job satisfaction had no statistically significant effects on the turnover intention of CRC nurses. Based on the results of this study, the main discussions were drawn as follows. In order to increase the organizational commitment, it would be necessary to have the institutional improvement like the increase of opportunity to participate in the hospital operation, administration, and the establishment of affiliated institution for improving a sense of belonging. It would be also necessary for each hospital to establish the standard of welfare, wage system for the improvement of work environment. If the organizational commitment of CRC nurses who are the actual performers, supporters of researches is ignored, it is unavoidable that the performance and quality of clinical tests would be declined. Therefore, there should be some changes, so that CRC nurses could play a pivotal role in the whole process of clinical test, by changing the employment status from contract position to more stable employment status, to increase their commitment to organization and work continuity.

• 한국벤처창업학회:학술대회논문집
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• 2007.11a
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• pp.15-43
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• 2007

The object of this study is to present a strategy against technology protectionism of advanced countries focusing on international cooperation policy of KIPO and infringement of overseas intellectual property rights on the notion that a policy performed without a long-term plan will not lead to industrial growth in the long run. The number of dispute cases of intellectual property rights in Japan ranks first with 275 cases compared to that of other countries. Among the dispute case, the number of validation trial is 107 cases(38.9%), and correction trial is 83 cases(30.2%). The USA ranks second in dispute of intellectual property rights. Among the dispute of intellectual property rights in the USA, the number of validation trial is 66 cases(64.7%), and correction trial is 21 cases(20.6%). A strategy against technology protectionism of advanced countries is as follows. A strategy is required to cope with infringement of overseas intellectual property rights. Korean government has to strengthen the function of overseas intellectual property rights protection center, strengthen boundary restriction of infringement goods, promote international dispute study, train international dispute specialist, solve jurisdiction problem of patent court system, improve trial system, construct confidence as social capital etc. Enterprises have to maintain No Patent No Future policy, specialize on application and countermeasure against infringement dispute, participate for formation and standardization of Patent Pool, strive for specialization regarding technical transfer and license management.

• Korean Security Journal
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• no.11
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• pp.37-60
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• 2006

The area of security service has been maintaining the high growth curve annually by improving security consciousness from increase of the income and the progress of public services's level by the accomplishment in the info-communication field, recently the demand for unmanned security system is extended form commercial purposes into public offices and individual's houses. In addition to, the possible distance of offering services is scheduled to magnify. At the period when security company's influence has been becoming significant, the injustice transaction is the serious factor which obstructs the development of security companies. Therefore, it is urgent thing to devise counterplans to extirpate injustice transactions. There are the legalistic approaches of the breakthroughs against injustice transactions. One thing is settling the standard of the judgment and the other is renovating the provision of injustice transactions. Utilizing the principles of the fair competitions and importing self-obedience programs within the range of trade actions which is permitted by law, acted as the system approach. Moreover, there are such three things which can achieve mutual balances as establishing the range of the permitted action toward business corporations, applying spontaneously the fair competition principles and introducing the system of standard agreements. Gong further, this can establish order of security service areas and control them. Besides, it is possible for every organizations to make and operate the system appropriately by importing the self-observance system.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.2 no.2
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• pp.121-155
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• 2007

This paper was based on the answers of the BI(Business Incubating) managers who had been working in the business incubating field. The main purpose of this research was to figure out working conditions of those managers and to find out proper solutions. The result of the research was as follows. Overall economic rewards for those managers were relatively low level, job conditions for those managers were short-time contract-basis and those managers' ages were relatively young, 20s or 30s, and majority of the managers' working experience was usually less than 3years. Also some of the full-time managers were spending much of their working time in administration affairs rather than practical business incubating or business incubating consulting service. Therefore, the satisfaction level for their salary and working condition was quite unsatisfactory and they didn't have positive vision for their job and for their business consulting service. As a result to resolve those negative affects and to promote overall working for those BI managers, authorized certificates are necessary for those BI managers. Then they can specialize BI managing works and can improve their working conditions by blocking non -certified workers and can advance the quality of their consulting service.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.20 no.8
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• pp.1607-1614
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• 2016

