• Title/Summary/Keyword: Contracts

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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.

An Analysis on the Change of Usage Behavior for Bundle Services in Korean Telecommunication Market (방송통신 결합상품서비스 이용행태 변화 분석 연구)

  • Yu, Jieun;Lee, Seong-Jun;Cho, Chanwoo
    • The Journal of the Korea Contents Association
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    • v.20 no.11
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    • pp.204-215
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    • 2020
  • We analyze changes of consumption behavior for bundle services for the latest three years focusing on comparing the detailed service types and service providers to understand competition structure in the market. Our major findings and implications are as follows. First, the mobile telecommunication service is certainly deemed to be a major selection criteria for bundling service provider, therefore the leading company in the mobile telecommunication has become more significant market power. Second, IPTV has an important influence for slection of bundling service provider, lately in some cases, rather than broadband Internet. Third, the individual services affecting the selection of bundling service providers clearly showed differentiation among three operators as a mobile telecommunication service of SK Group, a broadband Internet of KT, and an IPTV of LGU+. In addition, the importance of individual services in securing subscribers has been increased as the preference factors to switch a service provider were synchronized with the decision of major bundling service provider. Finally, although it is difficult to find customers' lock-In due to the latest change of their intentions to switch a provider, we find it is continuously necessary to monitor customers' lock-in as there are more long-term customers with re-contracts. Our results provide the policy implications based on the change of competition structure and usage behavior in the bundle market which is not evaluated the competiton situation.

A Study on the Economic Efficiency of the Share Tenancy and Land Reform (정율지대(定率地代) 소작제도(小作制度)의 경제적(經濟的) 효율(效率)과 농지개혁(農地改革)에 관한 연구(硏究))

  • Kim, Jai Hong
    • Korean Journal of Agricultural Science
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    • v.12 no.2
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    • pp.333-340
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    • 1985
  • In this paper, we discuss the role of allocative efficiency and X-efficiency in determining resource allocation under the share tenency. Economic efficiency of resource allocation is related to land reform. Classical and neoclassical schools insist that land reform must be achieved for agricultural development by more efficient use of inputs. According to them, there is no incentive for tenants to use inputs until $MVP{\ell}=wage$ under the share tenancy. But "equal efficiency" school's conclusions are different. They conclude that there is no productivity differences between owner cultivation and share tenancy, owing to monopoly power of landlords and/or landlords's transaction costs. Considering X-efficiency, the share tenancy is not as efficient as the owner cultivation. On the other hand, the productivity differences may be reverse, in which landlords cultivate their lands by wage contracts. Land reform--reduction of land rent or redistribution of land--will be benefitable not only for agricultural development, but also for resource allocation in farm management.

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A Study on the Improvement Direction through the Analysis of the Legal System and Current Process of KONEPS (국가종합전자조달시스템의 제도 및 프로세스 고찰을 통한 개선 방향 연구)

  • Kim, Sang-Min;Lee, Hyun-Soo
    • Journal of Digital Convergence
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    • v.15 no.11
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    • pp.23-35
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    • 2017
  • Since the beginning of 2002, KONEPS(Korea ON-line E-Procurement System) which is known with GePS(Government e-Procurement Service), has become a significant role in Korea public procurement service. This paper focuses on the amendments of the related laws and the practical improvement of inconveniences and inefficiencies in user's' position during the use of KONEPS. We analyzed the case of government procurement by major countries, the detailed process and function of KONEPS, and confirmed the revised procurement laws since the commencement of KONEPS. When a user of KONEPS makes an online purchase at the g2b shopping mall to purchase procurement goods, we analyzed focused on the inconvenience of option selection, user feedback after purchasing, unification of the purchase procedure, compared with general online shopping purchase. This paper suggests practical ways to improve the inconveniences and inefficiencies that arise in the process of procurement and use from KONEPS. It is necessary to study on the construction contracts and the empirical studies based on the questionnaire on the functions of procurement law and research model for the cases used in this study in the future.

