• Title/Summary/Keyword: Contract Power

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The Role of State Courts Aiding Arbitration (중재에 있어서 법원의 역할)

  • Park, Eun-Ok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.30
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    • pp.91-120
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    • 2006
  • An Arbitration agreement is one kind of contracts between two or more contracting parties; any possible disputes that arise concerning a contract will be settled by arbitration. Contracting parties who have made a valid arbitration agreement will submit a dispute for settlement to private persons(arbitrators) instead of to a court. Arbitration may depend upon the agreement of the private parties, but it is also a system which has been built on the law and which relies upon that law in order to make it effective both nationally and internationally. That is to say, arbitration is wholly dependent on the underlying support of the court. The complementarity of the courts and of the arbitrators is a well-established fact; they seek for the common purpose, the efficacy of international commercial arbitration. Most states' laws contain the provisions which have been set for the supportive role of the courts relating to arbitration; (1) the enforcement of the arbitration agreement(rulings on validity of the arbitration agreement), and the establishment of the tribunal at the beginning of the arbitration, (2) challenge of arbitrators, interim measures, and intervention during evidence in the middle of the arbitral proceedings, (3) filing of the award, challenge of the arbitral award, and recognition and enforcement of the arbitral award at the end of the arbitration. Most international instruments and national laws concerning arbitration believe that authoritative courts should play their power not to control and supervise arbitration but to support and develop the merits of arbitration at most. 1985 UNCITRAL Model Law also expressly limit the scope of court's intervention to assist arbitration, not to control it.

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유통경로상의 지배구조형태와 영향전략이 신뢰에 미치는 영향

  • O, Yeong-Ae
    • Journal of Distribution Research
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    • v.1 no.2
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    • pp.85-114
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    • 1996
  • The franchise system has become more widely adopted by Korean distribution industries than before as foreign direct investment is liberalized in these industries. However, a number of problems has arisen between franchisers and franchisees recently. In this regard, the objective of this study is to identify problems arisen between franchisers and franchisees of convenience store operation. More specifically, this paper investigates how credibility between two parties is affected by the internal political structures, including bureaucratic structure and relational norms, and impact strategies of franchisers. The results of this study can be summarized as follows : Under rapidly changing channel environment, credibility between franchisers and franchisees tend to be characterized as the bureaucratic structure rather than relational norms. This result suggests that franchisees are more likely to recognize the power of franchisers in Korean convenience stores. This paper also shows that the adoption of coercive impact strategies decreases credibility and vice versa. The results of this paper suggest following implications. In order to have mutually beneficial relationship franchisers and franchisees have to share benefits and costs incurred by their convenience store operation, and to raise their ability to revise contract terms to accommodate changes in external environments. It is also important for the development of convenience store operation to construct more efficient relationship between franchisers and franchisees by adopting supportive norms rather than opportunistic ones.

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The Introduction and Satisfaction in Outsourcing for Family Restaurants (패밀리 레스토랑의 아웃소싱 도입 현황과 만족도 분석)

  • Kim, Ki-Young;Cheon, Hee-Sook
    • Culinary science and hospitality research
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    • v.12 no.3 s.30
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    • pp.17-31
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    • 2006
  • There have not been the best method for improving the management system of an enterprise. Its management system must be changed according to new environment. Therefore, the food service industry had to accept outsourcing strategies to reduce cost and construct the core-capability of enterprise. In this respect, we studied the introduction and the satisfaction in outsourcing strategies for family restaurants, including a post of enterprise, decision on the supply-enterprises, contract preparation, cost of outsourcing, recontract items and outsourcing result estimation. The results of this study were as follows; First, 90.5% of managers for 7 family restaurants felt that outsourcing is needed. Second, the post of the outsourcing for 7 family restaurants was from 1 to 8; supply for raw food material, cleaning and equipment repair. The introduction of outsourcing for 7 family restaurants started in 1995 and it had constantly made progress up to 2003. Thirdly, the advantages of the outsourcing for 7 family restaurants were increase of benefit, improvement of controllable-power for family restaurants and improvement of employees' satisfaction. Fourthly, 42.9% of managers were satisfied and 4.8% of them were not satisfied. 36 to 40 year old vice-managers were very satisfied with the result of the outsourcing. Fifth, 90.5% of family restaurant managers found the outsourcing to be needed and especially managers in their late thirties realized the outsourcing.

