• Title/Summary/Keyword: 사회계약

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A Delay Analysis based on the Comparison of the As-planned Schedule, As-built Schedule including All Delays and As-built Schedule absent Owner Delays (계획공정표, 모든 지연을 포함한 준공공정표, 발주자 지연을 제외한 준공공정표의 비교를 통한 공기지연분석)

  • Yun Chul-Sung;Chu Hae-Keum;Kim Seon-Gyoo
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.426-429
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    • 2003
  • In the construction process, there are many change orders differing to the initial contracts came from the social needs and environmental changes. Most of them will impact to the construction process so that its effects occur project delays. Time extension and liquidated damage in the construction process come from schedule delay whether it is excusable or not non-excusable by the owner. However, those become the delay claims if the owner and the contractor are not agreed on this situation. One of the most important thing on the delay claims is the calculation of delay. The purpose of this study is to present the method of the time delay calculation by comparison of As-Planned schedule, As-Built schedule including all delay and As-Built schedule absent owner delay.

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A Study on the Improvement of Total Cost Change Control in Private Investment Projects (민간투자시설사업에 있어 총사업비 변경관리의 개선방안 연구 - 고속도로 민간투자시설사업을 중심으로)

  • Kim Se-Jong;Kim Yong-Su
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.119-126
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    • 2001
  • This paper analyzes problems related to total cost changes in private investment projects, and then proposes an improvement measure for the control of cost changes within the framework of the project management, contract, human resource, project communication, cost, and time management. From the viewpoint of contract management, the basis of cost change ought to be cleared up with standardization of related provisions in the concession agreement, and potentiality of change ought to be excluded with prescription of the private investor's leading role from the design phase. Regarding human resource management, this paper proposes a standard work flow granting much sovereign rights to private parts by putting restriction on work scopes of the entrusted authority of government, and transferring the rights of assignment, contract, and control about the responsible supervisor to the concessionaire. With regard to project communication management the notification of changes on drawings and technical documents ought to be automated and the realtime database ought to be established with DMIS (Drawings & Documents Management Information System). From the cost management point of view, this thesis integrates the control of cost-change-approved items and disapproved items to one cost breakdown system, and then harmonizes the actual progress with EVMS in time management.

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A Study on the Conclusion of Electronic Commerce (전자상거래계약(電子商去來契約)의 성립(成立)에 관한 연구(硏究))

  • Lee, Kee-Hee
    • Korean Business Review
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    • v.11
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    • pp.439-464
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    • 1998
  • Global electronic commerce, driven by the development of the Internet and computer, premises to be an important engine for growth for the world economy in the 21st century. Electronic commerce offers considerable new opportunities for businesses and citizens in all regions of the world by enhancing productivity across all sectors 6f our economies and encouraging trade in both goods and services. Specially in relation to contract, electronic commerce requires a coherent, coordinated approach internationally on key issues such as a validity, a legality, consumer protection. In order to ensure the stable growth of electronic commerce in Korea, the government needs to construct a predictable legal and commercial environment, suitable to the situation in Korea, for business conduct on the Internet and other electronic method. Electronic commerce, which breaks down national boundaries and widens the gap between the place where services are performed and the place where they are consumed, requires a new paradigm when making an agreement between contracting parties.

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A Study on the Effect of Female Insurance Planners' Personal Traits on Job Performance in Dangjin, Chungnam (충남 당진지역 여성보험설계사의 개인적 특성이 직무성과에 미치는 영향)

  • Kim, Jeong Hwa;Lee, Un Sung;Yoon, Kyun Seong;Lim, Sang Ho
    • Industry Promotion Research
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    • v.1 no.2
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    • pp.103-108
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    • 2016
  • This study analyzed the effect of female insurance planners' personal traits on job performance in Dangjin, Chungnam. The study results showed that job importance recognition(p<.05, ${\beta}=.321$) significantly affected job satisfaction, so highly recognizing the importance and social reputation improved job satisfaction. Personal traits didn't significantly affected contract performace and workplace satisfaction, but job performance varied by continuos service year. This study provided implications by finding out the degree of importance of personal traits on job performance improvement and verifying the effect of personal factors on performace enhancement of female insurance planners.

