• Title/Summary/Keyword: Effective Number of Parties

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An Integrated Inventory Model for Multi-Item in Just-In-Time Purchasing (JIT 구매 하에서 다품목의 조달정책에 관한 연구)

  • 김대홍;김용철
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.25 no.1
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    • pp.42-48
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    • 2002
  • This paper addresses the necessity of integration between buyer and suppliers for effective implementation of Just-In-Time purchasing in a multi-item environment. An integrated inventory model of facilitating multiple shipments in small lots is developed. Also, an iterative solution procedure is developed to simultaneously find the order(contract) interval for each item and number of shipments between buyer and suppliers. We show by example that when the integrated policy is adopted by both buyer and suppliers in a cooperative manner, both parties can benefit.

Judicial Review on Pre-arbitration Agreement in Terms to Resolve Franchise Dispute (프랜차이즈 분쟁계약상 사전중재합의에 관한 법리적 검토)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.29 no.1
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    • pp.3-29
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    • 2019
  • A franchise business is a business in which the owners, or "franchisors," sell the rights to their business logo, name, and model to third party retail outlets, owned by independent, third party operators, called "franchisees." There are a number of features in franchising or terms in franchise agreements that may lead to disputes between franchisors and franchisees. These disputes may arise because of underlying risks in the franchise relationship, franchise agreement, or conduct of the parties. In this case, ADR is an effective way to resolve disputes in a quicker and often less costly way than having to go to court. If an agreement cannot be reached through mediation, then arbitration becomes the next step to resolving the differences. Whereas mediation is non-binding and focused on facilitating the parties to find a resolution that is acceptable to both, arbitration is binding and may result in a decision that is not acceptable to one of the parties. These situations can be resolved through experienced arbitration as arbitration allows franchisees to settle matters promptly and outside of the public eye. In addition, franchise dispute arbitration is usually less costly than going to traditional court. Considering all of these, reaching an agreement will also have typical clauses that address the issue of dispute resolution. It is again a more efficient process than going through the legal process and courts and is often less costly. By going through arbitration, the parties agree to give up their rights to pursue the dispute in the courts. However, there is a problem that the arbitration prior to the agreement and under the terms would be contrary to the restriction of jurisdiction under the "ACT ON THE REGULATION OF TERMS AND CONDITIONS" in Korea.

The Main Contents and Developmental Method of Arbitration Industry Promotion Law (중재산업진흥법의 주요내용과 발전적 운용)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.27 no.4
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    • pp.35-60
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    • 2017
  • Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. Parties often seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: Arbitration is generally faster and more inexpensive (cheaper) than litigation in court. The Republic of Korea enacted the "Arbitration Industry Promotion Act" to develop arbitration. This law provides for the establishment and operation of arbitration institutions, training of arbitration experts, and support of arbitration studies and international exchanges. Effective operation of an arbitration institution has an important influence on the development of arbitration. Neutral and good arbitration experts improve the authority of arbitration. The academic study of arbitration theoretically develops the arbitration procedure. In addition, this paper referred to some additional factors that South Korea should have in order to become an attractive place of arbitration. Neutrality and fairness of the court of arbitration are highly important factors in arbitration. Therefore, the arbitration institution should be operated independently and clearly from the government to ensure neutrality and fairness. The parties of arbitration should also be free and able to defend their interests sufficiently in the arbitration proceedings. Lastly, coordination between this law and other laws is necessary.

An Integrated Inventory Model for a Vendor-Buyer Supply Chain in a JIT Purchasing (다원자재를 고려한 구매업자와 공급업자간 공급사슬에서의 통합재고모형에 관한 연구)

  • Kim, Dae-Hong
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.32 no.3
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    • pp.159-167
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    • 2009
  • In this paper, we consider a single-vendor single-buyer supply chain problem where a single vendor orders raw materials from its supplier, then using its manufacturing processes converts the raw materials to finished goods in order to deliver finished goods to a single buyer for effective implementation of Just-In-Time Purchasing. An integrated lot-splitting model of facilitating multiple shipments in small lots between buyer and supplier is developed in a JIT Purchasing environment. Also, an iterative heuristic solution procedure is developed to find the order quantity for finished goods and raw materials, and number of shipments between buyer and supplier. We show by numerical example that when the integrated policy is adopted by both vendor and buyer in a cooperative manner, both parties can benefit.

