• Title/Summary/Keyword: 계약조건

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Optimal Contract under the Nagoya Protocal for the Benefit Sharing (나고야의정서 하에서 생물유전자원 이용의 최적계약 연구)

  • Park, Hojeong;Jung, Byenggoan
    • Environmental and Resource Economics Review
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    • v.26 no.1
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    • pp.85-101
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    • 2017
  • The objective of the Nagoya Protocol is to enhance biodiversity by the mean of economic incentives but there has been yet consistent lack of realized contracts between genetic resource users and holders due to the asymmetric information among the parties. This paper presents a principle-agent model to provide optimal contracts under asymmetric information in order to achieve the sustainable biological resource. The model concludes the royalty contracts over the fixed lump-sum benefit transfer as profit sharing mechanism.

A Theoretical Model for the Choice of Alternative Work Arrangements (비정형근로 유형의 선택에 대한 이론적 모형)

  • Rhee, Chong-Hoon
    • Journal of Labour Economics
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    • v.29 no.1
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    • pp.75-98
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    • 2006
  • This study shows a theoretical model, based on transaction cost theory, for the choice of alternative work arrangement, Suppose that standard labor contract (permanent and full-time) is a typical labor contract of within-organization transaction and alternative labor contracts of variety are in the spectrum between market and within-organization transaction, the type and size of the market transaction cost for a specific labor would determine the appropriate labor contract. Firm-specificity and level of skill, scope and uncertainty of tasks, and duration of contract are the major determinants of transaction cost which, in turn, determines the type of labor contract. This theoretical model implies that there will be occupational segregation between standard and alternative work arrangements and that the legal regulations for protecting employment and wage of non-standard workers might not be so effective as expected.

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A Study on the Development of a Contracted Education Program Model for the Korean Dual Education System (일학습병행을 위한 계약학과 운영모델 개발 연구)

  • Om, Kiyong;Kang, Kiho;Rim, Kyung-Hwa
    • Journal of Practical Engineering Education
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    • v.8 no.1
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    • pp.63-68
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    • 2016
  • As job mismatch intensifies in the employment market, the work based learning has emerged as a solution to this social problem. The so called Korean dual education system is expected to raise jobseekers equipped with knowledge and skills demanded by industry. This study intends to recommend an effective operational model for contracted education programs at higher institutions in order to support soft landing of Korean dual education system. Students of contracted education programs are adults graduated from vocational high schools and working for companies during weekdays. In consideration of the difficulties experienced by employee students, more flexible operation of academic affairs is required. To address these challenges, the recommended contracted education model includes such beneficial features as S-OJT courses, standard curriculum based on National Competency Standard, recognition of prior learning, flipped classroom, and tutoring system. In the last part, several directions for implementing the new contracted education model are discussed.

A Study on Economic Evaluation of Small KSO Field in Indonesia (인도네시아 소규모 KSO 광구의 경제성 평가 연구)

  • Moon, Seo-Yoon;Choi, Youngil;Lim, Jong-Se;Huh, Seung-Kyun;Jeong, Kwang-Seok
    • Journal of the Korean Society of Mineral and Energy Resources Engineers
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    • v.55 no.6
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    • pp.624-634
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    • 2018
  • Indonesia has become a net crude oil importer because of the reduction of a new oil field discovery, and Indonesia is attempting to raise investment funds through the Kerja Sama Operasi (KSO) contract to develop a small-scale field. However, the KSO has a high-risk and low-return contract system for investors, necessitating an economic evaluation to examine the feasibility of the project. This study performed economic evaluation on the development of an Indonesian small-scale field by applying the KSO contract conditions, and identified the major economic parameters through a sensitivity analysis. As a result, the oil price, CAPEX and OPEX were identified as influential factors for economic evaluation. The results also indicate that commercial production in small-scale fields is difficult. In the future, this study can be used as a reference resource for investment in oil and gas development projects in Indonesia.

Survival analysis for contract maintenance period using life insurance data (생명보험자료를 이용한 계약유지기간에 대한 생존분석)

  • Yang, Dae Geon;Ha, Il Do;Cho, Geon Ho
    • The Korean Journal of Applied Statistics
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    • v.31 no.6
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    • pp.771-783
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    • 2018
  • The life insurance industry is interested in various factors that influence the long-term extensions of insurance contracts such as the necessity for the advisors' long-term management of consumers, product consulting, and improvement of the investment aspects. This paper investigates important factors leading to a long-term contract that forms an important part of the life insurance industry in Korea. For this purpose we used the data of contents (i.e., data from Jan 1, 2011 to Dec 31, 2016) of the contracts of xxx insurance company. In this paper, we present how to select important variables to influence the duration of the contract maintenance via a penalized Cox's proportional hazards (PH) modelling approach using insurance life data. As the result of analysis, we found that the selected important factors were the advisor's status, the reward type 2 (annuity insurance) and tendency 4 (safety-pursuing type).

A Study on the Judgement Criterion of Arrived Ship under Voyage Charterparty (항해용선계약상 도착선의 판단기준에 관한 연구)

  • Han, Nakhyun;Lee, Jaesung
    • 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.

