• Title/Summary/Keyword: Contract control

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A Study on the Escalation Method for Contract Adjustment Public Construction Project (물가변동에 따른 계약금액 조정방식의 지수조정율 산출에 관한 연구)

  • Bae Kyoung-Tae;Choi Dong-Soo;Hwang Chi Won
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2005.11a
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    • pp.117-120
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    • 2005
  • The business market of architecture has got a system that controls a deposit according to the price function. This system is written on a law of contract about countries. So the main body of construction has to make a reasonable contract. This study is written about a rate of numerical index on controling a deposit. We tried to fine problems and solutions of labor expenses, instrument costs and material costs which is so big and changable on the construction market Labor expenses are expressed according to the rate of construction scale between direct and indirect cost that applies ability of works. Instrument costs are expressed according to an output method of a unit price annually and a weight allowance of local instrument conditions and use frequence. The last material costs expressed according to a local weight allowance make a decision of the material cost index. They applies locally relative index more than absolute one on what uses the price rate of producers and importations. This solutions are not enough to apply to the real market, so it needs to exam and to be on the market after a feasibility study.

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Effects of Formal and Informal Control Combination on Information Systems Outsourcing Consequence: Based on IT Governance Perspectives (공식적, 비공식적 통제 결합이 정보시스템 아웃소싱 결과에 미치는 영향:IT 거버넌스 관점)

  • Lee, Jong-Man
    • Journal of Internet Computing and Services
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    • v.11 no.2
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    • pp.155-164
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    • 2010
  • The purpose of this paper is to propose critical success factors for effectively managing information systems(IS) outsourcing. The survey method was used for this paper, and data from a total 106 companies that were listed greater than $10 million were used for the analysis. To analyze the data, structural equation model was used. The results of this empirical study is summarized as follows. First, both formal control based on contract and informal control based on trust have a positive effect on control level which is a determinant indicator of IS outsourcing performance. Second, management capability such as preparedness capability and relationship capability have a positive effect on formal and informal control mechanism. The findings have important implications for the role of trust and management capability in formal management control.

Effects of Core Competence and Resource Sharing on the Relational Bond among Franchisees and on Re-contract Intention in the Franchising Parent Companies (프랜차이즈 모기업 핵심역량 자원이 가맹점 관계결속과 재계약의도에 미치는 영향)

  • Huh, Yeong-Uk;Ju, Mal-Chan
    • Journal of Distribution Science
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    • v.12 no.4
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    • pp.11-22
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    • 2014
  • Purpose - The domestic franchise industry has made significant contributions to industry such as investment, employment, and community economy development, facilitating growth potential. The franchise industry provides management knowhow transfer between parent companies and franchisees as per contracts addressing use of business signs, franchisees' independent position, franchisor support, and royalties to be paid to the franchisors. However, many franchisors lack management knowhow and provide insufficient support because of poor control of franchisees and not having a systematic approach to support. This results in dissatisfied franchisees and failure to establish long-term relationships. Few studies have examined relational commitment and/or re-contract intention by support resources between franchisors and franchisees, despite a considerable output of theories and studies of the growth of the franchise industry. The purpose of this study, therefore, was to examine the effects of the ability to provide resources on relational commitments and re-contract intention, and to suggest causal relationships and implications. Research design, data, and methodology - The subject was domestic franchisors registered with the Association of Franchise with more than 50 franchisees. Franchisees under contract for 2 years and considering re-contract of their franchise 2 years later were used. The subjects totaled 300 franchisees in Seoul. A questionnaire survey was used to investigate the subject of franchisees' concessions during the 10 days from November 21, 2013 to November 30, 2013. After excluding 16 surveys with poor answers, 284 responses were finally used. Four areas and 44 questions were used. A nominal scale was used for four common characteristics questions including gender, ages, educational background, and franchise managing time. Questions regarding ability, relational commitment, and re-contract intention made use of a Likert 5-point scale. Data coding and data cleaning were used. SPSS 18.0 was used as follows. First, frequency analysis was done to investigate demographic characteristics. Second, exploratory factor analysis was done to verify validity of testing tools, and Cronbach's α coefficient was used to verify reliability. Third, correlation analysis and multiple regression analysis were done. An exploratory factor analysis was done to verify validity of concepts. A correlation analysis was done to test relationships between the variables, and multiple regression analysis was done to verify franchisor's ability, franchisees' relational commitment, and re-contract intention. Results - The following were the outcomes. First, store operation management, finance operation management, and human resource management affected the calculated bond. Second, store operation management and finance operation management affected the emotional bond. Third, store operation management, finance operation management, human resource management, and marketing management affected the prescriptive bond. Fourth, calculated bond and prescriptive bond had an effect on re-contract intention. Conclusions - As stated above, in franchise management, parent companies' offer and instruction of core competence to their franchisees as an information resource could improve the relational bond by helping them grow together through the resource sharing. Consequently, core competence factors were promoting factors that could improve franchisees' re-contract intention for a long time.