An Integrated Inventory Model for Multi-Product and its Raw Materials in Just-In-Time Purchasing (JIT구매 하에서 원자재를 고려한 다품목의 통합재고모형에 관한 연구)

  • Kim, Dae-Hong
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.31 no.1
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    • pp.49-58
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    • 2008
  • In this paper, we consider an inventory system where a single supplier purchases and processes raw materials into finished goods in order to deliver finished goods to a single buyer for effective implementation of Just-In-Time Purchasing. An integrated multi-item lot-splitting model of facilitating multiple shipments in small lots between buyer and supplier is developed in a JIT Purchasing environment. Also, an iterative solution procedure is developed to find the order quantity for finished goods and raw materials, and number of shipments between buyer and supplier. We show by numerical example that when the integrated policy is adopted by both buyer and supplier in a cooperative manner, both parties can benefit.

A Unified Trust Model for Pervasive Environments - Simulation and Analysis

  • Khiabani, Hamed;Idris, Norbik Bashah;Manan, Jamalul-Lail Ab
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.7 no.7
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    • pp.1569-1584
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    • 2013
  • Ubiquitous interaction in a pervasive environment is the main attribute of smart spaces. Pervasive systems are weaving themselves in our daily life, making it possible to collect user information invisibly, in an unobtrusive manner by known and even unknown parties. Huge number of interactions between users and pervasive devices necessitate a comprehensive trust model which unifies different trust factors like context, recommendation, and history to calculate the trust level of each party precisely. Trusted computing enables effective solutions to verify the trustworthiness of computing platforms. In this paper, we elaborate Unified Trust Model (UTM) which calculates entity's trustworthiness based on history, recommendation, context and platform integrity measurement, and formally use these factors in trustworthiness calculation. We evaluate UTM behaviour by simulating in different scenario experiments using a Trust and Reputation Models Simulator for Wireless Sensor Networks. We show that UTM offers responsive behaviour and can be used effectively in the low interaction environments.

Re-examining the Effects of Partisan Politics on Welfare Expenditures in Korean Local Governments (지방정부 복지지출에 미치는 정치요인의 영향 재고찰)

  • Kim, Beomsoo;Lee, Byung-Jae
    • Korean Journal of Legislative Studies
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    • v.24 no.1
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    • pp.203-239
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    • 2018
  • Responsible government can be achieved when social cleavages are institutionalized via political competition and social interests are represented by responsible parties. This paper aims to investigate the factors that determine welfare expenditures in Korean local governments by analyzing partisanship and political competition factors simultaneously in the same model. This paper also argues that the relationship between the political factors and welfare expenditures in local governments is not linearly increasing as the previous studies claim. This paper examines the welfare expenditures in Korean municipality-level local governments in 2007, 2011, and 2015. The primary findings are: 1) the partisanship of the head of local government and the party distribution of local assembly members have meaningful effect on the welfare expenditures and the divided governments do not show significantly different effect on welfare expenditures from unified governments, which is contrary to the extant studies, 2) the partisan effects of the head and the local assembly vary according to the levels of municipalities (Gu, Gun, and city), mainly due to the difference in types of revenues and expenditures and 3) the relationship between seats shares of progressive parties in local assembly and the welfare expenditure is not linearly increasing one. The effect of seats shares of progressive parties dramatically begins to increase when the seats shares are in 40%-60%. With these findings, this paper highlights the conservative nature of head of local governments with Hannara party (or Saenuri Party), the conservative leaning of independent candidates, and the conservative orientation of local assemblies in the regions dominated by Democratic Party (and its equivalents).

A Study on the Demurrage Liabilities in the International Sale Contracts on Shipment Terms (선적지매매계약에서 체선료의 부담책임에 관한 연구 -편입조항에 관한 영국관습법을 중심으로-)

  • Choi, Myung Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.62
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    • pp.113-132
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    • 2014
  • Judicial decisions make it clear that in all CIF, CFR and FOB contracts, incorporation of charter party into sale contracts is the only effective way for recovery of demurrage in the context of sale contracts. The case law would appear to clarify a number of important issues: The words of incorporation in the sale contract play a vital role in determining the extent of the influence of the charter party principles over the sale contract. Hence, unless it is expressly provided otherwise, the courts tend to apply the charter party principles to the incorporated charter party provisions to the extent that they make sense in the context of sale contract, and that they do not undermine the underlying foundations of international trade law. In this respect the courts also take into account the factual background of the case with a view to objectively ascertaining the intention of the parties. The law is, however, less clear on the effects of the incorporated charter party provisions in sale contracts. There is still no straightforward answer to the question of to what extent the charter party law is applied to the incorporated charter party provisions in the context of sale contracts. The case law on this matter merely provides piecemeal solutions, and it is not possible to extract a general rule which will help interpretation of those charter party provisions which have not yet been subject to litigation or arbitration. Therefore, it should be noted that the parties would prepare Incorporation Clause in their sale contracts in reliance of the rules to achieve the desired results.

