• 한국산업보건학회지
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• 제32권3호
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• pp.279-286
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• 2022

Objectives: South Korea's occupational safety and health legislation appears on the surface to have stronger regulations than any other country, but it is criticized for having many problems when viewed from the perspective of the effectiveness and universality of these regulations. Therefore, it is necessary to consider the validity of the regulatory content and the methods for contract work in South Korea. Methods: The main issues in contract work are compared and analyzed in terms of the occupational safety and health laws systems in South Korea and other developed countries. Based on this, problems related to contract regulation are derived from the perspective of legal policy studies. In addition, effective improvement measures for the derived problems will be proposed. Results: Other developed countries impose obligations suitable for the status and role of persons who entrust work in consideration of the fact that they do not directly manage risks and in terms of the effectiveness of industrial accident prevention. These countries generally impose obligations such as management of facilities and machinery, cooperation and coordination with subcontractors, cooperation and coordination obligations between subcontractors, and guidance obligations on a person who entrusts a work. Conclusions: It is difficult to achieve effectiveness in preventing accidents with based on unreasonable regulations that do not conform to safety principles or legal theory. Regulations on contract work need to be converted to rational cogent regulations based on science and rationality, not ideology and emotion. To this end, the legal system for contract work must have international universality.

• 국제학술발표논문집
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• The 5th International Conference on Construction Engineering and Project Management
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• pp.141-144
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• 2013

This paper presents a system called a Cash-flow based Construction Schedule Optimization system(CfSO). The existing CPM effectively handles schedule and cost management. However, funding strategy should be considered to obtain maximum profit and to progress a project favorably. One of measures is to coordinate the contract terms between owner and subcontractors (or suppliers). Contractor may decrease the interest cost attributed to project financing by adjusting the timing of cash-inflows and cash-outflows. It is an excellent method maximizing profits. This paper presents a method to estimate the amount of a cash-flow occurred periodically by integrating the terms of contract into scheduling. The proposed method is implemented as a system prototype in Microsoft Excel. This system provides a user an automated tool that identifies an optimal schedule that secures maximum profit by adjusting start and finish times of non-critical activities' free-floats without affecting on the project completion time. This system supports a project manager to establish an optimum project schedule and identifies profitable contractual conditions against to a construction owner.

• 한국중재학회지:중재연구
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• 제24권4호
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• pp.127-145
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• 2014

The wording of Article 18 shows that a statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Meanwhile, Article 19 states that this reply with different terms is a rejection of the offer and constitutes a counteroffer. For example, additional or different terms relating, among other things, to the price, payment, quality and quantity of the goods, place and time of delivery, extent of one party's liability to the other, or the settlement of disputes are considered to alter the terms of the offer materially. However, this reply with different terms which do not materially alter the terms of the offer constitutes an acceptance unless the offer or, without undue delay, objects orally to the discrepancy or dispatches a notice to that effect. As a result, the acceptance depends on whether different terms are material or not. CIETEC holds that the deletion of contract violation liability clause is not equal to an alteration to the extent of one party's liability to the other as stipulated in Article 19(3) of the CISG. In addition, CIETAC recognizes that one party had orally accepted the modifications made to the sales confirmation, with even China declaring against an oral contract. Lastly, CIETAC holds that the sales confirmation has been established when both parties signed on the sales confirmation instead of the acceptance being effective. Korean companies should, thus, note these issues when they solve disputes at CIETAC.

• 무역상무연구
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• 제69권
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• pp.85-105
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• 2016

The fact that one of the parties to the sale contract has had to pay demurrage to the shipowner under LD clauses in the charterparty does not of itself mean that he can recover that loss from his sale counter party under the sale contract: the route to such recovery is through express clauses in the sale contract itself. LD clauses in a sale contract stand free and independent of their counterparts in the relevant charterparty. LD clauses in a sale contract should be construed and applied as clauses in sale contracts, not as adjuncts to charterparties. Their interpretation should therefore be coloured not by decisions on laytime and demurrage in charterparties, but by their relationship to the contractual duties of CIF and FOB sellers and buyers. The results discussed here have implications for the drafting of LD clauses in sale contracts. If unwelcome surprises are to be avoided, it seems to advisable to start from the principle: what exactly do traders want or need in LD clauses. They need a clause which covers them against charterparty losses where those losses are the result of dealy caused by the counterparty to the sale contract. The parties to the sale contracts are well advised to prepare LD clauses concentrating on that purpose and bearing in mind the followiing questions. First, should the loading and discharge code in the sale contract appear in traders' or trade associations' standard terms and conditions or should they be left to ad hoc negotiation in contract sheets? Second, should that code be as complete as possible, covering loading or discharge periods or rates, demurrage and despatch, or is it enough for only some of those matters to be covered explicitly, leaving other matters to be governed" as per charterparty"? Third, does the introduction or incorporation of a stipulation for the giving of a notice of readiness make the start of laytime more or less predictable as between seller and buyer? Finally should a loading and discharge code in a sale contract actully be called a "laytime and demmurrage clauses"?