Study on the Electronic Contract (전자계약에 관한 연구)

  • Kim, Jae-Nam;Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.6
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    • pp.129-138
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    • 2014
  • The Electronic contract means creation sign management and storage of contract by online without limitations of the time and space through the electronic signature and encode which based on the Certificate instead of the past that treatment the contract such as creation sign management and storage of contract by face-to-face. Recently, the remarkable development of information and communication technology with supplying the high-speed Internet services. Accordingly, the transaction contract made by these also, the steady legal effect occurred by two or more parties by legal action which is the electronic agreement of expression. and it makes agreement improving corporate productivity and it can control the whole process such as contract documents and the actual buying store provision. Like this it has many benefits so, it suddenly rising as the new axis of economic activity area, it is a reality. In this change of era, with the establishment of electronic contracts, there are many problems are occurred to the expression of parties which is core of the contract on civil code so, the systematic legal composition is required. Thus, in this study will propose the reasonable improvements about the issue of electronic contract through the consideration.

A Comparative Study on the Application of the Force Majeure Clause in International Commercial Contracts between Korea and English in the Era of COVID-19

  • Byung-Chan Lee;Nak-Hyun Han
    • Journal of Korea Trade
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    • v.26 no.7
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    • pp.167-184
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    • 2022
  • Purpose - This paper analyzes all possible issues that need to be considered in case disputes occur with regard to force majeure in international commercial contracts through the comparative study between English and Korean during COVID-19. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The juridical approach involves studying and examining theories, concepts, legal doctrines, and legislation that are related to the problem. Findings - English law does not permit general economic impracticability to qualify as a valid force majeure event. If a party asserts that they were prevented from performing the contract, the courts will examine this strictly. Many commercial contracts in a broad range of sectors and industries are chosen by parties to be governed by English law. With COVID-19, there have been discussion of parties being released from performance as a result of force majeure. Meanwhile, under Korean law, a force majeure event should be unforeseeable and beyond a party's control. Since COVID-19 is a known event for future contracts, to avoid the risk that a similar situation in the future is deemed foreseeable and under a party's control, parties must ensure that such a risk is properly addressed in a contract. Therefore, it is necessary to have a new clause to cover a pandemic. Originality/value - In light of the ongoing unexpected and uncertain economic impacts COVID-19 is expected to bring to the world, it is anticipated that companies will experience an increased number of claims involving force majeure around the world, including English and Korea. As such, taking proactive steps to assess the applicable legal principles, including the concept of force majeure of contract, will help companies be prepared for the financial or legal implications of COVID-19. In this regard, it would be advisable for companies and businesses to take specific actions.

The Immediate Effects of Unilateral Contract-Relax Stretching on Contralateral Knee Extension Range -A Preliminary Study- (한쪽 다리에 적용한 수축-이완 기법이 반대쪽 무릎관절 폄 범위에 미치는 효과 -예비연구-)

  • Shin, Seung-Sub
    • PNF and Movement
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    • v.17 no.2
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    • pp.263-274
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    • 2019
  • Purpose: This article was conducted to determine the immediate effects of unilateral contract-relax (CR) stretching on contralateral knee extension range and to compare both sides of the knee extension range between experimental and control groups. Methods: This study recruited 16 adult males and females with straight leg raising abilities below $90^{\circ}$. The subjects were randomly divided into an experimental group and a control group comprising 8 subjects each. The experimental group performed direct CR stretching on the right hamstring muscles with straight hip extension adduction, and the control group performed indirect CR stretching on the right hamstring muscles with straight hip flexion abduction. Each group performed CR stretching 4 times with 4 repetitions comprising 10 sec of contraction and a 10 sec break between repetitions. Before and after the CR stretching exercises, the subjects' passive knee extensions were measured at the hip in a $90^{\circ}$ flexed position. The subjects' peak force on the right leg and peak pressure on the left leg during each CR stretching exercise were also measured. Results: After doing CR stretching 4 times, each group showed a significantly increased passive knee extension range on both sides, and there was no difference in the passive knee extension ranges between the groups. The peak force on the right leg was significantly higher in the experimental group than the control group. There was no difference in peak pressure between the groups. Conclusion: After applying unilateral CR stretching, the study subjects experienced a significantly increased passive knee extension range on the contralateral side. For patients who find it difficult to apply stretching techniques to knee joints directly, the use of the proprioceptive neuromuscular facilitation technique of CR stretching may be useful in improving the range of the knee joint on the contralateral side without direct treatment.