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The Powers and Interim Measures of the Arbitral Tribunal in International Commercial Arbitration (국제상사중재에서 중재판정부의 권한과 임시적 처분에 관한 연구)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.18 no.2
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    • pp.103-127
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    • 2008
  • This paper is to research the powers and interim measures of the arbitral tribunal in the arbitral proceedings of the international commercial arbitration under arbitration legislation and arbitration rules including the UNCITRAL Model Law and Arbitration Rules. The powers of the arbitral tribunal may be found within the arbitration agreement or any arbitration rules chosen by the parties, or the chosen procedural law. The power of the arbitral tribunal to decide its own jurisdiction is one of the fundamental principles of international commercial arbitration. It is a power which is now found in nearly all modern arbitration and rules of arbitration. Where an arbitral tribunal has been appointed then it will usually have the power to proceed with the arbitration in the event that a party fails to appear. It cannot force a party to attend but it may sanction the failure. While the arbitral tribunal can direct the parties to attend and give evidence the arbitral tribunal has no power to compel a party to give evidence. The arbitral tribunal may continue the arbitration in the absence of the party or its failure to submit evidence and make an award on the evidence before it. Under most of arbitration legislation and arbitration rules, the arbitral tribunal has the power to appoint experts and obtain expert evidence. The power to order a party to disclose documents in its possession is a power given to the arbitral tribunal by many national laws and by most arbitration rules. The arbitral tribunal cannot, however, compel disclosure and in the case where a party refuses to disclosure documents then the sanctions that the arbitral tribunal can impose must be ascertained from the applicable rules or the relevant procedural law. A number of arbitration rules and national laws allow for the arbitral tribunal to correct errors within the award. Most of arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measure of protection. Article 17(1) of the Revised UNCITRAL Model Law of 2006 states: Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures. Interim measures of protection usually take such forms as (1) conservatory measures intended to prevent irreparable damage and maintain the status quo; (2) conservatory measures intended to preserve evidence or assets. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the arbitral tribunal must have the powers necessary to make interim measures effective. The Article 17 B of the Revised UNCITRAL Model Law of 2006 provides applications for preliminary orders and conditions for granting preliminary orders. And the Article 17 H provides recognition of enforcement of interim measures. In conclusion, the revised articles with regard to interim measures of the UNCITRAL Model Law of 2006 would contribute significantly to the security of the effectiveness of interim measures in international commercial arbitration. Therefore, Korean Arbitration Law and Arbitration Rules would be desirable to admit such revised articles with regard interim measures.

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Development and Application of Timeout Protocol on OR (수술실 타임아웃 프로토콜 개발 및 적용)

  • Park, Jeong-Sook;Kim, Eun-Hee;Lee, Hye-Ran
    • Korean Journal of Adult Nursing
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    • v.20 no.2
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    • pp.353-363
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    • 2008
  • Purpose: This study was conducted to develop a timeout protocol as the process of patients verification in the operating room, and to evaluate its effects. Methods: The timeout protocol was developed based on the experience of practices and the universal protocol of JCAHO 2004. The subjects of this study were 192 surgical members working in the operating room at an university hospital in Daegu, Korea. Results: The timeout protocol was developed in six steps; participants verification, encouragement of compliance, verification of right 3 PSP, agreement of surgical team members, verification of the parties to a patient, patient agreement. The data which have been resulted from the experimental group show significantly higher than those of control group as follows; cognition(t = -6.580, p = .000), contents of performance; progress of anesthesiologist as leader(${\chi}^2$ = 29.029, p = .000), verification of right patient, right site and right procedure(${\chi}^2$ = 40.663, p = .000), participation of surgical team(${\chi}^2$ = 68.412, p = .000), and the number of cases of performance(${\chi}^2$ = 242.900, p = .000). Conclusion: It suggests that medical accidents caused by failures in a preoperative verification process can be prevented if a timeout is conducted active involvement and effective communication among surgical team members for a final verification of the correct patient, procedure, and site.

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