• Korean Journal of Construction Engineering and Management
• /
• v.18 no.6
• /
• pp.109-120
• /
• 2017

Even though domestic construction companies are expanding into overseas construction markets, the profitability of overseas project are decreasing and finally some biggest domestic construction companies recorded heavy deficit one after another in 2013. Contract management, which is very deeply related to profitability, is the most difficult area to domestic construction companies, especially in Middle East and Asia where they have the highest market share and a high level of contract management is required. The purpose of this study is to assess their contract management competences to help them improve contract management skills and strategies. First, we defined the overseas project contract management process and selected competences from the each process stage. Then, we conducted a survey with overseas project experts. For considering their competences from various angles, we divided survey groups into domestic construction groups and other groups (Contract consultancy agencies and Construction research institutes) to understand the internal and external perspective of the domestic construction companies' contract management competences. The results of survey was analyzed by using paired samples t-test, Borich Needs Assessment Model and Independent t-test. We expected that the results of this study could contributes to establish strategies for enhancing the domestic construction companies' contract management competencies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.107-126
• /
• 2016

The parties in International Sale of Goods including Korean Firms Should note ; The buyer must pay the price for the goods and take delivery of them as required by the contract and CISG. The obligations mentioned in Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. The buyer's obligation to pay the price includes taking such steps and complying with such formalities as may be required under the contract or any laws and regulations to enable payment to be made. International sales contracts frequently prescribe that the buyer has to act in advance, that is before the seller starts the process of delivery. Such acts may be either advance payments or the procurement of securities for payment as letters of credit guarantees. On the other hand, The seller deliver the goods hand over any documents relating to them and transfer the property in the goods, as required by the contract and CISG. The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. Except where the parties have agreed otherwise, the goods do not conform with the contract unless they are fit for the purposes for which goods of the same description would ordinarily be used are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement. The buyer may declare the contract avoided if the failure by the seller to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract. The seller may declare the contract avoided if the failure by the buyer to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract.

• The Journal of the Korea Contents Association
• /
• v.12 no.11
• /
• pp.58-67
• /
• 2012

It is widely observed in the Korean broadcasting production industry that unfair trade practices occur either when the drawing up a contract is ill-timed, when the contract's stipulations do not adequately cover possibilities in reality, or when the contract is simply breached. In particular, the most prevalent cause of the breach of contracts lies in the broadcasting production practices. Hence, systematic efforts should be made to improve the daily practices of the production industry by ensuring that the whole production process is carried out by contract. In order to achieve this, the following are suggested: i) A preliminary contract is to be made prior to the main one. ii) A standard production contract, which can be used as a template for other sub-contracts such as writing contracts, acting contracts, employment contracts, and so on, needs be introduced. iii) The standard contract should stipulate the obligations of the personnel from broadcasting companies, the recognition of the rights of production companies that created formats, and the boundary of the autonomy that production companies can exercise during production, in particular. iv) Prohibitive provisions are to be introduced into the Broadcasting Law in order to limit the causes for unfair trade practices.

• Journal of Legislation Research
• /
• no.55
• /
• pp.57-94
• /
• 2018

Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

• Korean Journal of Construction Engineering and Management
• /
• v.12 no.4
• /
• pp.70-78
• /
• 2011

In case of long time progressive construction work, we need contract sum adjustment due to escalation for a period of works and the process of applying, consistent and obvious criterion is required. In this study, it were attempted to figure out problem and study this rational improvement by giving examples based on core activities of escalation adjustment. Based on literature study and legal system analysis, we classified processes of contract sum adjustment for escalation and defined 20 core activities for each process. From this measured variable, we carried out case study by giving 37 examples of escalation. As a result of case study, problems of each process was found and we suggested rational improvement. As this study, providers will be able to waste budget and the other will be given smooth escalation adjustment.

• Journal of Korean Institute of Industrial Engineers
• /
• v.27 no.1
• /
• pp.37-46
• /
• 2001

Business process(workflow) analysis has been recognized as a core step to building information systems. However, most analysts have recognized that deriving consistent business process artifacts even in a simple business domain is very difficult, since most analysis methods give the designers narrative and/or diagrammatic tools that do not support rigorous analysis rules. This often generates inconsistent analysis results, leading to create useless information systems and resulting in tremendous budget wastes. To overcome this weakness, this paper presents a declarative business process modeling method called contract-collaboration net(cc-net), which is not only somewhat formal but also useful to the practitioners. A case study on bank domain is presented to illustrate our approach.

• Journal of Korea Multimedia Society
• /
• v.1 no.1
• /
• pp.56-65
• /
• 1998

The multignature system is a digital contract system which can process multi-party contracts electronically. In this paper, we analyzed various insecure elements involved in general multisignature contract systems and suggest requirements needed for making such systems secure. Based on our analysis, we propose a new secure multisignature method and apply it to the conventional electronic digital contract systems along with several other existing multisignature methods. The applicability and the effectiveness of the newly developed method are demonstrated by comparing how well the suggested security requirements are satisfied by each method.

• Journal of Arbitration Studies
• /
• v.29 no.2
• /
• pp.89-105
• /
• 2019

This paper reviews and analyzes the U.S. cases and statutes on the issue of party autonomy in arbitration agreement. Arbitration agreement has been interpreted somewhat differently from general contracts because its legal characteristics are not purely contractual by nature. For example, some legal scholars insist that an arbitration contract is more about an agreement on a process of dispute resolution than a creation of rights and obligations to avoid litigation. Party autonomy was discussed in diverse legal perspectives including contract of adhesion, VKI principle, and separability of arbitration clause. These three legal perspectives are discussed to set the legal relationship between party autonomy and protection of consumers in consumer arbitration. In addition, it was discussed how legal defects in the formation of an arbitration contract can influence the party autonomy. The legal defects that were discussed to analyze the relationship between arbitration agreement and party autonomy included misrepresentation, fraud, mistake, duress, and undue influence.

• Journal of KIBIM
• /
• v.11 no.1
• /
• pp.1-10
• /
• 2021

Blockchain is a secure technology that enables transactions between parties without risking data corruption. Besides cryptocurrencies, blockchain technology is being widely adopted in various forms by diverse industries. One promising application is construction contracts. Given that construction projects are executed under strict contractual requirements, blockchain technology-based contracts can ensure that contractual requirements are executed among parties to the contract. The objective of this study is to apply blockchain technology to smart construction contracts and determine their potential feasibility in construction management. In this study, a prototype smart construction contract is presented and its applicability is explored. We conclude that smart construction contracts can be effective as a contractual tool to enhance payment flows in the construction process.

• Korea Trade Review
• /
• v.47 no.3
• /
• pp.129-139
• /
• 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.