• 아태비즈니스연구
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• 제11권3호
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• pp.273-290
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• 2020

Purpose - The purpose of this paper is to examine the buyer's right to avoid the contract under SGA and CISG. Design/methodology/approach - This paper has conducted literature reviews to analyze the right to avoid the contract of the buyer based on the comparative study. Findings - Under s. 11(3) of SGA, the breach of a condition and an intermediate which deprives the buyer substantially of the whole benefit of the contract may give rise to a right to treat the contract as repudiated. But under Art. 49 of CISG, the buyer has the right to terminate the contract where the seller's failure to performance amounts to a fundamental breach of contract. Regarding the breach of an intermediate and the breach under CISG, the buyer should take into account where the seller's breach is fundamental or not. Moreover, an anticipatory breach can give rise to a right to avoid the contract. The anticipatory breach of a condition justifies termination. The breach of an intermediate and the breach under CISG require an anticipatory fundamental breach of the contract. Under SGA, the buyer has to prove an anticipatory breach in fact but CISG does not require virtual certainty, which SGA has stricter criteria to assess an anticipatory breach. Research implications or Originality - Comparative study helps to understand the nature of provisions under SGA and CISG and suggests practical advice to choose applicable laws. SGA gives more certainty to classify a contractual term. In case of the breach of a condition including the anticipatory breach under SGA, the buyer does not have to ask how much serious the breach is. But CISG requires the fundamental breach of the contract, which means that the buyer has the more burden of proof compared with SGA.

• 한국국방경영분석학회지
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• 제37권1호
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• pp.99-118
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• 2011

국가를 당사자로 하는 계약에 관한 법률에 따라 계약담당공무원이 예정가격을 결정할 때는 거래 실례가격, 원가계산에 의한 가격, 감정가격 등을 기준으로 계약수량, 계약이행 기간, 수급상황, 계약이행의 난이도, 계약 조건 및 기타 제반여건을 참작하여 부당하게 감액하거나 과잉 계산되지 않도록 하여야 있다. 그러나 예정가격 제도가 계약담당공무원의 감사대비용으로 사용되는 등 국가계약법상의 목적과 다르게 결정되고 있다. 본 연구에서는 예정가격에 영향을 미치는 요인들을 식별하여 실증분석을 수행하였다. 본 연구의 결과는 바람직한 예정가격 제도의 정착을 위한 토대가 될 것으로 기대된다.

• 무역상무연구
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• 제32권
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• pp.29-56
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• 2006

This article primarily concerns the various aspects of the rules to control express terms particularly in standard form which seek to absolve either wholly or in part from the seller's liability for non-conforming goods. It describes and analyzes in detail how English law regulates such terms. In this analysis, it places the following questions; first, whether each jurisdiction treats the seller's liability for non-conformity in quality and quantity as mandatory rules, second, if it does, to what extent it is treated so and third, if not, in what way it controls the seller's attempt to exclude or restrict his liability for non-conformity in quality and quantity. In addition, it attempts to compare the rules under English law with those under Korean law and to evaluate them in light of the discipline of comparative law. In an attempt to evaluate them, it asks the question of whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. The evaluation is based upon the idea that the problems of fairness associated with the use of standard terms occur where the customer is unfairly taken by surprise due to his ignorance of the terms, or where even if he knows of the substance of the terms and objects to it, he is met with a take-it-or-leave-it situation.

• 동아시아경상학회지
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• 제11권2호
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• pp.39-57
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• 2023

Purpose - This paper is to examine the work of a third party in the process of import and export management. In other words, the purpose of this paper is investigate the status and functional role of a third party in relation to each terms of the trade contract. Research design, data, methodology - This study consists of 5 chapters through literature survey. It will examine the involvement of the third party through each terms. Chapter 1 introduction, Chapter 2 deals with trade contracts, Chapter 3 investigates the shipping terms, payment terms, and insurance terms, and Chapter 4 reviews with commercial arbitration. And in Chapter 5, it looks at the conclusion and implications. Results - The relevant party in the import and export management process may be a third party through outsourcing, not the principal. At this time, in fulfilling each condition of trade, it can be seen that the implementation of tasks through the participation of a third party with high expertise can more smoothly and productively implement the overall import and export management. Therefore, it can be seen that the implementation of the trade business in which the third party participated can be interpreted in terms of derivative effects and at the same time can be a way to improve the principal's competitiveness procedurally. Conclusions -Through this study, in the import and export management, the performance of the work through the agent makes the entire process more smooth and efficient. Outsourcing of roles using the expertise of a third party, a subcontractor rather than a principal, is desirable and important.

• International Journal of Reliability and Applications
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• 제8권2호
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• pp.183-197
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• 2007

There is a growing trend for asset intensive industries to outsource maintenance services of their complex assets since outsourcing through service contract reduces upfront investments in infrastructure, expertise and specialised maintenance facilities. Estimation of costs for such contracts is complex and it is important to the user and the service providers for economic variability. The service provider's profit is influenced by many factors such as the terms of the contract, reliability of asset, and the servicing strategies, costs of resources needed to carryout maintenance. There is a need to develop mathematical models for understanding future costs to build it into the contract price. Three policies for service contracts are proposed in this paper considering the concepts of outsourcing maintenance service of assets to the service providers. Conceptual models are developed for estimating servicing costs of outsourcing through service contracts by considering time dependent failure mode.

• 무역학회지
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• 제47권3호
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• pp.129-139
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• 2022

Ethical issues in international trade will first need to be resolved through applicable public methods. However, considering that there is a party who produced and manufactured the goods, that is, a seller, and a buyer who purchased the goods, the area of the public law is now a matter of private law. Since the CISG does not mention the term 'ethics' in the full text, an ethical consideration is needed to interpret using existing provisions. In addition, a review of the validity, explicit and implied conditions, trade usages, or established practices between the parties through the CISG shows that ethical issues between the trading parties subject to the CISG may constitute part of the sales contract. Ethical hardship in the process of implementing the contract can also be seen as a impediment in the CISG. However, the safe way for a party to avoid disputes is to explicitly insert a contract clause incorporating ethical standards in the contract or add related terms and conditions and codes of ethics.