• Title/Summary/Keyword: Contract Procedure

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A Study on the Delay of Process Owing to Problems in Arbitration Agreement (중재합의 문제로 인한 중재절차 지연에 관한 연구)

  • Shin, Koon-Jae
    • Journal of Arbitration Studies
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    • v.26 no.4
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    • pp.43-62
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    • 2016
  • The international arbitration system has been a useful method of settling disputes arising from international transactions. Arbitration provides the opportunity for the parties to choose a fair and neutral forum and to participate in the selection of the decision maker and the rules that will be applied. Because arbitration is a creature of contract, there is no agreement to arbitrate if there is no contract. An arbitration clause should be designed to fit the circumstances of the transaction and the parties' needs. The parties draft an arbitration clause with insufficient attention to the transaction to which it relates. Insufficient attention to arbitration agreement has caused the delay of arbitration procedure or even the inability to arbitrate. Therefore the parties pay sufficient attention to the underlying transaction so that the arbitration clause can be tailored to their particular requirements and to possible disputes that may reasonably be anticipated.

A Study of the Regulations for Calculation of Acceleration Costs on Construction Work (건설공사 공기단축으로 인한 추가비용의 산정규정에 관한 연구)

  • Min, Byeong-UK;Park, Hyung-Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.37 no.2
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    • pp.409-417
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    • 2017
  • The study is concerned with doing research on the plan to prevent the dispute occurring between contract parties regarding the additional cost generated when the construction period is shortened during construction work. After the review of the claim cases and the judgment cases of the court regarding the additional cost caused by the shortened construction period, the representative problem is the incomplete regulations on calculating the additional cost. In the 1st stage of the results of the research on the problem, the procedure handling the additional cost is presented, and the process of planning and approving the shortening of the construction period is gone through in the stage of the procedure to prevent the dispute on the additional cost between contract parties. In the 2nd stage, the plan on enacting and revising the regulations on removing the incomplete problems of the current regulations relating to the calculation of the additional cost. The basis for the advanced contract management is provided by resolving the incomplete problems of the current regulations relating to the shortening of the construction period with the prevention of a dispute and the resultant loss.

A Study on Effective Trade Claims Solutions through Commercial Arbitration System

  • Choi, Rack-In
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.1
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    • pp.99-106
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    • 2017
  • In this paper, the first to identify in detail the direct and indirect causes of trade claims and to provide a way to prevent the causes and measures specific claims. Trade claims is not the best way to prevent in advance, measures to prevent future trade claims is as follows. First, it should be the credit investigation of the counterparts. Second, the contract must determine the rights and obligations of each other through sufficient consultation with contract and faithfully perform its contractual obligations. Third, the explicit trade arbitration clause of arbitration in the contract, and shall be a sufficient review of the procedure such as import and export, international business practices, norms and partners of economic policy, foreign exchange regulations, the trade system transactions. Finally, for it is to be treated as a one-stop strengthening the organization and function, and the Ministry of Commerce and Trade Association, and KOTRA and Trade Insurance Corporation strategic support systems, such as done by covering the work on trade claims prevention and resolution in the Korean Commercial Arbitration Board.

Effect of Preeducation and Health Contract on Adaptability and Anxiety during Spinal Puncture in Children with Leukemia (검사 전 교육과 건강 계약이 백혈병 아동의 척수 검사 순응 정도와 불안에 미치는 효과)

  • Park, Ho-Ran;Koo, Hyun-Young;Cho, Mi-Na
    • Child Health Nursing Research
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    • v.12 no.4
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    • pp.462-469
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    • 2006
  • Purpose: This study was done to verify the effects of preeducation and health contract on anxiety and adaptability of children with leukemia when undergoing a spinal puncture. Methods: Children in experimental group 1 (10) were given preeducation prior to the procedure and children in experimental group 2 (13), a health contract. Children in the control group (16) received the regular hospital preparation. Observation tools were used to evaluate adaptability and anxiety. Heart rate and oxygen saturation was also used as a measure of anxiety. The data were analyzed using the SPSS program. Results: Compared with the control group, experiment groups 1 and 2 showed significant difference in adaptability regarding the number of assistants and test posture. Experiment groups 1 and 2 showed significant difference in voice tone and movement level when compared with the control group. Elevation level in heart rate showed significant differences between the three groups. Conclusions: Preeducation and nursing mediation through health contracts were shown to be effective methods to reduce anxiety and increase adaptability in children with leukemia who were undergoing a spinal tap.

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Case Study in Current State of Amount of Order for Turnkey Project (설계 $\cdot$ 시공일괄입찰제도의 수주현황 사례분석)

  • Lee Yang-Kyoo;Kang Leen-Seok
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2004.11a
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    • pp.197-202
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    • 2004
  • Turnkey contract system is an effective ordering system for the organizations that technical engineers are insufficient in 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 in our country. The results includes various methods for improving the system based on the analysis of bid price nd selection procedure.