The Study on the Musical Theatre Industry of America -Focused on the Foundation of Artists' Unions and the Expansion of Their Interests- (미국 뮤지컬 산업 연구 -미국 공연예술분야 조합의 형성과 권익 신장에 관한 연구-)

  • Jung, Young-Mee
    • The Journal of the Korea Contents Association
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    • v.15 no.6
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    • pp.115-124
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    • 2015
  • In recent days, the issues regarding the artists' status as labor and improvements of laboring circumstances, creating the well-fare system for artists are raised in our society. This paper searches for the process of various artists unions which are performing the important roles in the musical theatre industry in the U.S.A. The artists unions have developed the bargaining contracts and strengthened the protection of their original works. The discussions among many unions provide useful information to the independent artists when they make contracts in our Korean musical theatre market.

A Study on the Seller's Delivery Obligation in the International Sale of Goods - Focused on the CISG, Incoterms, Chinese Contract Law, Korean Civil Code - (국제물품매매에서 매도인의 인도의무에 관한 연구 - CISG, Incoterms, 중국 합동법, 한국 민법을 중심으로 -)

  • Hyeong, Ak-sim;Park, Sung-ho
    • Korea Trade Review
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    • v.42 no.2
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    • pp.29-52
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    • 2017
  • This research employed a comparative legal analysis to explore the rules of CISG, Incoterms 2010, Chinese Contract Law, and Korean Civil Act with precedent researches and present customs in the international sale of goods. The results of this study show that there are some differences in the provisions of seller's delivery obligation to those regulations, such as the time and place of delivery goods, the conformity of goods on the contract, and delivery of documents. Therefore, the parties of contract, especially between Korean and Chinese traders, must be aware of the differences in the provisions of those selected regulations in order to reduce disputes between them, out of or in relation to or in connection with their sales contract.

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사내하청 노동자 조직화에 있어서의 작업장 요인과 지역사회 요인: 광양만권 철강산업지역의 사례

  • Kim, Jik-Su
    • Korean Journal of Labor Studies
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    • v.17 no.1
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    • pp.209-242
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    • 2011
  • 본 연구는 현대하이스코 순천공장과 포스코 광양제철소에서의 비정규직 조직화 비교를 통해 사내하청 노동조합의 조직화에 영향을 미치는 작업장 요인과 지역사회 요인들을 살펴보고자 하였다. 기존의 비정규직 노동자 조직화를 비롯한 노동운동, 노동조합 관련 연구들은 대부분 '생산의 정치'의 영역에서 비롯된 '작업장' 요인들에 초점을 맞추고 있다. 그러나 비정규직 노동자 조직화에 대한 보다 분석을 보다 발전시키기 위해서는 작업장뿐만 아니라 '스케일의 정치'가 작동하는 공간인 '지역사회' 또한 분석의 단위로 통합되어야 한다. 따라서 본 연구는 작업장에서의 정규직 및 비정규직 노동자들에 대한 관리통제와 실천뿐만 아니라, 지역사회의 다양한 요인들이 비정규직 노동자들의 조직화 시도에 어떠한 영향을 미치는지를 검토하고자 한다. 두 사례에서 사내하청 노동자들은 철강산업이라는 산업부문과 사내하청 고용형태에 속한다는 공통점 외에도 낮은 수준의 임금과 노동조건하에서 강한 불만을 지니고 있었으며, 원청 및 사내하청 업체의 강한 통제하에 놓여 있었다는 공통점을 지닌다. 그럼에도 포스코의 경우와 달리 현대하이스코 비정규직 노동자들은 격렬한 대중투쟁과 지역사회의 지원 속에서 성공적인 조직화를 이룰 수 있었다. 사내하청 노동조합 결성 과정 또한 상이하였다. 현대하이스코의 경우 누적된 사내하청노동자들의 불만이 계약해지를 계기로 일순간 터져 나오면서 작업장 점거농성을 비롯한 대중투쟁과 결합하였다. 나아가 현대하이스코 비정규직지회는 지역사회운동과의 연대를 통해 작업장의 문제를 전체 비정규직 노동문제로 확대해 나갔다. 반면, 포스코의 경우 초기 조직화의 범위가 제한적이었고 대중투쟁 또한 강하게 나타나지 않았으며 지역사회의 관심과 지원 또한 약하게 나타났다. 이상과 같이 두 사례를 비교 검토함으로써 비정규직의 조직화에 있어 비정규직 자체 동원기제와 정규직의 지원은 여전히 중요하게 작용하지만, 이것이 확보되지 않을 경우 지역사회를 비롯한 외부의 지원이 일정하게 작용함을 살펴볼 수 있었다. 그러나 이 역시 지역사회구조 및 지역사회운동의 성격에 영향을 받는 것으로 나타났다.

