• Title/Summary/Keyword: Contract Type

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Classification and Practical Consequences of Malicious Additional Conditions from Letter of Credit (신용장 악의적 부가조건의 유형과 실무상 유의점)

  • KIM, Hee-Kyung;PARK, Kwang-So
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.103-123
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    • 2017
  • If additional condition in letter of credit is used in malicious way, it affects the international trade transaction in jeopardy. Therefore, it's significant to identify whether additional conditions are malicious or ordinary in the transaction with letter of credit. In normal cases, thanks to lots of useful features as an international payment method, such as security of payment, legal protection, and versatility, a letter of credit is widely used in international trade. However, even with these advantageous features, a letter of credit is complicate and costly to use, compared to other payment methods. Furthermore, due to its principle of independence from underlying contract, a use of letter of credit creates another type of concern for proper handling and needs significant caution upon field use. At some points, malicious additional conditions are used for buyer's advantage in deal making and fraud instance in worst situation. In addition, some countries request malicious conditions against sellers as a non-tariff barrier. Therefore it's extremely important to recognize whether malicious additional condition exists in letter of credit and, if so, how to deal with it. This study delivers the information to distinguish and categorize the malicious conditions in various cases and to figure out how to deal with them for safer trade with less risk.

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A Study on the adequacy of Hospital Architecture Deign-Build and Improvement of Assessment Criteria - Focus on the case of Architectural Planning Design Change - (병원건축 일괄입찰방식의 적합성과 평가기준 개선방안에 관한 연구 - 건축계획의 설계변경사례를 중심으로 -)

  • Hong, Seung-Min;Yang, Nae-Won
    • Korean Institute of Interior Design Journal
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    • v.21 no.2
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    • pp.215-222
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    • 2012
  • Design-build is expanding gradually in large construction projects over 10billion won, and continue to work in health care facilities is increasing in this way. This constructional method in health care facilities, despite the many advantages, many problems caused by design changes are being raised. Raises the question of design changes on the side of construction contract, such as approval systems have been studied in the field of construction. The purpose of this study design in aspects of architectural planning on changing the grasp of the issues outlined in the ITB and bid evaluation criteria through consideration of the basic plan for improvement guidelines and evaluation criteria is presented. In conclusion, Design build, according to the presence of existing users are more likely to lead to design changes. Thus, hospital architecture, depending on how it is considered that constructional methods. And evaluation items of ITB(Invitation To Bidder) for a large part of the change in the variables evaluated in the hospital building is not suitable for the design build. Instead, the overall shape of the building and department, unit type and size, vertical and horizontal parts of the circulation system in the shape of the building that does not change in structure and etc should be considered for evaluation.

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Type and Settlement System of Disputes in Electronic Commerce (전자상거래 분쟁의 유형과 해결제도)

  • 이강빈
    • Journal of Arbitration Studies
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    • v.11 no.1
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    • pp.217-245
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    • 2001
  • Like traditional commerce, disputes are bound to arise in the course of conducting an e-commerce transaction. At present of June 30, 2001, 259 cases of dispute on e-commerce have been applied for the mediation of Electronic Transaction Dispute Mediation Committee, types of them are 170 cases of delayed delivery of commodity, 21 cases of contract cancellation and refund, 16 cases of personal information protection, 16 cases of false and exaggerated advertisement, 14 cases of commodity defect. The settlement systems of e-commerce dispute are litigation and Alternative Dispute Resolution(ADR). ADR encompasses mediation, arbitration, and similar private tools for resolving disputes. ADR offers many perceived advantages. Speed of resolution and low cost are often cited as the primary benefits. Therfore e-commerce disputes may be settled more effectively by litigation. The settlement systems of e-commerce dispute by ADR are the mediation of Electronic Transaction Dispute Mediation Committee, the mediation of Consumer Dispute Mediation Commercial Arbitration Board, and the arbitration of Korean Commerical Arbitration Board. E-commerce sets up the probability that its merchants and customers will not exist in the same legal jurisdictions. The confusing application of laws and wide geographical dispersion of these parties will necessitate a faster and cheaper dispute resolution methodology. Therefore, online ADR may be effective for e-commerce dispute resolution. The examples of online ADR opetation are the cyber mediation of Electronic Transaction Dispute Resolution Committee, the cyber mediation of Korean Commercial Arbitration Board, the cyber mediation of Click N Settle, the online ADR of BBB online, and the cyber arbitration of virtual Magistrate.