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A Study on the Evaluation System for Bidders to According to the Best Value Bid System by Technology Proposal Method (기술제안방식의 최고가치낙찰제도 입찰자 평가체계에 관한 연구)

  • Yeo, Sang-Ku;Lee, Gun;Lee, Hyun-Chul;Go, Seong-Seok
    • Proceeding of Spring/Autumn Annual Conference of KHA
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    • 2009.04a
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    • pp.211-216
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    • 2009
  • Bidding systems in the domestic public construction work have been amended many times since the lowest-bidding system was implemented in 1951. However, this hasn't had much success. Competition in technical development among companies has declined as the contracts for buildings are given to company which submits the lowest price without considering traits of projects. In addition, as the construction market turns to the limitless competition system due to FTA(Free Trade Agreement), advanced techniques are needed to promote the national competitive power. Considering the needs of the times, Korean government announced that "Best Value Contract (Design-Bid-Build)" and "Bridging Contracts (Design-Build)" are included to 4 existing bidding systems in October 2007. Thus this study aims to suggest devised the evaluation criteria including major items for evaluating bidders, in order to establish and revitalize the best-value bid system successfully.

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A Study About Weld Defects Detection By Using A Magnetostrictive Sensor (Magnetostrictive Sensor를 이용한 용접결함 검출에 관한 연구)

  • Na, Hyun-Ho;Kim, Ill-Soo;Seo, Joo-Hwan;Son, Sung-Woo;Jeong, Jae-Won;Kim, Ji-Sun;Lee, Ji-Hye
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.33 no.11
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    • pp.1279-1287
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    • 2009
  • An increasingly competitive business environment has been concentrated on industries to reduce the operating costs. Industries such as gas, oil, petrochemical, chemical, and electric power have employed for the operation and used for large equipment or structures that require a high capital investment. In order to meet these requirements, the industries are increasingly moving toward saving the experimental verification and computer simulation. Therefore industries to reduce the maintenance costs without compromising the operational safety have been forced on finding for better and more efficient methods to inspect their equipment and structures. In this study, it focused on the development the real-time non-contract monitoring system as an efficient tool for the experimental study of weld defects based on the relationship between the measured voltage and input parameters.

A Study on the Improvement of the Criteria for Calculating Compensation of Deferment of Defense Acquisition Projects (무기체계 연구개발시 지체상금 개선방안에 관한 연구)

  • Kim, SeongHo;Ryoo, YeonUk;Chun, SamHyun
    • Convergence Security Journal
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    • v.17 no.4
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    • pp.31-37
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    • 2017
  • This study compares the main features of the Act of National Contract with the Act of Defense Aquisition Program, which is the only one in Korea for long-term contracts. When applying the progress payments system to the defense R&D project, We can prevent disputes between parties and create a stable development environment through smooth partnerships. Smaller, direct and indirect losses can be alleviated, such as the waste of administrative power required to deal with disputes due to the payment of delayed prizes and restrictions on business activities due to the difficulty of forecasting the results of companies. In large measure, we will be able to procure a high-quality weapon system in a timely manner to support the security of the nation as well as international competitiveness through the growth of our defense industry.

Seismic Performance Evaluation of 500 kV EBA (500 kV 기중종단접속함의 내진성능평가)

  • Jeon, Bub-Gyu;Jung, Chi-Young;Jin, Jung-Woon;Kim, Han-Hwa;Cheung, Jin-Hwan
    • Transactions of the Korean Society for Noise and Vibration Engineering
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    • v.25 no.7
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    • pp.496-502
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    • 2015
  • In this study, seismic performance tests for 500 kV EBA are conducted through the IEEE Std. 693. It is hard to conduct both the static tests and dynamic tests for 500 kV EBA as IEEE Std. 693 because the size of specimen, 9 m in height, is too large to be examined. To do so, it can cause the unnecessary time and cost, and also the damage on the specimen. However, in this study, both static tests and dynamic tests are conducted in the same test field as IEEE Std. 693 to achieve more accurate and reliable test results. From the test results Taihan Electric Wire Co. can win contract for 500 kV extra-high voltage project in the U.S.A., therefore it can be evaluated that the tests are conducted successfully and the capability to estimate large electric power facilities are achieved as IEEE Std. 693.

