• Title/Summary/Keyword: Contract System

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A Study on Recoverability of Opportunity Profits Loss upon Time-Delay in Construction Contract (건설공사의 공기지연과 기회이익의 손실보전에 관한 연구)

  • Chun Jae-Youl;Lee Kyung-Kook
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.359-364
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    • 2003
  • The loss of potential opportunity profit which is consisting in the partial markups of the corporation would taking placed in related with the time-delay deeply, has customarily disregarded in contract adjustment under the principles of denial of cost accounting method, declined conjecture in the point of benefits and protection of the law in scope of compensation and the restricted conditions of constant contract. It is being resulted from that the policies of the general principles of accounting standards which is subjected to ask an objective data and evidence, and the denial system as a debt derived from imperfect legal theory applied by current law. Therefore, it is necessitated to find if any irrationality in the positive system is and further to draw an improved reasonable measures to adopt by review of constant system preparing tile reasonableness with the method of suitable quantification devices provided that any time-delay is induced by the party.

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A Study on the Application Scheme of the Warranty delivery system in Domestic Private Finance Initiative (국내 민간투자사업의 성능발주제도 도입에 관한 연구)

  • Kim, Dae-Kil;Lee, Sang-Beom
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.527-530
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    • 2007
  • The construction market has gradually become complexity, variety and specialization, and then owner's requirements about quality has become various. In order to solve the problem such as stated above, advanced constructions in France, United Kingdom, Japan and United States have introduced warranty contract which is warranted to quality and performance for need of owner in determined term to ensure the quality of construction since 1960s. In addition to, domestic constructions have been meeting with international competition because of the open BOT market from FTA. Finally, this study proposed new warranty delivery system model in PFI on considering domestic status by benchmarking the delivery process and the characteristics of the warranty contract which is applied to PFI of global.

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The Validity of Consumer Arbitration Agreement - Focusing on U.S. Cases - (소비자 중재합의의 유효성 - 미국판례를 중심으로 -)

  • PARK, Eunok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.43-67
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    • 2018
  • Arbitration is one of alternative dispute resolution systems which settle a dispute by arbitrators(private persons) based on a contract between contracting parties without a judicial litigation system involved. As a valid arbitration agreement is an essential requirement for commencement of arbitration, the first thing to be determined is whether there is a valid arbitration agreement or not when a dispute is submitted. A consumer arbitration agreement usually exists as an arbitration clause in an adhesive contract between consumers and a seller. When consumers buy a product from a seller, they are requested to agree on a general terms and conditions which are unilaterally drafted by a seller in advance. These terms and conditions are not negotiable because it is an adhesive contract and consumers are placed in "take-it-or-leave-it" position. Therefore, even though there is an arbitration agreement between consumers and a seller, it has to be carefully considered whether it has a legal effect or not. In this respect, a court will examine if an arbitration agreement has procedural unconscionability and substantive unconscionability. Therefore, as U.S is a well-advanced and arbitration-friendly country, this paper analyzes four U.S cases to find out (i) what a court considers, (ii) how a court examines and interprets procedural and substantive unconscionability and (iii) if there has been a change in regard to a court's decision. By doing so, it will provide some suggestions and guidelines for a consumer arbitration in Korea.

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Assessment of Food Service Management in University Food Service (대학급식소의 운영특성에 따른 급식관리 평가)

  • 조순희;홍성야
    • Korean journal of food and cookery science
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    • v.14 no.5
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    • pp.482-491
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    • 1998
  • The objectives of this study were to characterize the food service managements in university food services. In a survey involving university food service centers throughout the country, the importance, performance scores and policies for food service management were investigated. Of the total 40 institutions surveyed, 23 were run directly by the institution, eight by contract, and nine by rental. Data were analyzed by t-test, ANOVA using the SPSS program. Management system was evaluated separately for organization, human resources, finance, nutrition education, purchasing, quality control, sanitation and safety, and marketing for their relative importance, degree of performance, and policy establishment. It was found that the relative importance scored higher than the degree of performance and policy establishment. When rhe relative importance for the direct, contract and rental operations was compared, the rental operation scored the highest. Performance score of direct was the highest in direct operation. The findings of this research suggest that the university food service should be creative through systematic management, and further research is needed to evaluate various variables that influence productivity, such as employee morale, pleasant working environment, customer satisfaction, and introduction of TOM for university food services.

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A Study of School Librarian Experience of Burnout: Focused on Contract Teacher Librarians and Contingent Librarians (학교도서관 사서직의 소진 경험에 관한 연구 - 기간제 사서교사와 계약직 사서를 중심으로 -)

  • Lim, Seong-Gwan
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.30 no.3
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    • pp.171-193
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    • 2019
  • The purpose of this study is to investigate how contract teacher librarians and contingent librarians working in school libraries experience burnout, and to provide basic data that will serve as a reference guide for finding counter measures. In order to achieve the purpose of the study, 100 librarians (teachers) from the school library in Seoul & Gyeonggi Province were surveyed to investigate how their societal characteristics, working environment and conditions, psychological state affect their burnout. As a result, school librarians (teachers) felt almost no burnout, but the most influential factor was self-esteem. In addition, the satisfaction with the compensation system was less than average, and there was a need for improvement.

