• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.155-219
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• 2004

This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

• Environmental and Resource Economics Review
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• v.9 no.2
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• pp.421-449
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• 2000

The objective of this paper is to examine whether it is feasible to introduce an crude oil futures contract on domestic commodity exchange in order to minimize the price risks of imported crude oil. In addition. this study suggests the policy issues to promote futures trading and the alternatives to use foreign energy compares the five criteria to evaluate the feasibility of crude oil futures trading on the domestic exchange. Related to the possibility of successful futures trading of imported crude oil on the domestic exchange, they are evaluated as follows: it is highly possible to succeed for the aspects of price volatility, potential market size or liquidity, and commodity homogeneity; but it is inappropriate for the aspects of deliverable amounts and market power or market structure. Therefore, it is concluded that trading a new futures contract for the underlying imported crude oil on the domestic exchange is inappropriate. For the policy issues and the hedging alternatives, first, it is urgent to establish an atmosphere for futures trading by promoting spot trading. Second, for the case of futures trading on the domestic exchange it is important to consider the simultaneous hedging of crude oil price and foreign exchange risks and mutual offsetting mechanism with major foreign exchanges. Third, for the case of futures trading on foreign exchanges it is reasonable to regard cooperation among concerned companies, government support for futures trading and direct participation into futures trading by the government.

• 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.

• Journal of Korea Society of Digital Industry and Information Management
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• v.18 no.2
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• pp.111-125
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• 2022

The general view of the division of affiliates of many large corporations is a reorganization of the governance structure, and the smooth division of affiliates is often well wrapped up in a beautiful breakup. However, the parties to the breakup are not only the owners of the company, but all employees as well. Separation of the owner family can be done with joy and good feelings, because they are separated according to the will of the owner family, and each becomes the owner of the company. As Commitment decreases and turnover behavior appears, it is necessary to take a strategic approach to members, along with consideration. This study looked into the recent separation of LG Group's affiliates based on this point of view. To this end, we focused on the case of LX Hausys of LX Group, which was separated from LG Group. To this end, through a meeting with the person in charge of LX Hausys, the company's response to the division was investigated, and FGI was conducted for retired and current members. As a result, it was confirmed through the person in charge that no appropriate measures were taken due to the separation of the company. Through FGI with the retirees and incumbents, the psychological resistance of the members and the decrease in organizational commitment and the increase in turnover intention was confirm.

• Industrial Engineering and Management Systems
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• v.9 no.2
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• pp.97-106
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• 2010

Can eBay.com's fee structure coordinate the channel? It's a critical strategic problem in e-commerce operations and an interesting research hypothesis as well. eBay's fees include three parts: monthly subscription fee, insertion fee, and final value fee (i.e., a revenue sharing portion), which represent a generic form of revenue sharing fee structure between the retailer and the vendor in a supply chain. This research deals with such a channel consisting of a price-setting vendor who sells products through eBay's marketplace exclusively to the end customers. The up- and down-stream channel relationship is consignment-based revenue sharing. We use a game-theoretic approach with assumption of the retailer (i.e., eBay.com) being a Stackelberg-leader and the vendor being a follower. The Stackelberg-leader decides on the terms of revenue sharing contract (i.e., fee structure), and the follower (vendor) decides on how many units to sell and the items' selling price. This study formulates several profit-maximization models by considering the effects of the retail price on the demand function. Under such settings, we show that eBay's fee structure can improve the channel efficiency; yet it cannot coordinate the channel optimally.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.486-489
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• 2004

To enlarge the international competition and construction productivity, the domestic construction market attracts the private capital and expands the facility of :iocial Overhead Capital(SOC). However, the application of the business system used at the public project didn't utilize the effect of social overhead capital. It caused problems that parties' business was inefficient and their allotment of the risk was inadequate. This paper presents the course to reorganize the business system which the coincides with the origin aim of the SOC. For the reformation of the supervisor's work scope and business system and the government's overall project management, in other words, this paper proposes the professional organization to replace the superintendence and the formation of optimal business system. This paper confirms the privity of contract among parties of SOC project and parties' work scope and system between relative laws and concession agreement that government made a contract with Special purpose Company (SPC).

• Journal of Digital Convergence
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• v.11 no.10
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• pp.71-77
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• 2013

Broadcaster and production studio inevitably take the risk in Korea because the outsourced drama is contracted before produced. However, it is important for both parties to share risk and reward. This study seeks to assess the fairness of the copyright contract between broadcaster and production studio by examining whether they both have the balanced risk and reward structure. For the study, revenue and cost elements with their amounts are identified, which come from TV commercials, oversea sales, the secondary windows, sponsorship, and product placement. Next, the revenue and COGS (Cost of goods sold) of broadcaster and studio are estimated for both cases of when drama becomes successful or not. The analysis reveals that the current copyright agreement allows broadcaster hold low risk but high reward whilst production studio takes high risk low reward. However, the result doesn't imply that government intervention is justified because demand and supply determine the negotiation power in a free economy.

• The Journal of Society for e-Business Studies
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• v.6 no.1
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• pp.55-67
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• 2001

Over the past decade, the topic of work breakdown structure (WBS) has gained an increasing amount of attention from information technology Professionals as an effective tool for managing the complexity of a large-scale information system development project. It is a method for planning and controlling a large-scale information system development. A WBS provides the basis for project organization, cost estimation, task scheduling, and contract management. Based on the authors' practical experience, this paper discusses how to establish a specific WBS and some considerations for developing a well-defined WBS. The model of WBS suggested in this study will provide useful insight and guidelines for establishing the spec-ific WBS for a large-scale information systems development.

• Journal of the Korean Society of Combustion
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• v.7 no.1
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• pp.31-36
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• 2002

Vortical structures are investigated numerically for both cold and combusting flows from a two-dimensional bluff-body burner in the transitional flow regime from steady to unsteady state. The Reynolds number of the central fuel flow is varied from 10 to 230 at a fixed air Reynolds number of 400. The flame sheet model of infinite chemical reaction and unit Lewis number are assumed in the simulation. The temperature dependence of the viscosity and diffusivity of the gas mixture is also considered. The vortex shedding is observed depending on the fuel flow. For cold flow, four different types of vortical structure are identified. However, for combusting flow of methane-air system the vortical structures change significantly due to a large amount of heat release during the combustion process, in contract to cold flow.

• Journal of Korea Water Resources Association
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• v.32 no.5
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• pp.537-545
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• 1999

This study examines three counterplans for the improvement in price structure of Korean multi-regional water supply system. First, price differentiation between industrial and residential water uses is analyzed using several pricing methods. It has been estimated that the industrial water price by the Ramsey pricing method is needed to be two to two and half times higher than the price of residential water to achieve maximum social welfare. Second, peak-load pricing is then studied to seek for the effectiveness of seasonal differentiation in water price. It has been found that consideration of dam facilities and their functions is the key factor for the effectiveness of the seasonal differentiation in water price. Finally, the discussion about the introduction of contract pricing system to the multi regional water supply system to achieve optimal investment plan for the future water demand is presented. We has found that the introduction of contract pricing system will greatly increase the efficiency in future investment plan of the multi-regional water supply system.