Foreign Exchange Risk Control in the Context of Supply Chain Management

  • Park, Koo-Woong
    • Journal of Distribution Science
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    • v.13 no.2
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    • pp.15-24
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    • 2015
  • Purpose - Foreign exchange risk control is in an important component in the international supply chain management. This study shows the importance of the reference period in forecasting future exchange rates with a specific illustration of KIKO currency option contracts, and suggests feasible preventive measures. Research design, data, and methodology - Using monthly Won-Dollar exchange rate data for January 1995~July 2007, I evaluate the statistical characteristics of the exchange rate for two sub-periods; 1) a shorter period after the East Asian financial crisis and 2) a longer period including the financial crisis. The key instrument of analysis is the basic normal distribution theory. Results - The difference in the reference period could lead to an unexpected development in contract implementation and a consequent financial loss. We may avoid foreign exchange loss by using derivatives such as forwards or currency options. Conclusions - We should consider not only level values but also the volatilities of financial variables in making a binding financial contract. Appropriate measures may differ depending on the specific supply chain pattern. We may extend the study with surveys on actual risk measures.

The Operating Structure of Multiple Incentive Contracts : Emphasis on Structuring with the Performance Incentives (다차원 유인부 계약의 운영구조 -성과유인의 구조화를 중심으로-)

  • Kim, Chung-Bon
    • Journal of the military operations research society of Korea
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    • v.6 no.1
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    • pp.79-92
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    • 1980
  • In cost-only incentive contract the emphasis is the attainment of efficient and effective cost control. In contrast multiple incentives contract correlates contractor's profit motives with the generalized government objective function, the decision variables of which are performance or quality (technical progress), time or schedule (timely development and delivery) and the cost (efficient and effective cost control) Under multiple incentive structure, it is essential to formulate the trade-off curves between cost and performance, which are called iso-fee curves. Trade-off curves depict the combination of cost and performance achievement for which the contractor will be rewarded with the same fee. The basic function of trade-off curves is to show he the contractor will be motivated by incentive arragement to trade off or sacrifice the achievement in one incentive element for the acnievment in another.

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TradeB: A Blockchain-based Property Trade Service Using Trusted Brokers (TradeB: 신뢰성있는 중개인을 통한 블록체인 기반 재화 계약 서비스)

  • Yoon, Yeo-Guk;Eom, Hyun-Min;Lee, Myung-Joon
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.9 no.9
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    • pp.819-831
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    • 2019
  • The types of properties traded in modern times are rapidly increasing due to changes in consumption patterns. However, as the type of properties traded increases, estimation about the value of properties may become inaccurate. There is a problem that it is difficult for consumers to estimate the right value and the variety of trading forms makes it difficult to guarantee the reliability of value estimation As access to a variety of properties has expanded, these shortcomings are considered to be a factor that hinders the stability of the shared economic market. In this paper, to resolve this issue, we present a blockchain-based property contract service through a trusted broker. The developed service registers trusted brokers into smart contracts on the Ethereum blockchain and use them for the evaluation and contract process of properties. In addition, registered contents, proposals and contracts of properties are stored in the blockchain to ensure the reliability of the contract process. Every step of the contract process is stored in the smart contract, recorded in the transaction history of the blockchain, ensuring the reliability of the stored data. In addition, the entire process of registration, proposal, and contract is driven by smart contracts designed by state machine technology, enabling users to more securely control the contract process.

A Study on the Reformation of the Contract Time Extension Process in the Public Construction projects (공공건설사업에서 계약기간 연장처리방법 개선에 관한 연구)

  • Cho Young-Jun;Lee Sang-Beom
    • Korean Journal of Construction Engineering and Management
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    • v.6 no.3 s.25
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    • pp.81-89
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    • 2005
  • Delay schedule coming about duration extension is happening essentially because public construction project consist of many sub contractor. The method which can calculate delay day is suggested by many studies in case of happing delay schedule, but It is difficult to apply to real construction project because there is no mention about the control of The law of contract according to delay schedule. The law of Contract which is cost of account has more uncertain problem than FIDIC condition of contract. This study suggests method which can make extension of duration procedure clear in case of happing the reason of design change related with activity duration during carrying on construction, and a submission process of the reason of duration extension and modify schedule making way about section which is basis of calculating contract amount clear.