• Title/Summary/Keyword: Contract System

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A Study on the Contract Formation in the Electronic Commerce (전자상거래(電子商去來)의 계약성립(契約成立)에 관한 고찰(考察))

  • Jung, Koae-Young
    • Management & Information Systems Review
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    • v.6
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    • pp.21-43
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    • 2001
  • Contract requires, on principle, a meeting of minds. The basic elements of that contact are an offer by one party and an acceptance of the terms of the offer by the other party. In the electronic commerce an offer and the acceptance of an offer may be expressed by dispach or receipt of data messages. The contract which a data messages is used in the formation may be called electronic contract. The formation of the electronic contract is regulated by the Civil Code or the Commerce Code. The time of the contract formation is regulated by the Civil Code and the Commerce Code. But the time of dispach and receipt of the data message is stated in Article 9 of the Fundamental Law on Electronic Commerce. In this article the dispatch of a data message occurs when it enters an information system outside the control of the originator or of the person who sent the date message on behalf of the originator. The time of receipt of a data message, if the adressee has designated an information system for the purpose of receiving data message, is at the time when the data message enters the designated information system; or if the data message is sent to an information system of the adressee that is not the designated information system, at the time when the data message is retrieved by the addressee; if the addressee has not designated an information system, receipt occurs when the data message enters an information system of the addressee. The time of the electronic contract formation depends on the Civil Code or the Commerce Code and this Article 9 of the Fundamental Law on Electronic Commerce. An electronic contract may be formed by an offer and the acceptance of an offer by dispach or receipt of data message. An offer can not be withdrawn after it is accepted. But in mail-order sales and installment dealing an offer can be revoked after the goods were delivered. In this case the contract is lapsed.

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Development of Project Delivery System for Modular Building in Korea

  • Nam, Sung-hoon;Kim, Kyung-rai;Lee, Dong-gun;Heo, So-young
    • International conference on construction engineering and project management
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    • 2015.10a
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    • pp.704-705
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    • 2015
  • Recent research has been ongoing for modular buildings in the country, and interest increases. However, in accordance with legal restrictions in the country with regard to Project Delivery system of Modular Building, the activation of modular buildings industry is obstructed. In Korea, in accordance with national contract law, the construction contract is apply to the project delivery system of modular buildings, and in accordance with Framework Act on the Construction Industry, The project delivery system of modular buildings has to be a separate order. The definition of separate order in contract as defined in the law is that the electric work and Communication work and digestion facility work has to be separate each contract in order to be ensured professionalism. In accordance with law, the project delivery system of modular buildings is that the contract for construction is concluded with the Owner and the Construction Contractor and the contract for goods is concluded with the construction Contractor and modular manufacturer. Due to these project delivery system, the domestic factory production rate when making a modular unit is significantly reduced compared to the rate of factory production abroad and the domestic factory production rate is estimated to 10-20%. Due to the factory production rate is also low, despite what can be done at the factory the workload in construction field increases. According to the workload in field increases, the effect of the schedule reduction can be reduced. It resolved to form a consortium with a modular manufacturer and construction companies or the contract is concluded with Owner, modular manufacturer and construction companies in each. In this paper, we propose a specific project delivery system for modular building to solve the problem of the low factory production rate and the problem of schedule reduction. Through this paper, due to the variety of project delivery system on modular buildings is expected to contribute to the activation of modular buildings.

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Reviewing Contract of the Buenosaires Water Concession Case with System Dynamics (시스템 다이나믹스를 이용한 부에노스아이레스 수도사업 양여계약사례의 고찰)

  • Lee, Sangeun;Cha, Donghoon;Park, Heekyung
    • Journal of Korean Society of Water and Wastewater
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    • v.20 no.1
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    • pp.104-114
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    • 2006
  • Recently, the PPP (Public-Private-Participate) program on water and wastewater services in Korea has been under an active debate. However, the controversy has reached the limits of getting more valuable implications from past foreign experience beyond conceptual and/or qualitative case studies. This paper analyze scientifically and quantitatively the Buenos Aires Water Concession Project focused on propriety of the contract using system dynamics modeling. The results show that Buenos Aires's Project has several problems in the contract phase even though Argentina government spent much time to design it. Analysis results suggest that estimation of K factor considering delay effect and future uncertainty, reduction of the first fixed terms of contract, etc., are needed for a proper contract.

Component Outsourcing Contracts in a Two-Component Assembly System (두 가지 부품으로 구성된 조립시스템에서 부품 아웃소싱 계약에 대한 고찰)

  • Kim, Eun-Gab
    • IE interfaces
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    • v.22 no.2
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    • pp.165-173
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    • 2009
  • This paper considers a two-component assembly system that makes different types of purchasing contracts by component type and studies the issue of coordinating those contracts. Acquisition of type 1 component is based on the long-term contract. In contrast, type 2 component is intermittently purchased under the sort-term contract. We identify the structural properties of the optimal short-term contract and investigate how the changes in system parameters affect the optimal performance. To provide managerial insights, we compare the short-term and long-term contracts for type 2 component and discuss the conditions that make the short-term contract preferable to the long-term contract. We also present a result which shows that coordinating the contracts of type 1 and type 2 components can be significantly profitable over uncoordinating them.

