• Journal of the Korea Institute of Building Construction
• /
• v.3 no.2
• /
• pp.95-102
• /
• 2003

Financial difficulties and claims frequently stop construction works and cause subsequent contract cancellations. However, as the criteria to assess costs have not been established, many cases of legal disputes over the assessment of cancellation costs are taking place and the concerned parties are suffering the loss of time and money. Therefore, the present research aimed at developing a rational and systematic model of cancellation cost assessment following the cancellation of contracts. The research was carried out in the following methods and scopes. 1 ) The research was focused on the assessment of fair cancellation costs from constructors' side for contracts cancelled by any causes for which the owners have liability. 2) To obtain basic materials about cancellation cost assessment methods, contracts, claims, contract cancellations and construction-related laws at home and abroad were examined. 3) A cost assessment model was developed for systematization and efficient operation of cancellation cost assessment, and the reliability and efficiency of the proposed model was verified through a case study. The conclusions drawn from the research are as follows. The importance of the cancellation cost assessment model was confirmed as, using the cancellation cost assessment model, direct cancellation cost and indirect cancellation cost could be assessed systematically, the number of disputable items could be reduced because reasonable evidences of actual spending were presented, and the loss of constructors could be minimized because systematic and rational cost assessment became possible for many disputable cases of indirect cancellation cost, which the constructors had been unable to prove so far though having spent.

• The Journal of Information Systems
• /
• v.30 no.2
• /
• pp.105-126
• /
• 2021

Purpose The purpose of this study is to implement a optimal machine learning model about the cancellation prediction performance in car sales business. It is to apply the data set of accumulated contract, cancellation, and sales information in sales support system(SFA) which is commonly used for sales, customers and inventory management by imported car dealers, to several machine learning models and predict performance of cancellation. Design/methodology/approach This study extracts 29,073 contracts, cancellations, and sales data from 2015 to 2020 accumulated in the sales support system(SFA) for imported car dealers and uses the analysis program Python Jupiter notebook in order to perform data pre-processing, verification, and modeling that is applying and learning to Machine learning model after then the final result was predicted using new data. Findings This study confirmed that cancellation prediction is possible by applying car purchase contract information to machine learning models. It proved the possibility of developing and utilizing a generalized predictive model by using data of imported car sales system with machine learning technology. It can reduce and prevent the sales failure as caring the potential lost customer intensively and it lead to increase sales revenue by predicting the cancellation possibility of individual customers.

• The Korean Journal of Air & Space Law and Policy
• /
• v.31 no.2
• /
• pp.37-72
• /
• 2016

In the aerospace field, besides special purpose airplanes, contracts for supply of various types of products such as prototypes, unmanned aerial vehicles and space launch vehicles are increasing. In the case of the contractor, it was planned to spend a large amount of money to supply the production, but if the purchase specification that presents the quality and performance standard of the product is poor or lacks the capacity to judge the performance, consuming enormous amounts of time and money. Even if the undertaker does not have the ability to supply the products with the required performance and quality to achieve the purpose of the contract, he/she must pay the cost of burial due to the incompleteness of the work and the compensation for the cancellation of the contract. In this case, the defendant ordered the plaintiff to supply the aircraft by the Happy Box method, which is capable of ILS Offset flight as specified in the Purchase Specification, but the plaintiff attempted to supply the aircraft by the RNAV method. Although the ILS ground signal can be inspected by the RNAV method, the aircraft manufactured in the manner claimed by the plaintiff does not have the ILS Offset flight function required by the purchase specification, so the defendant can not achieve the purpose required by the purchase specification. It was a question of whether a defendant's cancellation of contract was legitimate. The aircraft, which is the object of this contract, is a subordinate substitute, so the case contract is of undertaking. Therefore, in order to complete the work in this contract, the major structural parts of the aircraft must be manufactured as agreed and have the performance generally required in the social sense. However, the aircraft delivered by the plaintiff has serious defects because the defendant can not achieve the purpose required by the purchase specification due to the lack of the ILS Offset flight function required by the purchase specification. This deficiency is impossible for the plaintiff to repair, so the defendant 's cancellation of the contract is legitimate.