The Legal Nature and Problems of Air Mileage (항공마일리지의 법적 성격과 약관해석)

  • Kim, Dae-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.163-199
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    • 2010
  • A frequent flyer program is a loyalty program offered by many airlines. Typically, airline customers enrolled in the program accumulate frequent flyer miles corresponding to the distance flown on that airline or its partners. There are other ways to accumulate miles. In recent years, more miles were awarded for using co-branded credit and debit cards than for air travel. Acquired miles can be redeemed for free air travel; for other goods or services, such as travel class upgrades, airport lounge access or priority bookings. The first modern frequent flyer program was created Texas International Airlines in 1979. This program was also adopted in Korean Air in 1984. Since then, the mileage programs have grown enormously. As of June 2009, the total member of two national airlines in Korea had been over thirty million. However, accumulated miles could be burden of airlines, because the korean corporations should record the annual financial report the accumulate mileage on a liability account by 'the international financial report standards(IFRS)' next year. The korean airlines need to minimize the accumulated miles, so that for instance Korean Airlines SKYPASS-miles expire 5 years after being earned. It means that miles earned on or after July 2008 will expire after five years if unredeemed. Thus, this paper attempt to analyze the unfairness of the mileage rules of korean airlines by examining a specific portion of the conditions relating to consumer protection, because many mileage users has difficulties using mileage programs and complained the amendment of the mileage rules. In conclusion, the contemporary mileage rules in Korea are rather unsatisfactory, because airlines is not only recognizing a mileage into a kind of benefit but also denying inheritance of mileage and the legal nature of mileage as a property right. It is necessary to amend relevant mileage rules in view of consumer protection, because air mileage is not simple benefit but a right of mileage user.

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Introducing Contract-out in the Policing Service : Focusing on Policing segregated System (치안서비스의 민간위탁 도입에 관한 연구 : 치안분업모델을 중심으로)

  • Choe, Jung-Taek
    • Korean Security Journal
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    • no.12
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    • pp.309-333
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    • 2006
  • These days, the majority of public service area presents increment of utilizing a contracting-out with the following reasons such as cost-efficiency, maintenance of population changes in flexible manner, and convenience of management. The social changes have influence on policing structure and regional security system as well as problems associated with accepting the contracting-out in the public policing sector. However, many issues such as limited contracting-out sector, difficulty of encouragement of participation to private sector, and limitation of making a contract with contracting-out would be brought up when initiate contracting-out to the public policing sector. Changing security system to lower budget, planning restructure of organization, developing alterable partial contracting-out, establishing private and public cooperate system and rationalizing contract system are the suggestions to solve and modify the raising problems. This study suggests a differentiate regulation of policing services compare to currently existing contracting-out method to consider a distinctive working environment. The suggestions are as follows: 1. develop a security segregate model, 2. build a cooperative system between private and public policing sector, 3. broaden opportunity of participation of private policing sector, 4. open-competition among qualified private tender to make a contract. The private contracting-out in the public security service sector should be manage in different manner compare to other private contracting-out in government-oriented public service sector. Since work performance of each private contracting-out agency is strongly bond to safety of every civilian in the nation, it is essential to increase its standard of qualification of each agency.

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Apportionment of Liquidated Damages and Compensation for Delay Damages in Domestic Construction Project : Analysis and Improvement (국내 현행 공기지연 책임에 따른 지체상금 및 손실보상의 문제점 및 개선방안)

  • Kim, Kyong Ju;Kim, Kyoungmin;Kim, Jong Inn;Wei, Ameng;Kim, Eu Wang
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.1
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    • pp.12-20
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    • 2023
  • To calculate the amount of owner-caused and contractor-caused delays based on a simplified delay analysis, which has been customarily used in Korea, has a limitation in reflecting the impact of the concurrent delay and the acceleration work. It also resulted in the apportionment of liquidated damages by applying the ratio of the number of delays between the owner and the contractor. This study analyzes that the conventional method does not meet the international standards. In order to improve the problem of construction delay analysis and the apportionment of liquidated damages based on it, owner delays, contractor delays, concurrent delays, and the impact of acceleration should be analyzed together. This study suggests that in the apportionment of liquidated damages, the extension of time should be extended by the sum of concurrent delays and the owner-caused delays, and liquidated damages should be imposed on delays incurred after the extension of time. It can be seen that it conforms to the international standards. The results of this study are expected to contribute to improving the problems of delay analysis and liquidated damages calculation, which have been conventionally accepted.