• Journal of the Korea Institute of Building Construction
• /
• v.7 no.4
• /
• pp.83-91
• /
• 2007

This study tries to provide concept on establishment of CM license basis, CM selection procedure and CM contract documents through a comparative study of CM services in several CM contract documents in the America. This results of study are summarized as follows; Establishment of basis on the work scopes and legal license of CM company. Establishment of CM selection and contract procedure. Preparation of CM contract documents. Preparation of CM manual.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.41
• /
• pp.3-21
• /
• 2009

To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

• East Asian Journal of Business Economics (EAJBE)
• /
• v.11 no.4
• /
• pp.41-50
• /
• 2023

Purpose - This study aims to examine the role of contract law in mergers and acquisitions (M&A) and to examine whether or not contract law is necessary in M&A. The study also discusses how contract law can be utilized in M&A, as well as some of the problems that arise from the use of contracts in this area. Research design, data, and methodology - To minimize bias and errors, this study used only peer-reviewed articles and book excluding internet news articles, conference papers, and dissertations. For a well-organized screen and selection process, the author conducted the extraction procedure thoroughly to eliminate some duplicated resources. Result: This study indicates that complex deals carry a high risk but also have the potential to yield substantial revenue for stakeholders. Thus, contract law is essential to the success of M&A because it helps to define the (1) terms of the transaction, (2) reduces risk, (3) offers legal safeguards, and ensures that the (4) agreement is enforced. Conclusion - This study concludes that an understanding of contract law is essential to the profitable merging of two businesses. The application of contract law provides a mechanism for enforcing the agreement, which can increase the likelihood that the stipulations of the M&A will be satisfied.

• Journal of Arbitration Studies
• /
• v.15 no.1
• /
• pp.207-228
• /
• 2005

When closing an international contract, both contract parties endeavor to convey their intentions from the stage of negotiation to the moment of signing the contract. Of the many problems presently related to contract language, the first one to consider is which contract party will run the risk of the language deficiencies occurring as a result of the misunderstanding and misinterpretation between different languages. The second problem to consider is whether the interpretation and translation of the contract language is needed and, if so, which party is going to bear the expenses and assume responsibility of the misinterpretation in the translation of, the contract language. The third problem is related to the obligation of explaining to both contract parties the contents and details of the international contract written in different languages. The fourth issue is which language of both contract parties becomes the standard contract language in the procedure of arbitration. The fifth, but not the last problem, is how to solve the language defects in interpreting and translating the contract languages. These five problems can be easily solved by the approval of the contract parties in scrutinizing and selecting the contract languages. However, this research mainly focuses on which effects of the contract language and as how to define and select the contract language.

• International Journal of Highway Engineering
• /
• v.20 no.1
• /
• pp.1-8
• /
• 2018

PURPOSES : Case studies of an asphalt-overlay project with a performance-based contract method were conducted on a national highway in Korea to evaluate the effect of the method on asphalt pavement maintenance. This study evaluated the procedure of the performance-based contract method. METHODS : In this study, an asphalt-pavement maintenance project for a national highway was assessed with a performance-based contract to investigate the advantage of the new contract procedures. This is the first trial applying the performance-based contract to a pavement-rehabilitation project in Korea. In the four case studies, the warranty period of the performance-based contract was designed for seven years. The research team monitored the construction site to compare the normal contract method with the performance-based contract method. The case studies' project sites were investigated after the end of the construction. RESULTS : Based on the limited case studies, the performance-based contract method could extend the service life of the asphalt pavement and reduce the pavement-maintenance budget because the quality control was well managed by the contractors. However, a few construction laws would be necessary to apply the performance-based contract method in the future. CONCLUSIONS : Using the performance-based contract, the construction company made great efforts to guarantee the warranty period and to apply the optimal maintenance method, based on the pavement distress condition. The contractor and the agency would need to understand the new performance-based contract system for it to be activated. Therefore, a proper education program for the performance-based contract system would be needed to educate the stakeholders regarding the procedures and their effects on the pavement management and maintenance.

