• 제목/요약/키워드: Contract Based Department

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Amiable Composition in International Arbitration

  • Yildirim, Ahmet Cemil
    • 한국중재학회지:중재연구
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    • 제24권3호
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    • pp.33-46
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    • 2014
  • Amiable composition is a means of dispute resolution based on the arbitrator's authority to base his decision on equity. Although this method has been used frequently in the last decades of the 20th Century, the number of the published awards by amiable compositeur arbitrators is getting lower and lower. The reason(s) for unpopularity of amiable composition should be sought in its very nature, in its relationships with other institutions such as arbitration in law, equity, ex aequo et bono arbitration, other means of dispute resolution and in its role in the development of the rules specific to international commerce. A brief look at the history of law shows that the concept of equity comes to the scene every time that the rigidity of the rules of law challenges the justice. This has been the case in the 20th Century with respect to international commercial law which was deprived of specific rules. The role of amiable composition has been to contribute to the development of the rules specific to international commerce. The progressive codification of such rules in the last decades is also owed to amiable composition, which has accomplished its mission in the evolution of these rules.

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On eBay's Fee Structure from a Channel Coordination Perspective

  • Chen, Jen-Ming;Cheng, Hung-Liang;Chien, Mei-Chen
    • Industrial Engineering and Management Systems
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    • 제9권2호
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    • pp.97-106
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    • 2010
  • Can eBay.com's fee structure coordinate the channel? It's a critical strategic problem in e-commerce operations and an interesting research hypothesis as well. eBay's fees include three parts: monthly subscription fee, insertion fee, and final value fee (i.e., a revenue sharing portion), which represent a generic form of revenue sharing fee structure between the retailer and the vendor in a supply chain. This research deals with such a channel consisting of a price-setting vendor who sells products through eBay's marketplace exclusively to the end customers. The up- and down-stream channel relationship is consignment-based revenue sharing. We use a game-theoretic approach with assumption of the retailer (i.e., eBay.com) being a Stackelberg-leader and the vendor being a follower. The Stackelberg-leader decides on the terms of revenue sharing contract (i.e., fee structure), and the follower (vendor) decides on how many units to sell and the items' selling price. This study formulates several profit-maximization models by considering the effects of the retail price on the demand function. Under such settings, we show that eBay's fee structure can improve the channel efficiency; yet it cannot coordinate the channel optimally.

해상보험계약에서 최대선의원칙에 따른 고지의무에 관한 연구: 2015년 영국보험법과 관련하여 (The Duty of Disclosure under the doctrine of Utmost Good Faith in Marine Insurance Contract: In connection with the UK Insurance Act in 2015)

  • 김재우
    • 무역학회지
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    • 제44권3호
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    • pp.137-154
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    • 2019
  • This study analyzes the major provisions of the UK Insurance Act 2015 and Marine Insurance Act 1906 on the duty of disclosure under the doctrine of utmost good faith. Marine insurance contracts are based on "utmost good faith" and one aspect of this is that MIA 1906 imposes a duty on prospective policy holders to disclose all material facts. In the Insurance Act 2015 of the United Kingdom, the contents of the precedent were enacted such that we have borrowed the legal principles of common law until now. The insurer is required to more actively communicate with the insurer rather than passively underwriting and asking questions of the insured. The Act details the insured's constructive knowledge of the material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk. This is a default regime, which may be altered by agreement between the parties.

The Way of Improving the Working Environment for Female Workers on Construction Site Based on Construction Welfare Facilities

  • Pak, Sungsine;Shin, Chang-Keun;Lee, Sang-Hak
    • Architectural research
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    • 제22권2호
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    • pp.63-73
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    • 2020
  • This paper reports problems of current working environment on construction site in South Korea from a female laborers' point of view and proposes solutions to improve the environment. To investigate and analyze the problems, a questionnaire survey and a focus group interview were conducted with 341 engineers and 557 laborers. Among them female engineers and female laborers were 51 and 136 respectively. Findings are the facilities related with welfare facilities such as lavatories, shower rooms, lounges and changing room, etc. for women were not sufficient and even not installed only for women because all of the planners for the facilities were men and The Standard of Estimate does not consider gender distinction. The data on the trade and the number of female laborers were not recorded and this study confirmed the number and the proportion of female laborers according to construction progress i.e. the proportion of female laborers were 0% ~ 11% (average 6%) at 26 construction sites having 2% ~ 92 % construction progress. In order to solve these problems, gender education for the welfare facility planner is required and the current Standard of Estimate should be revised considering female laborers after collecting the site data for the number of female laborers according progress and the increase in the construction cost should be reflected in the contract amount accordingly. Conclusively temporary work planning related with welfare facilities should be established and conducted in terms of gender equality at construction sites. In addition, improving working environment on construction sites for female laborers will enhance the company's image and also helping solve the labor shortage problem by women laborers engaging in construction industry easily.

