• Title/Summary/Keyword: Contract Based Department

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Systematic Literature Review for the Application of Artificial Intelligence to the Management of Construction Claims and Disputes

  • Seo, Wonkyoung;Kang, Youngcheol
    • International conference on construction engineering and project management
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    • 2022.06a
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    • pp.57-66
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    • 2022
  • Claims and disputes are major causes of cost and schedule overruns in the construction business. In order to manage claims and disputes effectively, it is necessary to analyze various types of contract documents punctually and accurately. Since volume of such documents is so vast, analyzing them in a timely manner is practically very challenging. Recently developed approaches such as artificial intelligence (AI), machine learning algorithms, and natural language processing (NLP) have been applied to various topics in the field of construction contract and claim management. Based on the systematic literature review, this paper analyzed the goals, methodologies, and application results of such approaches. AI methods applied to construction contract management are classified into several categories. This study identified possibilities and limitations of the application of such approaches. This study contributes to providing the directions for how such approaches should be applied to contract management for future studies, which will eventually lead to more effective management of claims and disputes.

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Blockchain Property Registry and Smart Contract (블록체인 부동산 등기와 스마트계약)

  • Han, Zonghie
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.25 no.2
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    • pp.286-293
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    • 2021
  • Smart contract based on the blockchain technology can be applied to the real estate registry including transactions. The Ethereum coin using multi layered protocol is widely accepted as the token for the smart contract. Block chain smart contract using SOLIDITY or PYTHON can mediate transactions auch as sale or lease, creating various scenarios in the property market. Those smart contract can construct the basis for the blockchain real estate registry, which is expected to overcome conventional transaction costs concerning the national law system, the asymmetric information and the currency exchange. The advantages of blockchain technology, namely security, decentralization, global transparency and openness can be applied to the smart contract system on the property registry. Several countries have advanced such blockchain real estate registry project recently, but no actual implementation has been reported for years, owing to institutional and technological impasses.

Efficiency Analysis of Contract-managed Business and Industry Foodservice Operations Using Data Envelopment Analysis (자료포락분석(DEA)을 이용한 위탁급식전문업체의 산업체 급식소 효율성 평가)

  • Choi, Kyu-Wan;Park, Young-Min;Shin, Seo-Young;Kwak, Tong-Kyung
    • Korean Journal of Community Nutrition
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    • v.12 no.2
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    • pp.178-188
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    • 2007
  • This study was performed to suggest a new efficiency measurement indicator is necessary for evaluating management efficiency of food service operations in contract-managed foodservice companies, to distinguish efficient food service providers and inefficient ones by measuring comparative efficiency among food service operations, and to provide guidance for effective management through showing benchmarking targets for improving inefficient food service providers. The subjects of this study were the 93 B&I foodservice Operations of a domestic contract food service company. The analysis was conducted using CCR model in DEA model. A software, 'Frontier analyst', was used for the analysis. Based on the results derived from comparison of efficiency evaluation classified by providers with use of DEA, it was possible to identify efficient food providers and inefficient providers, and subsequently provide benchmarking guidelines for improvement of the inefficient groups. In analyzing the differences between the results of DEA efficiency evaluation by detailed operation status of food service providers, there was significant difference of efficiency outcomes in terms of contract types, while there was no significant difference in terms of business condition.

A Comparative Study on the Right to Avoid the Contract of the Buyer under SGA and CISG (SGA에서 매수인의 계약해제권에 관한 연구: CISG와의 비교를 중심으로)

  • Min, Joo-Hee
    • Asia-Pacific Journal of Business
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    • v.11 no.3
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    • pp.273-290
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    • 2020
  • Purpose - The purpose of this paper is to examine the buyer's right to avoid the contract under SGA and CISG. Design/methodology/approach - This paper has conducted literature reviews to analyze the right to avoid the contract of the buyer based on the comparative study. Findings - Under s. 11(3) of SGA, the breach of a condition and an intermediate which deprives the buyer substantially of the whole benefit of the contract may give rise to a right to treat the contract as repudiated. But under Art. 49 of CISG, the buyer has the right to terminate the contract where the seller's failure to performance amounts to a fundamental breach of contract. Regarding the breach of an intermediate and the breach under CISG, the buyer should take into account where the seller's breach is fundamental or not. Moreover, an anticipatory breach can give rise to a right to avoid the contract. The anticipatory breach of a condition justifies termination. The breach of an intermediate and the breach under CISG require an anticipatory fundamental breach of the contract. Under SGA, the buyer has to prove an anticipatory breach in fact but CISG does not require virtual certainty, which SGA has stricter criteria to assess an anticipatory breach. Research implications or Originality - Comparative study helps to understand the nature of provisions under SGA and CISG and suggests practical advice to choose applicable laws. SGA gives more certainty to classify a contractual term. In case of the breach of a condition including the anticipatory breach under SGA, the buyer does not have to ask how much serious the breach is. But CISG requires the fundamental breach of the contract, which means that the buyer has the more burden of proof compared with SGA.