A Study on Warranty in The Insurance Act 2015 (영국 2015년 보험법 상 담보(워런티)에 관한 연구)

  • SHIN, Gun-Hoon;LEE, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.73
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    • pp.65-90
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    • 2017
  • The rule of warranty in English insurance law was established in the second part of the $18^{th}$ century by Lord Mansfield, who laid the foundations of the modern English law of insurance contract and developed very different rule of insurance law, especially in the field of warranty. At the time of Lord Mansfield, warranty, that is, the promise given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed since the age of Lord Mansfield. English and Scottish Commissions proposed very dramatic reform of law in the field of warranty law to reflect the changes of legal environment through the Insurance Act 2016. This article intends to consider the legal implications through the comparative analysis between the new regime of warranty in the Insurance Act 2015 and MIA 1906. The major changes in the Insurance Act 2015 are summarized as following. First, Basis of the contract clauses in non-consumer insurance contracts should be of no effect and representations should not be capable of being converted into warranties by means of a policy term or statement on the proposal form. This requirement should not be capable of being avoided by the use of a contract term and the arrangement of contracting out by parties should be of no effect. Secondly, The existing remedy for breach of warranty, that is, automatic discharge of the insurer's liability, should be removed. Instead, the insurer's libility should be suspended from the point of breach of warranty and reattach if and when a breach of warranty has been remedies. Thirdly, A breach of warranty should genally be regarded as remedied where the insured ceases to be in breach of it. In the other hand, for time-specific warranties which apply at or by an ascertainable time, a breach should be regarded as remedies, if the risk to which the warranty relates later, becomes essentially the same as that originally contemplated by the parties. Fourthly, where a term of an insurance contract relates to a particular kind of loss, or loss at a particular location/time, the breach of that term should only give the remedy in relation to loss of that particular kind of loss, or at a particular location/time. Finally, whether a term of an insurance contrat relates to loss of a particular kind of at a particular location/time should be determined objectively, based on whether compliance with that ther would tend to reduce the risk of the occurrence of that category of loss.

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Money and Capital Accumulation under Imperfect Information: A General Equilibrium Approach Using Overlapping Generations Model (불완전(不完全)한 정보하(情報下)의 통화(通貨)의 투자증대효과분석(投資增大效果分析): 중복세대모형(重複世代模型)을 이용한 일반균형적(一般均衡的) 접근(接近))

  • Kim, Joon-kyung
    • KDI Journal of Economic Policy
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    • v.14 no.1
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    • pp.191-212
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    • 1992
  • This paper discusses the role of money in the process of capital accumulation where financial markets are impeded by contract enforcement problems in the context of overlapping generations framework. In particular, in less developed countries (LDCs) creditors may know little about the repayment capability of potential debtors due to incomplete information so that financial instruments other than money may not acceptable to them. In this paper the impediments to the operation of the private finanical markets are explicitly modelled. We argue that creditors cannot observe actual investment decisions made by the potential borrowers, and as a result, loan contracts may not be fully enforceable. Therefore, a laissez-faire regime may fail to provide the economy with the appropriate financial instruments. Under these circumstances, we introduce a government operated discount window (DW) that acts as an open market buyer of private debt. This theoretical structure represents the practice of governments of many LDCs to provide loans (typically at subsidized interest rates) to preferred borrowers either directly or indirectly through the commercial banking system. It is shown that the DW can substantially overcome impediments to trade which are caused by the credit market failure. An appropriate supply of the DW loan enables producers to purchase the resources they cannot obtain through direct transactions in the credit market. This result obtains even if the DW is subject to the same enforcement constraint that is responsible for the market failure. Thus, the DW intervention implies higher investment and output. However, the operation of the DW may cause inflation. Furthermore, the provision of cheap loans through the DW results in a worse income distribution. Therefore, there is room for welfare enhancing schemes that utilize the higher output to develop. We demonstrate that adequate lump sum taxes-cum-transfers along with the operation of the DW can support an allocation that is Pareto superior to the laissez-faire equilibrium allocation.

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KOSPI 200 Futures Trading Activities and Stock Market Volatility (KOSPI 200 선물의 거래활동과 현물 주식시장의 변동성)

  • Kim, Min-Ho;Nielsen, James;Oh, Hyun-Tak
    • The Korean Journal of Financial Management
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    • v.20 no.2
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    • pp.235-261
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    • 2003
  • We examine the relationship between the trading activities of Korea Stock Price Index (KOSPI) 200 futures contract and its underlying stock market volatility for about six years from May 1996 when the futures contract was introduced. The trading activities of the futures contracts are proxied by the volume and open interest, which are divided into expected and unexpected portions by using the previous data. The daily, intradilay, and overnight cash volatility is estimated by the GJR-GARCH model. We find a positive contemporaneous relationship between the intradaily stock market volatility and the unexpected futures volume while the relationship between the volatility and expected futures volume is weakly negative or non-existent. We also find that the unexpected futures volume strongly causes intradaily cash volatility. On the other hand, the overnight cash volatility causes the unexpected futures volume. The impulse responses between these variables are all positive. The result implies that during a trading time futures trading tends to increase the cash volatility while the unexpected overnight changes in cash volatility tends to increase the futures trading activities. We, however, find no association between the cash volatility and futures maturities.