Research Trends and Problems Regarding Contract Farming (계약 생산에 관한 연구 동향과 과제)

  • Jang, YoungJin
    • Journal of the Economic Geographical Society of Korea
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    • v.19 no.3
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    • pp.535-549
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    • 2016
  • The contract farming scheme of today is a new system that allows the forward and backward linkage of the agribusiness through vertical coordination while also leading the changes within the agri-food system. As contract farming of agricultural products becomes routine in both advanced and developing countries alike, it is gaining the attention of researchers in various fields, including geography. This research discusses the research trends and problems regarding contract farming through literary research on the research progress of foreign researchers on contract farming. The content of the research specifically includes explanations regarding the relationships between the rise of contract farming and changes in the agri-food system and discusses the basic theoretical foundations of contract farming. The research also defines the economic and environmental effects of contract farming and its purpose in regional development policies and concludes with discussions of the possible future research subjects on contract farming.

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Case Studies of a Performance-Based Contract for National Highway Pavement Maintenance (성능보증제도를 적용한 일반국도 유지보수공사 시범사업)

  • Lim, Jaekyu;Kim, Yongjoo;Kim, Myeongil;Lee, Jaejun
    • International Journal of Highway Engineering
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    • v.20 no.1
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    • pp.1-8
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    • 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.

Improvement of Turn-key Contract System through the Analysis of Present Ordering Condition in Civil Engineering Projects (토목공사 수주현황 분석을 통한 턴키${\cdot}$대안입찰제도의 문제점 및 개선방안 연구)

  • Lee Yang-Kyoo;Kang Leen-Seok;Park Jong-Hyuk;Jeon Seong-Chul
    • Journal of the Korean Society for Railway
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    • v.8 no.5
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    • pp.460-469
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    • 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.

A Study on the Adoption of Electronic Contract Service (전자계약서비스의 문제점과 해결방안)

  • Choi, Seok-Beom;Kim, Tae-Hwan;Kim, In-Kyung;Kim, Jae-Hak;Park, Sun-Young;Yoon, Young-Rim
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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    • pp.157-185
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    • 2007
  • The purpose of this thesis is to contribute to the activation of e-contract service for one stop e-trade by analyzing the problems and its solutions in e-contract service at home and abroad. In order to achieve the purpose of this thesis, case studies are done on e-contract service providers such as CECTRUST service of NTT DATA in Japan and HanCM.com of Haansoft in Korea and user companies such as Taisei Corporation using CECTRUST service and Hyundai Card using HanCM.com. The problems in the e-contract service are the lack of e-contract service providers, rare publicity of e-contract service, limited use of e-contract service at only home, higher pricing for e-contract service, short time management of e-contract documents by service providers, no application of newly developed security technology to e-contract service, unsatisfaction of requirements of e-contract service provider as trusted third party, absence of lower pricing e-contract service by service provider, authorizing key error in electronic signature under recognized authentication system in case of fail in renewal of digital certificate and reproduction of digital certificate. The solutions of these problems are the upbringing of e-contract service providers, broad publicity of e-contract service, development of e-contract service on a global basis, establishment of lower pricing for e-contract service, long time management of e-contract documents by service providers, application of newly developed security technology such as bio technology to e-contract service, satisfaction of requirements of e-contract service provider as trusted third party by designation of recognized e-document repository, development of lower e-contract service by way of application service provider(ASP), introduction of time stamping of e-contract document and signature key value. The limitation of this thesis is that the problems and its solutions could not meet with the broad recognition as they are conferred by intuition because of few e-contract service provider.

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An Activation Plan of Electronic Contract Real Estate

  • Youn, Sung-Ho
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.10
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    • pp.175-182
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    • 2016
  • In the 21st century knowledge and information society, Electronic Contracts made with the intention of electronic computer information networks are emerging as a new legal problem which can not be solved in the conventional legal system governing contracts. In other words, the indicator's decision determines the effect and formation of the contracts in the face-to-face or written contracts but electronic decision through computer information network is established the working process of electronic signals-electronic contracts are not only difficult to separate the decision-making process but questioned to be solved by the theory of the general legal action. Ministry of Transportation is scheduled to introduce real estate sales and lease contract using a variety of electronic devices such as computer, tablet PC, smart phones and so on without a paper contract. This system is conducted to global expansion of Seoul in demonstration zone on May 8, 2016 and will be implemented nationwide in the second half of 2017. Electronics contract Real estate has some benefits because made by linking electronic contract system and the electronic registration system - the economic effects discounts on various kinds of fees, the prevention from real estate fraud beforehand and the solution to the complexity of the process the seller and the buyer visits The Real estate agency. However, it has some problem- the disorder in the real estate contract market, the occurrence of the real estate agency accident and the author of the electronic real estate contracts have limited only to realtor. In this paper, I suggest the activation plan to search for establishment and effect of electronic contracts and declaration of intention in electronic depending on the Electronic Contract Real Estate system.

A Long-term Replenishment Contract for the ARIMA Demand Process (ARIMA 수요자정을 고려한 장기보충계약)

  • Kim Jong Soo;Jung Bong Ryong
    • Proceedings of the Society of Korea Industrial and System Engineering Conference
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    • 2002.05a
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    • pp.343-348
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    • 2002
  • We are concerned with a long-term replenishment contract for the ARIMA demand process in a supply chain. The chain is composed of one supplier, one buyer and consumers for a product. The replenishment contract is based upon the well-known (s, Q) policy but allows us to contract future replenishments at a time with a price discount. Due to the larger forecast error of future demand, the buyer should keep a higher level of safety stock to provide the same level of service as the usual (s, Q) policy. However, the buyer can reduce his purchase cost by ordering a larger quantity at a discounted price. Hence, there exists a trade-off between the price discount and the inventory holding cost. For the ARIMA demand process, we present a model for the contract and an algorithm to find the number of the future replenishments. Numerical experiments show that the proposed algorithm is efficient and accurate.

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