A Comparative Study of the Legal Regulations on Contracting for Dangerous Work (위험작업 도급에 관한 법규제의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.3
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    • pp.279-286
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    • 2022
  • Objectives: South Korea's occupational safety and health legislation appears on the surface to have stronger regulations than any other country, but it is criticized for having many problems when viewed from the perspective of the effectiveness and universality of these regulations. Therefore, it is necessary to consider the validity of the regulatory content and the methods for contract work in South Korea. Methods: The main issues in contract work are compared and analyzed in terms of the occupational safety and health laws systems in South Korea and other developed countries. Based on this, problems related to contract regulation are derived from the perspective of legal policy studies. In addition, effective improvement measures for the derived problems will be proposed. Results: Other developed countries impose obligations suitable for the status and role of persons who entrust work in consideration of the fact that they do not directly manage risks and in terms of the effectiveness of industrial accident prevention. These countries generally impose obligations such as management of facilities and machinery, cooperation and coordination with subcontractors, cooperation and coordination obligations between subcontractors, and guidance obligations on a person who entrusts a work. Conclusions: It is difficult to achieve effectiveness in preventing accidents with based on unreasonable regulations that do not conform to safety principles or legal theory. Regulations on contract work need to be converted to rational cogent regulations based on science and rationality, not ideology and emotion. To this end, the legal system for contract work must have international universality.

A Study on the Design of Smart Contracts mechanism based on the Blockchain for anti-money laundering (자금 세탁 방지를 위한 블록체인 기반 스마트 컨트랙트 메커니즘 설계)

  • Kang, Heejung;Kim, Hye Ri;Hong, Seng-phil
    • Journal of Internet Computing and Services
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    • v.19 no.5
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    • pp.1-11
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    • 2018
  • The Blockchain is a technique that prevents data from being manipulated and guarantees the integrity and reliability of the data by all participants in the network jointly owning and validating the data. Since the Blockchain characterized by security, scalability and transparency, it is used in a variety of fields including logistics, distribution, IoT and healthcare, including remittance. In particular, there is a growing interest in smart contract that can create different forms of contracts and automate implementation based on Blockchain. Smart Contract can be used to pre-programme contracts and are implemented immediately when conditions are met. As a result, digital data can be more reliable. In this paper, we are conducting a study on the smart contract design as a way to solve such problems as illegal misuse of funds on virtual currency, which has become an issue recently. Through this process, we applied the customer identification and money laundering prevention process using smart contract, and then check the possibility of preventing money laundering and propose the ASM (AML SmartContract Mechant) design.

An Empirical Study on the Effect of Internal FTA Utilization Factors on Export Performance

  • In-Seong Lee
    • Journal of Korea Trade
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    • v.27 no.3
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    • pp.199-216
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    • 2023
  • Purpose - This study aims to identify the internal capabilities that export companies need to possess in order to utilize FTAs and to propose ways to expand their export performance through them. To achieve this goal, the study analyzed the internal factors that affect FTA utilization from a resource-based perspective, such as Origin Management Competency, Information Acquisition Competency, contract Management Competency, and Commitment to Export, based on prior research on corporate capabilities in the field of management and FTA-related research. The study ultimately aims to confirm whether a company's FTA utilization contributes to its export performance through the management and response to its internal factors for FTA utilization. Design/methodology - To achieve the research objective, this study conducted a literature review related to FTA utilization and identified the internal factors of companies that affect FTA by classifying them into Origin Management Competency, Information Acquisition Competency, contract Management Competency, and Commitment to Export Based on this, a final research model was developed, hypotheses were set through a preliminary study survey, and conclusions were drawn by analyzing the data of 312 companies. Findings - The empirical analysis results indicate that Origin Management Competency and Contract Management Competency have a positive impact on FTA utilization, while Information Acquisition Competency and Commitment to Export do not have a statistically significant impact on FTA utilization. Based on these findings, this study suggests measures for efficient FTA utilization for companies that want to utilize FTAs. Additionally, FTA utilization has a positive impact on export performance. In other words, the extent to which companies utilize the signed agreements has a positive impact on their performance. Based on these results, this study identifies the characteristics of companies that want to utilize FTAs and proposes measures for future efficient FTA utilization. Originality/value - This study has confirmed that in order for companies to utilize FTAs, they must meet the requirements of the FTA. To this end, the study has concluded that it is important to manage and address internal factors such as Origin Management Competency, Information Acquisition Competency, contract Management Competency, and Commitment to Export to increase FTA utilization. Based on these results, it can be confirmed that it is essential for companies to have an understanding and management of the internal factors that satisfy the requirements of the FTA in order to utilize the FTA.

