• Title/Summary/Keyword: Contract Terms

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The Legal Structure of Guard & Security Contract and the Prevention & Resolution Method of Security Disputes (경호경비계약의 법적 구조 및 분쟁의 예방과 해결 방안)

  • Ahn, Sung-Cho
    • Korean Security Journal
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    • no.11
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    • pp.129-157
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    • 2006
  • With rapid social change, by culminating the social hazards and the safety problems about it are on the increase too. According to the needs for the safety the demand of the private guard & security provided the safety and security service against danger is also increasing. As the need for the safety is increasing, so recently the private guard & security industry is extended. Therefore the purpose of this study is to grasp and carry out researches into the legal structure on the Security contract, is to analyze the formation of contract and find out the ensuing problem in order to prevent or settle the dispute which is apt to occur between the specific client and the security companies. In order to minimize the dispute going with security relationship in particular, it is necessary that one should write down the agreed contents as the document explicitly to make a security contract with the parties. Hereupon in the plan which standardizes the security contract with each parties autonomously, it is suggested that this study should present the model of Dispute Resolution Clause Especially it is the best means that it is amicable consultation or negotiation as the effective way of settlement methods of private dispute arising from the concerned parties. In inevitable case it recommends the method which solves the dispute by means of an arbitration than litigation at administration of justice(in terms of jurisdiction). If the parties wish to settle the disputes by arbitration, they must come to an arbitration agreement in the form of a arbitration clause in the security contract. After the test and evaluation through application utilizing it in actual security field, the security standard contract regulates about it and this terms should widely apply a individual case to whole industry.

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An analysis of terms presented in Elementary school science textbooks (초등학교 과학 교과서에 제시된 용어 유형 분석)

  • Kwon, Chi-Soon;Sin, Won-Sub
    • Journal of the Korean Society of Earth Science Education
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    • v.3 no.2
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    • pp.141-147
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    • 2010
  • This study was carried out to analyze terms in primary science textbooks. The results of the research are as follows. 1. The higher-grade science textbooks use more types of categories and less definitions for terms. Only 14% of definitions for terms are showed in textbooks, and no more than 0.4~0.6 definitions shows the shortage of definitions for terms in one class content. 2. The definitions by contract, which forms 68%, was the highest in elementary science textbooks. And the dictionary definitions, which are 62%, was the highest in experiment-observation textbooks. 3. The most used type of definitions is the way which is used for a case or a indicating methods, and its rate is increasing steadily. And its rate was 76% of the whole of terms. 4. Terms used in energy field are few as compared with terms of other fields. Each field has completely different ways of defining terms and presenting content in textbooks to other fields.

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A Study on the Service Provider's Duty to Provide Services in Conformity with the Contract under the DCFR (DCFR상 서비스제공자의 계약에 적합한 서비스제공의무에 관한 연구)

  • Lee, Byung-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.50
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    • pp.27-59
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    • 2011
  • This article attempts to describe and analyze the rules on the service provider's duty to provide his service in conformity with the contract under the Draft Common Frame of Reference (here-in-after DCFR), which are applied to construction, storage, design and factual information contracts. It categorizes such rules in accordance with the requirements of conformity with the contract, the time when the service provided must be in conformity with the contract, and the exemptions of the service provider's duty. On the basis of such categorization, it examines the rules on the service provider's duty in each type of service contract under the DCFR. By doing so, it seeks to figure out how the members of EU compromised on the various issues of the service provider's duty under the DCFR which is regarded as the first uniformed legislation in the area of the service contract. This may provide some guidance to the legislators of domestic law for their amendment or interpretation of their laws. In addition to them, this article also seeks to point out problems in terms of their interpretations and gaps in their rules to cover various aspects of non-conformity and put forward some solutions for such problems and gaps.

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A Study on Some Issue of Application of Art. 35(1).(2) CISG (CISG 제35조(1).(2)항의 실무적 적용상의 유의점에 관한 소고)

  • Heo, Kwang-Uk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.75-97
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    • 2009
  • Article 35 of the CISG defines standards for determining whether goods delivered by the seller conform to the contract in terms of type, quantity, quality, and packaging. When we apply these article 35(1), (2) of the CISG to the business connection, we will face several issues in the business connection. Fist, we will face the interpretation of contracts. When we interpret the contract, we must remember the article 8 of the CISG. Statements made by and other conduct of a party are to be interpreted according to the intent of parties. Therefore parties of contract must describe their intent correctly. Second, we must make out a contract in written about the promised contents. And it is needed to insert a merger clause in order to prevent part of contract from disagreeing with each other. Third, there are several interpretation of fitness for the purpose for which the goods would ordinarily be used. So it is important to describe the quality standard to be applied. If it does not describe the standard, it is helpful to apply the reasonable quality test. Fourth, there may be some doubt regarding the question of whose standard-that of the seller's or that of the buyer's state-is relevant in order to determine which characteristics the goods must have in order to be fit for their ordinary purpose. Ultimately, the question of the relevant standard is a matter of the interpretation of the contract.