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롯드 체결에 따른 에너지 전달 평가

  • Bae, Myeong-Ho;Yoon, Hyung-Koo;Kim, Ju-Han;Lee, Jong-Sub
    • Proceedings of the Korean Geotechical Society Conference
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    • 2010.03a
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    • pp.171-175
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    • 2010
  • Various soil characteristics for safe construction is necessary to understand the tests using the samples collected, and head in place an energy evaluation is conducted to evaluate the ground. In-Situ testing ground, Rod length and around the intrusive when the energy loss due to friction has been measured only in the head. Abstract The purpose of this agreement when increasing contract area of Rod agreement to transform the energy attenuation and the attenuation at the energy being delivered to evaluate. To this end, the same material used in the field test, laboratory test to apply Rod diameter and length have been considered, designed to perform the experiment was to use the Rod. Energy that raised at head of Rod, was increased and decreased by contracting type. The energy difference occurs in the head with the tip that shows the energy rating may be required at the tip is showing. Abstract The energy evaluation for the Rod field test to be at the basic sources and will be able to calculate the trusted information are measured from the tip.

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A Study on the Conditions for Salvage to be allowed as General Average under the YAR 2016 (2016년 요크앤트워프규칙상 구조비의 공동해손 인정요건에 관한 연구)

  • YANG, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.169-193
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    • 2018
  • Salvage has been allowed as general average since 1974. However, the adoption of YAR 2004 which had reflects cargo interest's position has made salvage unallowable in general average. The YAR do not have the force of a convention and only apply by mutual agreement between the parties to the contract of carriage. Thus, it is important that any changes to the Rules have the consent of major stakeholder. However, shipowners generally refuged to accept the incorporation of the 2004 Rules. The revised 2016 Rules is the result of compromise between the ship and cargo interests. YAR 2016 Rule VI has the premise that salvage is allowable as general average. However, with regard to the types of salvage that are payable independently by ship and cargo such as under Lloyd's Open Form it does not allow these type of salvages as general average and reapportion them, unless causes significantly inequitable result and meets five conditions. In addition, it makes the adjuster's task much easier as it avoids the deduction in respect of salvage payment can readily be calculated by total amount paid to the salvor. The salvage issue to be dealt with in YAR 2016 reduces the complexity, cost and delay in adjusting general average.

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A decision support system (DSS) for construction risk efficiency in Taiwan

  • Tsai, Tsung-Chieh;Li, Hsiang-Wen
    • Smart Structures and Systems
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    • v.21 no.2
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    • pp.249-255
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    • 2018
  • Many studies in risk management have been focused on management process, contract relation, and risk analysis in the past decade, but very few studies have addressed project risks from the perspective of risk efficiency. This study started with using Fault Tree Analysis to develop a framework for the decision-making support system of risk management from the perspective of risk efficiency, in order for the support system to find risk strategies of optimal combination for the project manager by the trade-off between project risk and cost of project strategies. Comprehensive and realistic risk strategies must strive for optimal decisions that minimize project risks and risk strategies cost while addressing important data such as risk causes, risk probability, risk impact and risk strategies cost. The risk management in the construction phase of building projects in Taiwan upon important data has been analyzed, that provided the data for support system to include 247 risk causes. Then, 17 risk causes were extracted to demonstrates the decision-making support system of risk management from the perspective of risk efficiency in building project of Taiwan which could reach better combination type of risk strategies for the project manager by the trade-off between risk cost and project risk.