• Journal of the Korean Society for Railway
• /
• v.8 no.5
• /
• pp.460-469
• /
• 2005

Turnkey contract system is an effective ordering system for the ordering organizations that technical engineers are insufficient for their construction projects. It is possible to reduce project duration and to improve project quality in an integrated contract system between design and construction. However, owners can have a difficulty caused from unitary responsibility system. This study analyzes present situation and problems of turnkey contract system including railway projects. The result includes various methods for improving the system based on the analysis of bid price and selection procedure.

• Journal of the Korea Fashion and Costume Design Association
• /
• v.20 no.4
• /
• pp.83-94
• /
• 2018

This study surveyed 255 college students enrolled in beauty contract departments located in Seoul(5 schools) and Gyeonggido(6 schools) to investigate their admission support procedure and educational satisfaction. The study found as follows; Data collection was performed from March 25 to May 30, 2018 using SPSS WIN 21.0 for their statistical processing. With respect to data analysis, first, frequency analysis was conducted to look at the general characteristics of the subjects. Second, the admission support procedure of beauty contract department was investigated and cross analysis was performed to see if there was any change according to the subjects' general characteristics. As a result of looking at the awareness on department, 89% were found to be aware of the contract department system. As for their motivation to applying for the department, the largest reasons were found to obtain a degree and to become a hair designer within a short period of time. The most frequent route of application was a recommendation by their high school teachers. The highest priority consideration in choosing a department was the brand awareness of an associated industrial entity. With respect to the complementation education in curriculum, practical technique related to the major was found the highest. 66.7% said they would recommend the department when it comes to the intention to recommend the department. 24.0% were found satisfied with the education regarding educational satisfaction. Therefore, in order to improve the educational satisfaction of the contract department, it is necessary to acquire knowledge of the field technique and practical salon education.

• The Korean Journal of Franchise Management
• /
• v.10 no.2
• /
• pp.19-32
• /
• 2019

Purpose - This paper aims to investigate the mediating effects of relationship fairness factors between franchisor's support services and performance(re-contract intention) in food service franchise. More specifically, fairness was measured into distributive, procedure, interaction, and information, franchisor's support service was divided into pre-start support services (initial support services) and post-start support services (continued support services), and performance (re-contract intent) was measured using 3 items such as re-contract, contract extension, and recommendation. Research design, data, and methodology - The population for the survey is the head of franchises in the metropolitan area (Seoul/Gyeonggi), which operates a restaurant franchise, and samples included a wide range of overseas/domestic brands and regions. The survey was conducted from August 1 to September 30, 2018 through the survey agency. The survey was conducted together with a telephone interview and a direct visit by the investigator. A total of 205 questionnaires were collected and retrieved, 4 questionaires containing missing information were excluded and 201 responses were used for analysis. Results - The results shows that franchisor's initial support services have significant positive effects on procedural, interpersonal, and informational relationship fairness, and continuous support services have significant positive effects on distributive, procedural, interpersonal, and informational relationship fairness. This study also shows that informational and procedural fairness have significant positive effects on performance(re-contract intention). Finally, continuous services a significant positive effect on performance(re-contract intention). Conclusions - The results show that franchisor make a manual, and should improve fairness through regular investigation whether support services was executed as promised in the manual after franchisee operation. In addition, information fairness and procedural fairness have been shown to increase performance(re-contract intention). These results mean that the franchisor's headquarters should provide product and service support for the merchant in accordance with the manual and management policy to reduce asymmetry in information and improve procedural fairness to enhance performance(re-contract intention).

• The Korean Society of Law and Medicine
• /
• v.19 no.1
• /
• pp.143-163
• /
• 2018

Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.

• Proceedings of the Korean Geotechical Society Conference
• /
• 2000.03c
• /
• pp.78-87
• /
• 2000

Enormous instruments have been installed to measure movement and stresses during and after the construction of Seoul Subway. However, a number of problems have been noticed and reported, such as planning, calibration, installation, contract procedure etc. Some of them are presented and discussed in this paper in order to call an attention to these problems and provide a baseline for the future improvement.