A Case Study on the Business Innovation for increasing National Science and Technology Competitiveness power - Simplification and Digitalization of R&D Expenses Performance procedure - (국가과학기술경쟁력 제고를 위한 과학기술부 업무혁신 사례 - 연구비 집행절차 간소화 및 디지털화 -)

  • Kim, Bong-Su;Lee, Eun-Yeong;Choe, Un-Baek;Jang, Bo-Hyeon
    • 한국디지털정책학회:학술대회논문집
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    • 2007.06a
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    • pp.51-58
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    • 2007
  • Considering innovation a key to raising living standards, the Ministry of Science and Technology has put in place various measures meeting the needs of the newly promoted Deputy Prime Minister of Science and Technology. Such measures include business process reengineering as streamlining the work process to achieve the improvement in quality and efficiency: building the integrated performance management system to promote performance-or tented environment; and running the 1ifelong learning system for better competitiveness of government officials. Further to the innovation efforts at work, the number of steps of the R&D budget execution is streamlined from eight to five and its payment period is considerably reduced to 15 days from 60 days. In addition, the digitalized R&D budget management systems such as e-Contract System, One-click Processing Monitoring System, and Information Service System through Short Message Service (SMS) will contribute to improving R&D performance. And these systems are efficiently integrated into a portal interface named "Yeon-gu-ma-ru." The Ministry of Science and Technology, spearheading nationwide innovation, will continue efforts to make viable achievements of innovation.

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Effects of Education Expenditure for a Child and Financial Support to Parents on Childbirth Intention, Elderly Life Preparation (자녀교육비 및 노부모에 대한 생활비 지원이 둘째자녀 출산의도와 노후준비에 미치는 영향 - $20{\sim}45$세 기혼여성을 중심으로 -)

  • Lee, Sun-Hyung
    • Journal of Family Resource Management and Policy Review
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    • v.13 no.2
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    • pp.43-64
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    • 2009
  • The purpose of this study is to examine the effects of education expenditure children and financial support for parents on childbirth intention and, elderly life preparation. This study uses Korean Longitudinal Survey of Women & Families data. The research subjects are married women aged between $20{\sim}45$ years old who have one child and are living with at least one parent. The analysis method includes chi-square analysis, frequency analysis, and logistic regression analysis which is suitable for presuming differences between groups and relative influence or power. As a result, the first subjective perception is that economic conditions influence childbirth intention and elderly life preparation. Second, the portion of education expenditure is a more important factor than traditional ones, such as the child's sex, the married woman's job and her income. Third, elderly life preparation is influenced by economic factors, regardless of whether they are subjective or objective factors. Finally, analyses by logistic regression analysis suggest that a decision about childbirth is influenced by education expenditure. This refer to the costs related to the child's generation. A decision about elderly life preparation is related to financial support from parents, meaning costs related to the parents's generation.

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Prospect and Production Technology of Brand Rice (브랜드 쌀의 생산기술과 전망)

  • 손종록
    • Proceedings of the Korean Society of Postharvest Science and Technology of Agricultural Products Conference
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    • 2003.10a
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    • pp.51-70
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    • 2003
  • In recent years, Korean rice must compete with the rice of advanced countries under Doha Development Agenda(DDA) and free Trade Agreement(FTA). Therefore we should find more active and positive solution in rice industry according to the inncreasing power of international pressure. Increasing rice production was the most important policy during the past food-deficient days, but recently, with overproduction of rice, various circulation system by the brand(price)-differentiation should be settled in a recent market of Korea. Nowadays, some advanced rice farmers and Rice Processing Complex(RPC) managers developed new brands of rice with high-quality, adding healthy materials and environment-friendly farming methods. Therefore, the future strategy of making a new brand rice should be planned including selection of rice variety, cultural and post-harvest techniques, circulation and processing methods to compete against foreign rice. And environment-friendly farming is also recommendable for food safety and differentiate from imported rice. For the purpose of successful brand-rice, the following points might be considered. Firstly, selection of good quality rice and continual development of good variety must be conducted for the differentiation of Korean rice from foreign rice. Secondly, a special contract between producer and consumer with functional-rice, organic filming-rice, specific-rice will be recommendable. Thirdly, improvement of post-harvest management and milling system are necessary for the production of differentiated-rice. Fortunately, standard of inspection, rules of description for brand-rice must be developed by a more scientific examination in order to settlement of trust for consumer. Finally, provincial or regional-representative brand rice must be settled and conducted for the development of agreement market system between producer and consumer.

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