A Study on the Application of Block Chain Ethereum Technology to Activate Digital Contents Trading as Sharing economy - data encryption and modify merkle tree-

  • Min, Youn-a;Baek, Yeong-Tae
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.10
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    • pp.73-80
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    • 2018
  • The shared economy began with the concept of sharing the physical and intellectual assets of individuals with others. Nowadays, the concept of shared economy is becoming one of the industries as an enterprise type. Especially, with the development of the Internet and smart devices, various forms of shared economy have been developed in accordance with the need of sharing of individual income. Digital content is also a shareable commodity and it is seeking to utilize it as an item of shared economy. Accordingly, when digital contents are used as a shared economy, there are various possible threats -security threats that may arise in the course of transactions, potential for theft, alteration and hacking of contents. In this paper, we propose transaction method and content protection method using block chain-ethereum technology to reduce security threats and transparent transactions that can occur in digital contents transactions. Through the proposed method, the trust of the consumer and the supplier can be measured and the encryption can be performed considering the characteristics of the data to be traded. Through this paper, it is possible to increase the transparency of smart transaction of digital contents and to reduce the risk of content distortion, hacking, etc.

Orders Status Analysis on the Successful Bidder Decision Method of Civil Turnkey.Alternative Tendering Construction (개선된 낙찰자 결정방식에 의한 토목 턴키.대안입찰공사 수주현황 분석)

  • Park, Hong Taea;Lee, Yang Kyu
    • Journal of the Society of Disaster Information
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    • v.9 no.2
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    • pp.164-177
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    • 2013
  • From 2010 years to 2013, the selection method of successful bidder has been changed design suitable lowest method, comprehensive evaluation method(bid price adjustment, design score adjustments, weight standards), fixed amount best design method. Therefore this study was presented by analyzing the impact on the domestic construction industry according the way to determine the successful bidder, the evaluation order method and the operational issues through the analysis of order status, order number, results of acceptance an order, success rate range, results of acceptance an order according to weight success rate, results of acceptance an order by work type and order institution of a turnkey alternative tendering construction performed in domestic civil part.

The Development of Web Program for Providing RI-Biomics Technical Information (RI-Biomics 기술정보 제공을 위한 웹 프로그램 개발 연구)

  • Kim, Na-Kyung;Kim, Joo Yeon;Jang, Sol-Ah;Park, Tai-Jin
    • Journal of Radiation Industry
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    • v.8 no.3
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    • pp.169-176
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    • 2014
  • For designing the model of the web program, the demand survey for the technology and information has been performed for the students of the related departments, industrialists and researchers. And, the survey, such as advantages and disadvantages, for the current situations has been examined through comparison and analysis by the establishment type and operational process for the present operating web programs having the similar functions in Korea. The contents and web program for the technology and information system have been also developed by the question investigation and the expert opinions. This system for RI-Biomics has been developed by focusing the convenience for the information provision and the information search as the first constructing direction. Information has been collected by the operator in our institute and making contract with Global Trend Briefing of KISTI in Korea. The information collection in the web program has been designed as the direction regularly provided with RSS. Information has been then analyzed by constructing the expert pool provided from the advisory committee for the technology and information, and using them. The publicity for this web program has been performed by webzines and then it is noted that the publicity programs such as some events should be regularly developed when expanded and advanced to a community in future.

Condition for Rural Development Led by Local Governments in the Era of Increasing Devolution (지방분권 확대에 대응한 지방자치단체의 농촌정책 추진 여건 분석 - 일반농산어촌개발사업 추진 시·군을 중심으로 -)

  • Seong, Joo-In;Song, Mi-Ryung
    • Journal of Korean Society of Rural Planning
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    • v.25 no.1
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    • pp.39-50
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    • 2019
  • The purpose of this study is to figure out the current condition of local governments (Si or Gun) to implement rural development policy in the face of the central government's drive for increasing devolution. Since late 1990s or early 2000s when scope of rural policy began to expand quantitatively, there has been considerable increase in rural residents' participation into community projects as a whole. Nevertheless, there exists regional differentiation in local governments' efforts to systematically support rural development projects (CRDP: Comprehensive Rural Development Programme) and community activities by setting up intermediary organizations or hiring rural development professionals in a public office. According to this survey on local government officials, regions that have made such efforts to support rural policy at a local level, show more advanced level of institutional capacity than other regions in local decision making process for CRDP, role of strategic rural developmental plans, vitality of community actors, etc. In the era of increasing devolution, these differences can be expected to result in diverging performances of each area in regionalized rural policy. The central government needs to introduce EU's LEADER-type rural development programmes to support community acitivities by various local actors and at the same time promote local governance building for rural policy, adopting institutional rewarding system such as rural planning contract.