중소기업 매출채권보험 활성화를 위한 블록체인 적용방안 연구 (A Study on the Application of Blockchain to Accounts Receivable Insurance to Small and Mid-Size Businesses)

  • 권혁준;김협
    • 한국전자거래학회지
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    • 제24권4호
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    • pp.135-149
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    • 2019
  • 매출채권보험은 거래상대방의 채무불이행으로 인한 중소기업의 손실 발생위험을 제거하는데 매우 효과적인 수단이며, 기업의 연쇄도산을 막음으로써 경제적으로 국내 중소기업을 보호하는 제도이다. 하지만 이러한 유용성에도 불구하고 중소기업들은 매출채권의 소유권 확인 및 이전 문제, 가입의 복잡성 등으로 현재 활용도가 저조한 실정이다. 이에 본 연구는 매출채권보험의 활성화를 위하여 프라이빗 블록체인(Private blockchain) 기반의 매출채권보험 플랫폼 구축을 제안하였다. 제안된 매출채권보험 플랫폼은 보험 가입의 편의성과 신뢰성 검증에 대한 기존 문제를 해결할 수 있을 것이다. 또한, 블록체인 기술을 기반으로 신속한 거래속도를 확보하고, 네트워크 확장의 용이성과 접근 관리를 통해 중소기업을 위한 매출채권보험 가입 활성화에 도움을 될 것으로 기대한다.

메타마스크와 연동한 블록체인 기반 사용자 인증모델 (A Blockchain-based User Authentication Model Using MetaMask)

  • 최낙훈;김희열
    • 인터넷정보학회논문지
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    • 제20권6호
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    • pp.119-127
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    • 2019
  • 본 논문은 사용자 인증과 개인정보의 관리를 위해 중앙집중화된 서버를 사용하는 서비스 제공자들의 개인정보 탈취와 그로인한 개인정보 도용 문제의 해결을 위한 새로운 인증 모델을 제안한다. 탈중앙화 플랫폼인 블록체인을 통해 사용자 인증과 정보저장공간을 제공해 중앙집중화 이슈를 해결하며, 사용자별 대칭키 암호화를 통해 정보의 기밀성을 보장한다. 제안 모델은 퍼블릭 블록체인인 이더리움과 웹기반의 지갑 확장프로그램인 메타마스크를 이용해 구현되었으며, 사용자는 브라우저상에서 메타마스크를 통해 이더리움 메인네트워크에 접속해 스마트 컨트랙트에 암호화한 개인정보를 저장한다. 향후 사용자는 새로운 서비스 이용을 위해 자신의 이더리움 계정을 통해 서비스 제공자에게 개인정보를 제공하며, 이 과정은 가입이나 새로운 인증과정 없이 사용자 인증과 개인정보를 제공한다. 서비스 제공자는 별도의 인증 방식 및 개인정보의 저장을 위한 비용을 절감하고 개인정보유출로 인한 문제를 방지할 수 있다.

블록체인 기반 공급망 추적성 분야 연구 동향 분석 (Analysis of Research Trends in the Field of Blockchain-based Supply Chain Traceability)

  • 이종옥;권오훈
    • 정보화정책
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    • 제28권2호
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    • pp.3-33
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    • 2021
  • 본 논문의 목적은 4차 산업 핵심 기술 중의 하나인 블록체인에 대한 비즈니스적 관점의 해석을 통해 기술과 경영의 괴리를 축소하여 블록체인의 비즈니스화를 촉진하고, 동 분야에 대한 국내외 연구 동향을 분석하여 향후 연구방향을 제시하기 위함이다. 본 연구에서는 '구글학술검색', 'ScienceDirect' 및 'DBpia'를 통해서 식별된 블록체인 관련 연구문헌과 블록체인 기반 공급망 추적성 분야의 연구논문(해외 109편, 국내 6편)을 분석한 결과를 요약하면 다음과 같다. (1) 분산애플리케이션을 지향하는 3세대 블록체인이 등장한 이후 관련 연구가 활성화되고 있다. (2) 주요 연구분야는 기술(공학) 분야는 블록체인의 확장성 영역에, 비즈니스(적용) 분야는 블록체인기반 공급망 추적성 분야에 집중되어 있다. (3) 해외에 비해 국내 연구결과는 매우 열악하다. (4) 향후 4차 산업 사회의 구현과 글로벌 협업을 위해 블록체인을 기술이 아닌 비즈니스 서비스의 수단이라는 인식이 확산되어야 할 것이다.