• Korea Trade Review
• /
• v.45 no.1
• /
• pp.119-135
• /
• 2020

It is well-known that if a claim for damage [Note: Damage can be singular or plural] is made based on a breach of contract, calculating the existence and magnitude of certain profits to be deducted based on the damage can be problematic. In the case of a time charter party, even if the early redelivering vessel by the time charterers constitutes a breach of contract, it is still not an exception. In particular, interest in the shipping business seems to be relatively high in terms of how claims for damage by ship owners have been adjusted. In the case of the New Flamenco, there is a debate over whether or not to deduct the difference between the sale price immediately after redelivering the ship and the sale price upon expiration of the contract from the damage based on the breach of contract for the early time charter redelivery vessel. This paper focuses on this case since it appears to be of practical importance and has implications on how to calculate the amount of damage in the case of cancellation for early redelivery vessel in a time charter party.

• Journal of Arbitration Studies
• /
• v.21 no.3
• /
• pp.137-163
• /
• 2011

The Law of the People's Republic of China on the Mediation and Arbitration of Rural Land Contract Disputes, which was adopted at the 9th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 27, 2009, is hereby promulgated and shall come into force as of January 1, 2010. This Law is enacted with a view to impartially and timely settling the disputes over contracted management of rural land, maintaining the legitimate rights and interests of the parties concerned and promoting the rural economic development and social stability. The mediation and arbitration of disputes over contracted management of rural land shall be governed by this Law. The disputes over the contracted management of rural land include: 1) disputes arising from the conclusion, fulfillment, modification, cancellation and termination of rural land contracts; 2) disputes arising from the sub-contract, lease, interchange, transfer, holding of shares and other means of turnover of contracted management rights to rural land ; 3) disputes arising from the withdrawal and adjustment of the contracted land; 4) disputes arising from the confirmation of contracted management rights to rural land; 5) disputes arising from impairment to the contracted management rights to rural land; and 6) other disputes over contracted management of rural land as prescribed in law and regulations. The disputes arising from requisition of collectively owned land and the compensations therefor do not fall within the scope of acceptance by the rural land contract arbitration commission, they may be settled by means of administrative reconsideration or lawsuits. In the case of disputes over the contracted management of rural land, the parties may make reconciliation by themselves or may request mediation by the villagers' committee, people's government of the township (town), etc. This study analyzed each process and the main issues on the point of the Mediation and Arbitration of Rural Land Contract Disputes.

• The Korean Society of Law and Medicine
• /
• v.18 no.2
• /
• pp.139-161
• /
• 2017

In this paper, The Supreme Court of Korea 2016. 1. 28. 2015Da9769 was reviewed. In the previous case, Korean Supreme Court 2009Da17417 for the element to requirement for permission of the withdrawal of life-sustaining treatments, the patient's consent for withdrawal of life-sustaining treatments was assumed a declaration of intention to terminate the contract. But the consent for withdrawal of life-sustaining treatments corresponds not to those. The consent for medical treatments is not the juristic acts but the real acts. If the presumptive intention about these withdrawal regards as the termination of medical contract, the contract must be up to the starting the civil proceedings. According to this case, although the partial cancellation of medical contract is admitted, on the other hand medical expenses obligation ist exempted only after the final decision. At the withdrawal of life-sustaining treatments the medical obligation ist exempted because of the inability to providing the medical payment, which confirmed by the final decision about the withdrawal of life-sustaining treatments. Therefore the judgement of this case ist appropriate in that sense, the medical obligation ist waived only after the final decision. However that legal basis lies not at the partial cancel but at the partial inability.

• Korea Real Estate Review
• /
• v.28 no.1
• /
• pp.115-130
• /
• 2018

This study investigated the factors influencing the termination of the JooTeakYeonKeum contract according to its rate increase, and aimed to identify the differences in the factors affecting the cancellation of the contract according to the collateralized house price range. The results showed that the higher the cumulative increase rate of the mortgage housing price at the time of subscription is, the higher the monthly payment, the larger the gap between the monthly payment and the minimal living expenses for aging, the lower the net population moving rate in the previous month, and the lower the cumulative mortgage. Moreover, the JooTeakYeonKeum contract is terminated. The factors affecting the termination of the contract are different in each interval of the price range of the mortgage housing. To confirm this, a mortgage price range model was constructed and analyzed. The results showed that 60% of the elderly participants in the JooTeakYeonKeum program subscribed thereto with a below-average subsidized housing price. It was confirmed that the factors affecting the termination of the contract differ by price range. Lowering the risk of increasing the JooTeakYeonKeum termination rate will be a significant way of boosting the welfare of elderly people aged 65 and older, and of easing the impact of population aging.