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A Study on the Agile Approach in Battlefield Management Information System R&D Project in Korea Military (국방 전장관리정보체계 연구개발사업의 애자일 적용 방안 연구)

  • Yun, SungHyun;Lim, GyooGun
    • Journal of Information Technology Services
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    • v.20 no.1
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    • pp.41-54
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    • 2021
  • The SW-centered battlefield management information system R&D project takes a long period of 5-10 years or more by applying a complex and rigid batch acquisition strategy. In order to solve this problem, it is necessary to institutionalize a rapid and flexible battlefield management information system R&D project management procedure applying agile development methodology, and a government project management organization and contract management method to support it In this study, we analyzed the case of applying the Agile development method centered on Scrum to the US SW-centered weapon system R&D project and the characteristics and problems of the battlefield management information system R&D project in Korea, and suggested improvement measures as follows. First, the battlefield management information system R&D model applies the hybrid development method, and the system requirements analysis and system structure design use the existing waterfall development procedure, and the agile method is applied from the SW requirements analysis to the system integration stage. Second, flexible adjustment of performance, schedule, and cost by organizing an Agile IPT in which military (requirements) - DAPA (project management) - developer - functional specialized organizations (test and evaluation, quality, government research institutes, etc.) participate. Third, improving the Basic Order Agreement so that it can be applied to agile R&D.

A De Facto Standard for ERC-20 API Functional Specifications and Its Conformance Review Method for Ethereum Smart Contracts (이더리움 스마트 계약 프로그램의 ERC-20 API 기능 명세의 관례상 표준과 적합성 리뷰 방법)

  • Moon, Hyeon-Ah;Park, Sooyong
    • KIPS Transactions on Software and Data Engineering
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    • v.11 no.10
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    • pp.399-408
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    • 2022
  • ERC-20, the standard API for Ethereum token smart contracts, was introduced to ensure compatibility among applications such as wallets and decentralized exchanges. However, many compatibility vulnerability problems have existed because there is no rigorous functional specifications for each API nor conformance review tools for the standard. In this paper, we proposed a new review procedure and a tool to perform the procedure to review if ERC-20 token smart contract programs for the Ethereum blockchain conform to the de facto standards. Based on the knowledge from an analysis on the ERC-20 API functional behavior of the top 100 token smart contract programs in the existing Ethereum blockchain, a new specification for the de facto standard for ERC-20 API was explicitly defined. The new specification enabled us to design a systematic review method for Ethereum smart contract programs. We developed a tool to support this review method and we evaluated a few benchmark programs with the tool.

A Study on the Reformation of the Contract Time Extension Process in the Public Construction projects (공공건설사업에서 계약기간 연장처리방법 개선에 관한 연구)

  • Cho Young-Jun;Lee Sang-Beom
    • Korean Journal of Construction Engineering and Management
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    • v.6 no.3 s.25
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    • pp.81-89
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    • 2005
  • Delay schedule coming about duration extension is happening essentially because public construction project consist of many sub contractor. The method which can calculate delay day is suggested by many studies in case of happing delay schedule, but It is difficult to apply to real construction project because there is no mention about the control of The law of contract according to delay schedule. The law of Contract which is cost of account has more uncertain problem than FIDIC condition of contract. This study suggests method which can make extension of duration procedure clear in case of happing the reason of design change related with activity duration during carrying on construction, and a submission process of the reason of duration extension and modify schedule making way about section which is basis of calculating contract amount clear.

Efficient Application of Multi-Trade Contract Method to Public Construction Project (공공건설사업 직할시공제 적용의 문제점 및 효율적 적용 방안)

  • Chang, Chul-Ki
    • Korean Journal of Construction Engineering and Management
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    • v.14 no.2
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    • pp.35-44
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    • 2013
  • Multi-trade Contract Method was introduced as a means of cutting down construction cost of public housing for low income people. Before a specific project delivery method is applied to large public construction project, it is necessary to discuss all the issues raised up from all the parties in construction industry and all the issues which can impact project performance. Thus the interviews were conducted with industrial professionals from diverse organizations and previous studies were investigated to figure out how this newly introduced project delivery method may impact owner's role and responsibility and project performance in terms of cost, schedule, quality and risk. Under the Multi-trade Contract Method, project owner's management tasks will be highly increased, so it should be checked out if the owner can do its role and responsibility. Public owner's organization also needs to be changed and proper project management procedure and system need to be established. In addition, for efficient application of Multi-trade Contract Method, public owner should consider diverse management approach to deliver the project, and how to select and maintain qualified specialty trades.