A Study on Digital Content Copyright Management and Verification Platform using Blockchain (블록체인을 활용한 디지털 콘텐츠 저작권 관리 및 검증 플랫폼 연구)

  • Sim, Hyun
    • The Journal of the Korea institute of electronic communication sciences
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    • v.17 no.1
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    • pp.193-200
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    • 2022
  • In this study, the intellectual property rights of digital contents (creations) are protected by using block chain technology that cannot be damaged or forged. So, we build a blockchain-based content sales revenue tracking system and platform that activates the transaction and distribution of digital content (creation). We developed an API server that can be used for content registration and revision history management smart contract, license management smart contract according to content purchase, content inquiry function through files and hashes, and web and APP services. Through this, it is possible to prove the relationship between the rights of the creators of digital content creations and protect the rights of the creators.

Characteristics and Current Status of Library E-book Purchase Contracts (도서관의 전자책 수급 계약의 특성과 실태)

  • Hosin Lee
    • Journal of the Korean Society for Library and Information Science
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    • v.57 no.1
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    • pp.435-456
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    • 2023
  • This study aims to check whether e-book purchase contracts have sufficient requirements to serve as legal basis for e-book lending outside the library, and also to understand the current status and characteristics of the library's e-book purchase contracts. To this end, the legal and technical environment related to e-book lending was reviewed, and the elements that must be included in the license contract were summarized as the legal basis for e-book lending. Based on this, it was analyzed whether these requirements were properly reflected in actual contract cases. For three years from 2020 to 2022, the actual 43 contracts that were bid through the Korea On-line E-Procurement System were inspected, and then problems were pointed out, and improvement measures were proposed.

A study on the Application of the Contra Proferentem Rule in the Interpretation of Marine Insurance Policies (해상보험증권의 해석상 작성자 불이익의 원칙의 적용에 관한 연구)

  • Seong-Hoo Kim;Nak-Hyun Han
    • Korea Trade Review
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    • v.45 no.5
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    • pp.279-301
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    • 2020
  • In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

A Pattern of Multimodal Transport Liability and its Adaptation on Practice (복합운송인(複合運送人)의 책임(責任) 한계(限界)에 대한 형태별(形態別) 분류(分類)와 실무상(實務上) 적용(適用))

  • Kim, Joong-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.257-281
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    • 2000
  • The world economy is becoming increasingly globalized. The globalization has resulted in far reaching agreements to deepen trade liberalization and enlarge its scope to cover new areas in addition to strengthening its supporting institutional base. Economic growth has developed international trade which has accelerated the development of international carriage of goods in 21st century. The international trade is basically founded on the contract of international sale of goods and backed up by the contract of international carriage of goods and the insurance on the goods carried. It is essential to incorporate each other sections for the efficient development of international trade. As a result of rapid expansion of international carriage of goods, rationalization of transport was required, which has brought about the International Multimodal Transport System through containerization. The approach to liability system will be a right way to solve the insurance problems for the development and enlargement of world trade volume. International multimodal transport system has affected international trade a lot, especially the field of insurance a grate deal. This paper is to analyze contents of liability system on Multimodal Transport with in the UN Convention on International Multimodal Transport of goods.

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Secure large-scale E-voting system based on blockchain contract using a hybrid consensus model combined with sharding

  • Abuidris, Yousif;Kumar, Rajesh;Yang, Ting;Onginjo, Joseph
    • ETRI Journal
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    • v.43 no.2
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    • pp.357-370
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    • 2021
  • The evolution of blockchain-based systems has enabled researchers to develop nextgeneration e-voting systems. However, the classical consensus method of blockchain, that is, Proof-of-Work, as implemented in Bitcoin, has a significant impact on energy consumption and compromises the scalability, efficiency, and latency of the system. In this paper, we propose a hybrid consensus model (PSC-Bchain) composed of Proof of Credibility and Proof of Stake that work mutually to address the aforementioned problems to secure e-voting systems. Smart contracts are used to provide a trustworthy public bulletin board and a secure computing environment to ensure the accuracy of the ballot outcome. We combine a sharding mechanism with the PSC-Bchain hybrid approach to emphasize security, thus enhancing the scalability and performance of the blockchain-based e-voting system. Furthermore, we compare and discuss the execution of attacks on the classical blockchain and our proposed hybrid blockchain, and analyze the security. Our experiments yielded new observations on the overall security, performance, and scalability of blockchain-based e-voting systems.