• Journal of Korean Institute of Industrial Engineers
• /
• v.36 no.1
• /
• pp.13-21
• /
• 2010

The prediction of contract cancellation of customers is essential in insurance companies but it is a difficult problem because the customer database is large and the target or cancelled customers are a small proportion of the database. This paper proposes a new data mining approach to the binary classification by handling a large-scale unbalanced data. Over-sampling, clustering, regularized logistic regression and boosting are also incorporated in the proposed approach. The proposed approach was applied to a real data set in the area of insurance and the results were compared with some other classification techniques.

• Journal of Digital Convergence
• /
• v.8 no.2
• /
• pp.147-160
• /
• 2010

Internet shopping mall business has taken its place as a major form of e-commerce and is evolving constantly. At the same time, disputes of various kinds are also arising in proportion to the evolution. A typical example is when a consumer purchased a product from an internet shopping mall and the seller wants to cancel or withdraw the sales contract saying that he miswrote the price or other important information when posting the product on the internet. It's about the error on the seller's part. Civil Law Chapter 109, legal principles on errors, appears to assume the case of natural declaration of intention. It was observed that legal principles on errors defined by the Civil Law are also applied in internet shopping malls, where declaration of intention is made electronically. In transactions involving internet shopping malls, where the seller's indication and advertisement constitutes an inducement to offer, the seller may cancel a contract concluded by the consumer's offer and the seller's acceptance if the seller finds errors on his part, and adequacy of the cancellation should be judged depending on specific cases. That is, the judgment of the important ground that comprises prerequisites for cancellation and presence of negligence may depend on how much difference there is between the normal price and the posted price on a specific case. Also, considering the cases where negligence was not perceived on the seller's miswriting of the price, the seller may cancel the transaction in a similar situation.

• The Journal of Industrial Distribution & Business
• /
• v.9 no.5
• /
• pp.93-104
• /
• 2018

Purpose - This study is to investigate the relationship among emotional intelligence, self-efficacy and job stress of foreign life insurance consultants focusing on the mediating effect of self-efficacy. Regarding job security, in general foreign life insurance companies in Korea have more severe working conditions in terms of required contract performance. For foreign life insurance consultants, they are assumed to need higher level of emotional intelligence and self efficacy to meet the conditions. In this study, focus is cast on these aspects. Research design, data, and methodology - Basically the research is conducted upon questionnaires responded by foreign life insurance consultants. That is, data are collected from 255 sample of insurance consultants who work for a foreign owned life insurance company. The Questionnaire measure the level of emotional intelligence, self-efficacy and job stress of insurance consultants. The data are analyzed using pearson's correlation coefficient and hierarchical multiple regression, descriptive statistics, t-test, ANOVA, Durbin-Watson test. Results - The general characteristics of respondents are gender, age, marital status, education level, income monthly, career length, change jobs no, working day per week, call no. per week, meeting no. with client per week, contract regularity, contract no. per month and cancellation contract per year. The mean of emotional intelligence is 2.63, self-efficacy is 3.44 and job stress is 2.20. Emotional intelligence is composed with mean value of self emotion appraisal(3.93), other's emotion appraisal(3.78), regulation of emotion(3.29) and use of emotion(3.52). The mean of self efficacy is composed with mean value of self-confidence(3.41), self-regulated efficacy(3.59) and preference task difficulty(3.30). The job stress is composed with mean value of job requirement(2.61), lack of job autonomy(1.99), conflict of personal relations(1.99), job instability(2.38), organizational system(2.19) and inappropriate compensation(2.07). There is a significant positive correlation between emotional intelligence and self-efficacy. The emotional intelligence and self-efficacy are significantly negative correlation with job stress. The self-efficacy is showed a mediating variable between emotional intelligence and job stress. Conclusions - To decrease job stress level, foreign life insurance company should find the factors to improve the emotional intelligence and self-efficacy of life insurance consultants, and develop appropriate plans using a mediating role of self- efficacy between emotional intelligence and job stress.