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The Limitation of the Military Aviation Manufacturer's Liability (우리나라 군용항공기 제작사의 책임제한 해결방안에 관한 고찰)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.139-175
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    • 2017
  • The Assembly plenary session on December 3, 2017 passed a Product Liability Amendment bill that introduced clauses concerning consumer burden of proof and punitive damage reimbursement. More specifically, these newly approved provisions will reduce the burden of proof placed on consumers and levy triple punitive damage on suppliers. Significant increases in the number of product-liability lawsuit and the number of related insurance contracts are expected. Since military aircraft are designed for operational purpose(seeking greater combat effectiveness over greater safety) and used in high-risk environment, it is practically impossible to obtain an affordable product-liability insurance, Without having any backup plan, military aircraft manufacturers directly face all sort of liability risks under Product Liability Act, Warrant Liability Act and Non-Performance of Contract Act. The U.S. experienced similar problems when they first implemented their product-liability law in 1970s. There had been a big dispute among legal practitioner, insurance professionals and scholars concerning military aircraft manufacturer's liability. In order to settle the issue, the U.S. Supreme Court has established a new precedent of Government Contractor Defense(GCD). The U.S. government also included an indemnity clause for military aircraft manufacturers in their FMS Contract with the Korean government. Likewise, Korean military aircraft manufacturers should 1) clearly understand their current position that they cannot afford expensive product-liability insurance and the cost is not accounted in the military procurement calculation, 2) estimate potential liability risks with the ongoing overseas export expansion in mind, 3) set up appropriate risk management measures through regulatory reform and policy development.

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A Study on the Policies to improve the Escalating Regulations of Construction Price - With a Focus on Results of a Delphi Survey - (물가 변동에 따른 건설공사비 조정 제도의 개선 방안 - 델파이(Delphi) 설문 조사 결과를 중심으로 -)

  • Choi Min-Soo
    • Korean Journal of Construction Engineering and Management
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    • v.5 no.6 s.22
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    • pp.203-211
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    • 2004
  • This study is the results to survey on the problems and improvable Policies for current escalation system in construction contracts, through a Delphi survey to experts. From the survey results, it is desirable to decide the fluctuation rate of construction cost, which is the requirement of escalation clause, on the basis of inflation rate or construction cost index. The desirable price fluctuation rate is proposed as a $3\%$ level. However, it is difficult for construction companies to cope with the sudden increase of material price in advance, arising from short-term shock factors such as exchange rate and international raw material's price. Accordingly escalation system for specified materials, as an exceptional mode, should be introduced. As a method to calculate the fluctuation rate, ARCA(adjustment rate for the categories of articles) is more desirable than ARI(adjustment rate for an index), because the ARCA can be more reflected the characteristics of each construction work.To rationalize the ARI method, it is needed to announce the wage index, material index and machinery expense index via detailed classification by construction types. Also, it is desirable to prescribe the bidding date as a starting date of the price change, rather than contact signing date. considering the price change can happen since the biddiilg stage.

Evaluation of Thermal Movements of a Cable-Stayed Bridge Using Temperatures and Displacements Data (온도와 변위 데이터를 이용한 사장교의 온도신축거동 평가)

  • Park, Jong Chil
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.35 no.4
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    • pp.779-789
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    • 2015
  • Because cable-supported bridges have long spans and large members, their movements and geometrical changes by temperatures tend to be bigger than those of small or medium-sized bridges. Therefore, it is important for maintenance engineers to monitor and assess the effect of temperature on the cable-supported bridges. To evaluate how much the superstructure expands or contracts when subjected to changes in temperature is the first step for the maintenance. Thermal movements of a cable-stayed bridge in service are evaluated by using long-term temperatures and displacements data. Displacements data are obtained from extensometers and newly installed GNSS (Global Navigation Satellite System) receivers on the bridge. Based on the statistical data such as air temperatures, each sensor's temperatures, average temperatures and effective temperatures, correlation analysis between temperatures and displacements has been performed. Average temperatures or effective temperatures are most suitable for the evaluation of thermal movements. From linear regression analysis between effective temperatures and displacements, the variation rate's of displacement to temperature have been calculated. From additional regression analysis between expansion length's and variation rate's of displacement to temperature, the thermal expansion coefficient and neutral point have been estimated. Comparing these parameters with theoretical and analytical results, a practical procedure for evaluating the real thermal behaviors of the cable-supported bridges is proposed.