A Study on the Long-term Work Guidance of Contract Students (Skin Care Major) (계약학과 학생의 장기근속 유도를 위한 방안 (피부미용 전공))

  • Kim, Yun-Jung;Hong, Mi-Sook
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.12
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    • pp.200-211
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    • 2019
  • This study analyzed the factors related to the job satisfaction and turnover rate of students in the skin care contract department, and suggested ways to enhance long-term employee retention. Frequency analysis and multiple regression analysis were performed using the SPSS statistical program and based on the survey data of 260 skin care contract students. The main results were as follows. First, contract students had high job satisfaction because of sufficient in-service training during the internship and also received the authority to perform the job duties of their positions. Second, the regular technical education for the job of contract students gave them confidence in job performance and job confidence, which led to long-term employee retention. Third, contractual students' turnover was reduced by applying compensation such as incentives, awards, and promotion opportunities in accordance with their work performance. Therefore, the results of the study suggest that compensation based on job performance, and the confidence in job performance of skin care contract students, can lead to increased job satisfaction, a reduced turnover rate and better long-term employee retention.

A Proposal of Interoperability between Social Media and Blockchain-based Smart Contract System for Artwork Trading (예술품 거래를 위한 소셜 미디어와 블록체인 기반 스마트 계약 시스템의 연동 제안)

  • Lee, Eun Mi
    • Journal of the Korea Convergence Society
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    • v.11 no.2
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    • pp.109-116
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    • 2020
  • Social media is growing rapidly as a means of promoting artists' artworks and a channel for sales. However, since social media is not fundamentally a platform designed for trading, it has various limitations that make it difficult to ensure trust and security in carrying out transactions. In this paper, it is proposed interoperability between social media and blockchain-based smart contract system that can record and preserve the artist's profile, information related to artworks and details of the contract on the blockchain. The proposed interoperability allows artwork trading participants on social media to maintain mutual trust and to conduct the contract transparently. Also, the proposed interoperability consists of an API provided by the social media developer or an open source API without having to modify existing social media. This study is expected to contribute to the growth of the art trading market on social media by complementing the art trading practices on social media.

A Study of Mediative Function by Contract on the Relationship between Employer's Power and Contractor's Behavior (발주자 권력과 시공사 행동 관계에서 계약의 매개적 기능에 관한 연구)

  • Kim, Junghoon;Kim, Seungchul;Boo, Jeman
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.6
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    • pp.135-143
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    • 2018
  • Normally there is a one-time relationship between stakeholders in the construction projects. Thus, project participants are easily exposed to opportunistic behavior. According to the theory of transaction costs, a contract effectively influence the behavior of counter-party. The important role of contracts in limiting opponent opportunistic behavior has been academically acknowledged and studied in inter-firm relationships. The purpose of this study is to reveal the mediating effect of the contract on the power of the contractor in the contractor's behavior. Power is divided into mediated and non-mediated power. We surveyed construction companies' employees who have conducted construction projects. Based on the questionnaire response, we examined the influence of the Employer's power on the behavior of the contractor. Both non-mediated power and mediated power were significant for in-role and out-role behaviors. Both non-mediated power and mediated power were found to have a significant effect on the control and coordination function of contracts. The results show that the control function of the contract is significant for the in-role behavior and the extra-role behavior. Finally, the mediating effect of the contract function was significant only in the control function.