A Study on the Ship Sale and Purchase Brokers' Liability as Agent in English Maritime Law (영국 해사법상 선박매매 브로커의 대리인 책임에 관한 일고찰)

  • Jeong, Seon-Cheol
    • Journal of Navigation and Port Research
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    • v.37 no.6
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    • pp.617-625
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    • 2013
  • "Sale and purchase brokers" are independent contractors who act as agents for principals intending to seller or buy ships in English Maritime Law. The essential feature is that legal position of shipbroker is largely one of agency. They can be obtained by a study of the Lloyd's Register or the equivalent registers of other Classification Societies, the American Bureau of Shipping and Korean Registers. Such a broker is of valuable assistance to the prospective seller or purchaser. And the broker's liability normally arises in the context of a contract. But, expressed in general terms, those contractual obligations are, in absence of contrary agreement, to act with reasonable care and skilled to obtain the cover requested by his client not to guarantee that such will be concluded and to ensure that the scope of the policy, its essential terms and relevant exclusions are made known to the insured. Acting in this professional capacity, the broker's liability are such that the facts upon which an action for breach of contract may be based may also found an action for the trot of negligence provided that there is shown to be the necessary 'assumption of responsibility' by the broker conveyed directly or indirectly to the insured. This thesis deals with liability of S&P Brokers, the legal problems of ship broking, commission, conflicts of interest and secret commissions in English Maritime Law and the Cases.

Deriving Key Risk Sub-Clauses of General Conditions of FIDIC White Book - Based on FIDIC Client/Consultant Model Services Agreement, 5th edition 2017 - (FIDIC White Book 일반조건 핵심 리스크 세부조항 도출 - 피딕 클라이언트/컨설턴트 모델 서비스 계약, 2017년 5판 기준으로 -)

  • Jei, Jaeyong;Hong, Seongyeoll;Seo, Sungchul;Park, Hyungkeun
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.2
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    • pp.59-69
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    • 2023
  • FIDIC White Book is a Model Services Agreement between the Client and the Consultant. This study aimed to derive the Key Risk Sub-Clauses out of 63 Sub-Clauses of General Conditions of the FIDIC White Book by using the Delphi technique. A panel of 40 experts with more than 10 years of experience and expertise in overseas construction services agreements and FIDIC White Book was formed, and the reliability was improved in the direction of increasing the consensus of experts through a total of three Delphi survey processes. In the first Delphi survey, a closed-type survey was conducted on the impact of risk among 63 Sub-Clauses of General Conditions on a Likert 5-point scale, and 26 main risk Sub-Clauses were derived. The Content Validity of the results of the first Delphi survey was verified with the CVR value. In the 2nd and 3rd Delphi surveys, a closed-type survey was conducted on a Likert 10-point scale for 26 main risk Sub-Clauses and the risk possibility and impact of each main risk Sub-Clause were evaluated. The reliability of the 3rd Delphi survey result was verified with the COV value. Total 14 Key Risk Sub-Clauses were derived by applying the average risk possibility and impact of each of the 26 main risk Sub-Clauses to the PI Risk Matrix. The results of deriving Key Risk Sub-Clauses showed that agreement on specific scope of service, delay management, and change management were the most important. As a result of this study, from a practical point of view, consultants of consulting companies provide guidelines that should be reviewed to minimize contractual risks when signing service contracts with clients. From an academic point of view, the direction of research on deriving key risks related to service contracts for consultants participating in overseas construction is presented.

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.

The effect of Territorial Restraint in Food&Beverage Similar Brand Extension (외식 프랜차이즈 거래에서 지역제한(Territorial Restraint)이 가맹본사의 브랜드 확장에 미치는 영향)

  • Lim, Chae-Un;Lee, Joseph;Yi, Ho-Taek
    • Journal of Distribution Research
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    • v.15 no.5
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    • pp.217-235
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    • 2010
  • In franchise industry, territorial restraint is a system that imposes exclusive right to franchisers in a certain business area. To the franchisers, this system guarantees monopoly profits in a local market and exclusive rights during the contract periods. In such a way, franchisee generates a big revenue at once on the basis of franchiser's initial investment such as interior cost and franchise fee, it must have supervised franchiser's moral hazard for the territorial restraint agreement. Rather than territorial restraint can be a system to give exclusive right to franchiser's so that they neglect their own sales and too much rely on headquarter's brand and marketing activities without their own efforts. This paper assesses the implication of territorial restraint by examining the effect on brand extension, degree of contract termination. Drawing on research in transaction cost agreement and opportunism, the authors suggest that franchisee is highly likely to launch similar brand which is not effected on previous contract when territorial restraint is set out in the contract system. Moreover, the authors find that the degree of contract termination will be high in the existence of territorial restraint due to the franchisee's opportunism. The results imply that territorial restraint induces franchisee's opportunistic strategy more aggressively so that the possibility of brand extension or new brand launching will be increased. At the same time, franchisee is aggressively seeking for the reason for contract termination due to the pursuit of its profit maximization. Based on some empirical findings, this paper concludes with policy implications and some necessary fields of future studies desirable.

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