Determinants of Opportunism between Franchisor and Franchisee: Focusing on the Moderating Effect of Startup Experience

  • LEE, Jibaek;LEE, Hee Tae;BAE, Jungho
    • 한국프랜차이즈경영연구
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    • 제12권1호
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    • pp.35-44
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    • 2021
  • Purpose: This study examines the opportunism moderating effect by the startup experience in the relationship between franchisor and franchisees. In the case of a franchise system that has a continuous relational exchange transaction, relationship management is a very important activity because the relationship management between franchisor and franchisees improves the quality of the relationship. Nevertheless, there is insufficient of research on opportunism, which is a negative factor in managing the relationship between franchisor and franchisees in continuous relationship. Research design, data and methodology: This study, we explore the cause of opportunism based on transaction cost theory through prior research and establish a research model based by goal incongruity, uncertainty, information asymmetry, transaction specific assets, the relevance to determinant of opportunism and the startup experienced which is a moderating variable. To verify several hypotheses, the data were collected from 300 out of 1,760 domestic franchisees and analyzed using multiple regression analysis with SPSS program. Results: The findings are as follows. Goal incongruity did not affect opportunism. Opportunism increased as uncertainty increased, and as information asymmetry increased, opportunism increased. An opportunism decreased as transaction specific assets increased. Moreover, the findings show that startup experience only plays a moderating role in the relationship between information asymmetry and opportunism. Therefore, 4 out of 8 hypotheses were supported. Conclusions: The findings show that uncertainty, information asymmetry, and transaction specific assets are the determinants of opportunism. In addition, the results of the analysis of the moderating role of startup experience show that the less entrepreneurial experience, the greater the influence of information asymmetry on opportunism. Our findings mean that maintaining a successful relationship between franchisors and franchisees is possible when franchisors provide knowledge sharing, goal sharing, environmental sharing, and management information sharing to franchisees. In addition, the findings of this study shows that the contract content and management should be changed according to the entrepreneurial experience. In other words, the franchisors must share and integrate the accumulated franchisees' and franchisors' experience with the franchisees to create a synergy that can lead to successful bilateral relationship maintenance, which in turn reduces opportunism.

병원 영양부서 평가지표에 대한 중요도-수행도 분석 (Importance-Performance Analysis of Evaluation Indicators in Hospital Nutrition Department)

  • 이주은
    • 대한영양사협회학술지
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    • 제18권4호
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    • pp.326-343
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    • 2012
  • This study has attempted to collect actual spot's opinions and analyze importance-performance of indicators for the evaluation of hospital nutrition department. The results of this research were as follows: first, the average score of self-estimated performance was 3.75 based on a 5-point scale. The degrees of importance of hospital foodservice and nutrition department management were in the range of 3.71~4.85 out of 5.0 and the mean importance degree score was 4.37. Second, the average score of self-estimated performance in each category was significantly higher in the case of general special hospital compared to general hospital. Especially average performance score of nutrition management in the general special hospital was higher than that of general hospital (P<0.001). The average performance score of the hospital with more beds was significantly higher than that with less beds. Contract managed hospital's score was significantly higher than that of self-operated hospital in two categories, "facilities management" and "nutrition management" (P<0.05, P<0.01). In foodservice and nutrition management of task-separated hospitals, the average performance scores were significantly higher than those of not-separated hospitals (P<0.01, P<0.001). Third, according to the importance-performance analysis of recognition about indicators for the hospital nutrition department's operations evaluation, 'foodservice facilities management' and 'foodservice sanitation management' were in 'doing great', 'nutritional management' and 'operational management' were in 'low priority', and 'other foodservice management' was in 'overdone'. In conclusion, there's a need for institutional specific standards of sanitation for Korean hospital foodservice.

A Study on Collavorative SCM for O2O Startups

  • KIM, Dong-Yun;KIM, Joon-Seok
    • 산경연구논집
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    • 제10권12호
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    • pp.43-55
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    • 2019
  • Purpose : With the proliferation of O2O platform services that combine offline and online services, many startups are fiercely competing to lead services in the O2O service market. While the prospects for growth in the O2O service market are optimistic because of the close convenience to life, startups can achieve corporate performance only through close cooperation and partnership with suppliers. The purpose of this study is to verify the effect of O2O-based startups' and suppliers' cooperation in supply chain management on SCM performance through supply chain partnerships and startup satisfaction with suppliers. Research design, data, methodology : Data were collected from O2O service-based startups and hypotheses were verified through frequency analysis, exploratory factor analysis, reliability analysis, confirmatory factor analysis, feasibility analysis, and structural equation path analysis. In addition, the mediating effects of supply chain partnerships and startup satisfaction on suppliers were verified. Results : As a result of this study, IT utilization of the O2O startup cooperation method affects the financial perspective of supply chain partnership and SCM performance. The contract implementation of the cooperation method had an impact on the financial and innovation growth perspectives of the SCM performance, and the communication of the cooperation method had an effect on the supply chain partnership, startup satisfaction in the supply chain, and the innovation growth perspective of the SCM performance. Supply chain partnerships had an impact on the financial, innovation growth, and customer perspectives of SCM performance and startup satisfaction within the supply chain had a significant effect on innovation growth and customer perspectives. Conclusions : The implications of this study identified the factors that can improve SCM performance through the cooperation method of O2O startup, supply chain partnership and startup satisfaction with suppliers, and it is significant that the causal relationship was identified by the structural model through the supply chain cooperation factors derived by characteristics. Based on the empirical results, as the services of O2O startups grow, it is expected that empirical research and practical activation of academia should be considered as important in the cooperation of the supply chain.