Because required weapon systems in the planning stage exceed the extent of defense budget, we should consider the priorities of them in the programming and budget stage. The purpose of this paper is to find out the factors that affect the prioritization of required weapon systems limited by budget. For this purpose, we analyse statistically major 20 defense projects launched in 2014. We derived the reasons for prioritization through the pairwise comparisons and also extracted six representative factors through the Exploratory Factor Analysis(EFA). The KMO was 0.779 and the total variance explained was 79.59%, Cronbach's Alpha was above 0.7 which means EFA was appropriate to accept. The significance of this paper is that influencing factors on prioritization was derived by the comparisons using the present weapon systems and people in charge of defense acquisition. The factors can be utilized in AHP or Delphi to determine the priority and ultimately contribute to rational judgement for the military strategy objectives within the limited resources.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.481-486
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• 2008

Standard Estimating System, which can be used for estimating a construction cost, has been pointed out having some problems such as non-reflecting a variety of construction environments and site conditions, non-adapting new technologies and methods since it was established in 1970. For solving these problems, the Korean Institute of Construction Technology(KICT) has chosen organizations for amending Standard Estimating System. However they have had many mistakes in the process of amending works because of non-establishing amending process and absence of the depreciation measurement method. This research derived the necessity to improve the amending process of the Standard Estimating System, and presented the detailed amending process and the performing method in the each process. Furthermore, this research proposed the depreciation measurement method available for the construction industry by means of analyzing researches that performed in the manufacturing industry and the measurement method for depreciation of general accounts.

• The Journal of Society for e-Business Studies
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• v.15 no.4
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• pp.265-284
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• 2010

B2B e-commerce guarantee service is a guarantee service combining the electronic systems among Korea Credit Guarantee Fund(KCGF), banks and e-marketplaces to process all procedures on internet ranging from application for credit guarantee, issue of written guarantee and contracting for a commerce to payment. B2B e-commerce guarantee service plays as an intermediary role in financial support for small and mediumsized enterprise(SME), which are small size, low credit level, and unfavorable status in many aspects compared to major companies. Despite the B2B e-commerce guarantee service has various advantages conducive to promotion of e-commerce among small and medium businesses as well as development of e-commerce itself, it has yet to be diffused due to lack of acknowledgement, misunderstanding of its functions and vague psychological fear of the on-line settlement. Thus, this study identifies the values and effects of the B2B e-commerce guarantee service using financial data and cases. The process of this study is 4 phase. first phase is analysis of B2B e-commerce guarantee service and e-Marketplace. second phase is analysis of performance from the Perspective of Diverse Participants. third phase is analysis of economic performance and support for SME. last phase is policy suggestions and conclusion.

• Korean Journal of Construction Engineering and Management
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• v.7 no.5
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• pp.159-166
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• 2006

It was found that Korean Standard of Estimate which has been used as the only basis of cost estimate of public construction projects had some side effects such as jerry-build construction and over-estimation because it failed to reflect the current price and the state-of-the-art construction methods in a changing construction environment. Therefore, the government decided to gradually introduce historical construction cost into cost estimate of public construction projects from 2004. This paper presents analytic criteria and a process model for deducing more current and reasonable historical construction cost for contract items from not only previous contract prices but also all of the other bid prices that were not contracted. The procedure of estimating actual unit cost proposed in this paper focuses on the removal of abnormal values including strategically too low or high prices and the time correction. In addition, basic research is conducted for the correction of actual unit cost through the analysis of fluctuation of bid price depending on bidding types and rates of successful bid. It is anticipated that the effective use of the proposed process model for estimating actual unit cost would make the cost estimation more current and reasonable.

• Korean Journal of Construction Engineering and Management
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• v.19 no.3
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• pp.61-69
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• 2018

The buildings are getting enormous and more complex as well as the requirement of the owner which wants diverse and efficient. Moreover advanced management is necessary for construction services and a new method of delivering project is now required. In order to expand the delivering method and the construction industry, we have to introduced the CM at Risk method. However, despite the fact that six years have passed already the CM at Risk regulation was introduced, the contract amount in significantly lower than that of the CM for fee, and also there is no CM at Risk project in the public sector. As a result, three pilot projects are currently underway for the LH(Korea Land & Housing Corporation) in order to set up a CM at Risk for the public sector. However, detailed regulations related to CM at Risk have not yet been implemented in Korea. Therefore, in this study, I am trying to understand the risks that could incur when practitioners participate in the three pilot projects that are currently underway and employed in the public sector wherein the CM at Risk is normally introduced. Based on the results of this study, It will be able to utilize as a basic data for future CM at Risk delivery system improvement and enactment.