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Review of Legislation Case in Main Country about the Validity of International Commercial Contract (국제상사계약의 유효성에 관한 주요국가의 입법례 검토)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.153-178
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    • 2016
  • The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

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Foodservice Satisfaction of Patients over 60 according to the Type of Foodservice Operation: The Case of B Hospital (급식운영방식에 따른 60세 이상 환자들의 급식 만족도 - B병원을 대상으로 -)

  • Lee, Shin Hey;Choi, Jung Hwa
    • The Korean Journal of Community Living Science
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    • v.26 no.4
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    • pp.683-696
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    • 2015
  • This study measures patients' meal satisfaction according to the type of operation (self-operation and contract operation) and identifies improvement areas. A survey was conducted using 183 contract operation patients and 60 self-operation patients receiving general meals. The mean score for satisfaction for the whole sample was 3.42 (self-operation = 3.51; contract operation = 3.39), and self-operation satisfaction was significantly higher than contract operation satisfaction. Mean scores were 2.98 for food, 3.26 for menu composition, 3.57 for sanitation, 3.78 for distribution meal services, and 3.50 for menu information. Self-operation showed a higher satisfaction level than the contract operation in food and menu composition. The ccontract operation showed a higher level of satisfaction than self-operation in sanitation, distribution meal services, and menu information. In terms of feeling dissatisfaction with meal services, both groups showed the highest dissatisfaction with food and menus, and both groups agreed on food and menus that required the greatest improvement. Based on the results, contract operation managers should develop and apply menus considering their preferences. Dietitians of self-operation strengthen communication between meal service staff and patients by carrying out periodic and systematic service education on self-operation.

Customer Satisfaction Index of Business & Industry Foodservice Operations in Pusan and Kyeung Nam Area (부산 , 경남지역 사업체 급식소 운영방식에 따른 고객만족지수)

  • Ryu, Eun-Sun
    • Journal of the Korean Dietetic Association
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    • v.4 no.2
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    • pp.152-159
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    • 1998
  • The purpose of this study was to compare the customer satisfaction index(CSI) between 8 self-operated foodservices and 6 contract foodservices in Pusan and the Kyeung Nam area. There were 438 subjects for self-operated foodservices, and 384 for contract foodservices. The questionnaire was used in this study as a survey method and was concerned with quality of food(Ⅰ)(Ⅱ), sanitation, facilities, information service, and employee sevice area. Data from customers were analyzed by using the $SPSSPC^+$ program, and in terms of frequency, and t-test. The results are as follows; 1. Sanitation was the most important factor in both self-operated and contract foodservices. 2. Contract foodservices showed a higher mean rating in both facilities and employee service than did self-operated foodservices in the satisfaction. 3. In self-operated foodservices, men had a significantly(p>0.05) higher CSI in all areas then women, but contract foodservices did not have this difference. 4. Contract foodservices had a higher CSI in quality of food(Ⅰ), sanitation, facilities, information service, and employee service area, and was also in higher total CSI, than self-operated foodservices.

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The Effect of Customer Co-development on Firm Value (고객참여 제품개발이 기업 가치에 미치는 영향)

  • Jongkuk Lee
    • Asia Marketing Journal
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    • v.12 no.3
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    • pp.25-41
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    • 2010
  • Customer participation is a strategic tool to facilitate the process of developing new products. This study distinguishes between two types of customer participation - customer codevelopment and contract development, and examines the benefits of customer codevelopment relative to contract development for firm value through an event study. The analysis of customer participation announcements in the biotechnology and pharmaceutical industries shows that the benefits of customer codevelopment relative to contract development on firm value are contingent upon firm- and relationship- level factors. Specifically, this study finds that the announcement of customer codveloplment contributes better to abnormal stock returns of a firm when the firm has a higher level of R&D relationship experience or when the customer codevelpment is complemented by formal contract terms, such as equity investment. The findings of this study provide important theoretical and managerial implications by revealing the boundary conditions for the benefits of customer codevelopment relative to contract development.

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Study on Assessment of Damage arising from Breach of Contract for Early Redelivering Vessel of Time Charterers under International Contract of Transport by Sea (국제해상운송계약상 정기용선계약의 조기반선계약위반으로 인한 손해배상액의 산정문제에 관한 연구)

  • Se-Hwan Joo;Nak-Huyn Han
    • Korea Trade Review
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    • v.45 no.1
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    • pp.119-135
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    • 2020
  • It is well-known that if a claim for damage [Note: Damage can be singular or plural] is made based on a breach of contract, calculating the existence and magnitude of certain profits to be deducted based on the damage can be problematic. In the case of a time charter party, even if the early redelivering vessel by the time charterers constitutes a breach of contract, it is still not an exception. In particular, interest in the shipping business seems to be relatively high in terms of how claims for damage by ship owners have been adjusted. In the case of the New Flamenco, there is a debate over whether or not to deduct the difference between the sale price immediately after redelivering the ship and the sale price upon expiration of the contract from the damage based on the breach of contract for the early time charter redelivery vessel. This paper focuses on this case since it appears to be of practical importance and has implications on how to calculate the amount of damage in the case of cancellation for early redelivery vessel in a time charter party.

The Significance of Contract Law for Efficient Mergers and Acquisitions (M&A) Procedure

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