• Title/Summary/Keyword: Long-Term Contract

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A Study on Customary Practices in Iron Ore and Steel Product Shipping Contract - Case of Long-term Shipping Contracts in Korea

  • Kim, Hyungjun;Kim, Jae-bong;Oh, Yong-sik
    • Journal of Navigation and Port Research
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    • v.44 no.2
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    • pp.128-135
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    • 2020
  • Long-term shipping contracts represent the cooperative and coexisting relationships between the shipping and steel industries. Yet, differences between the contract forms for iron ore and steel products have emerged. Specifically, the large proportion of consecutive voyage charters (CVC) is being applied in the iron ore trade, whereas the contract of affreightment (COA) is proportionally higher for shipping steel products. The literature review and in-depth interviews in this study identified through the research model, the characteristics of the shipping and market structure in both markets have significantly contributed to the preference of different long-term contracts. It has been determined that the mutual oligopoly market structure and the characteristics of shipping such as, the small number of suitable vessels in the market, the single fixed load/discharge ports, the long-distance voyages, and the potential risks for fatal accidents because of cargo liquefaction, for the iron ore trade, provide higher contribution to the preference of CVC contracts. In contrast, the consignor oligopoly market structure and the shipping characteristics, such as the greater number of suitable vessels available in the market, the variation in ports, the cargo quantity per shipment, the various load/discharge ports, and the need for experienced carriers for steel product loading in the steel product trade has shown higher preference on the COA contracts as the consignors with superiority over the shipowners, resulting in favorable contract types and conditions for the consignors.

A Study on the Improvement of Long-Term Continuing Construction Contracts Dispute Using FGI (FGI를 활용한 장기계속공사계약 분쟁 개선방안 기초연구)

  • Kim, Jae-Sik;Lee, Jung-Won;Lee, Min-Jae
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.2
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    • pp.79-87
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    • 2023
  • Given that most government contracts are based on a fiscal year, long-term continuing construction contracts require appropriate provisions as significant amounts of budget is supposed to be invested for several years. This study drew problems and improvements of the long-term continuing construction contracts by analyzing the contents of FGI and list of construction order. We found that a number of problems, such as the mismatch between laws and enforcement decrees, difference in calculating overheads due to the extension of construction period, many construction orders that are hard to see as budget efficiency and over investment in the final annual contract, were tangled up in the process. To solve the problems mentioned, we suggested several improvements as follows: (1) effect of total construction period and total amount should be guaranteed by a law, (2) it is suggested that the scope of long-term continuing construction contract is determined by a law, and (3) it should be clear about the calculation of overheads concerned with the extension of construction period as well as the estimation of construction period to prevent over investment in the final contract.

A Study on the Long-term Work Guidance of Contract Students (Skin Care Major) (계약학과 학생의 장기근속 유도를 위한 방안 (피부미용 전공))

  • Kim, Yun-Jung;Hong, Mi-Sook
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.12
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    • pp.200-211
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    • 2019
  • This study analyzed the factors related to the job satisfaction and turnover rate of students in the skin care contract department, and suggested ways to enhance long-term employee retention. Frequency analysis and multiple regression analysis were performed using the SPSS statistical program and based on the survey data of 260 skin care contract students. The main results were as follows. First, contract students had high job satisfaction because of sufficient in-service training during the internship and also received the authority to perform the job duties of their positions. Second, the regular technical education for the job of contract students gave them confidence in job performance and job confidence, which led to long-term employee retention. Third, contractual students' turnover was reduced by applying compensation such as incentives, awards, and promotion opportunities in accordance with their work performance. Therefore, the results of the study suggest that compensation based on job performance, and the confidence in job performance of skin care contract students, can lead to increased job satisfaction, a reduced turnover rate and better long-term employee retention.

A Study on the Dispute Boards in International Medium and Long-term Transaction - Focus on the Construction Contract - (중장기 국제거래에서 분쟁해결위원회에 관한 고찰 - 건설계약을 중심으로 -)

  • Yu, Byoung Yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.79-108
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    • 2013
  • International transactions of plant and construction project need to time to time for completing the contract. During the performing the contract there may arise many claims and disputes it should be settled rapidly for processing schedule of works. However, arbitration and litigation for settlement of dispute are inappropriate in time and expense under the specifications of plant and construction project. Dispute boards are one of the successful resolution method of dispute prior to litigation or arbitration. If the dispute board was failed, of course, it may be allowed to continue into litigation or arbitration. As the creative methods of parties agreement, dispute boards may be expected to avoid claims and dispute in long and medium international contract. The purpose of this paper is to explore the specification and limitations of dispute boards that may clear disputes under long and medium contract of construction and procurement. It needs to be understand to determine whether is the useful methods for resolving dispute in the international project. This paper considers the specific natures of dispute board and its rules, procedures and problems including ICC and FIDIC for the contract of long and medium transaction.

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Systematic Improvement for Effective Operation of Long-Term Continuous Construction Contracts (장기계속공사계약의 효율적 운영을 위한 제도 개선)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.6
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    • pp.3-10
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    • 2019
  • The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

A Case Study on Farmers' Participation in Farmland Bank : Focusing on Long-term Leasing Business of Farmland in Gangwon Province (참여농가 사례분석을 통한 농지장기임대차사업 개선방안에 관한 연구 : 강원도를 중심으로)

  • Yi, Hyangmi;Kim, Mi Young
    • Journal of Korean Society of Rural Planning
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    • v.20 no.3
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    • pp.55-66
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    • 2014
  • Under high agricultural automation in rice farming, cultivation acreage expansion can be considered for the economies of scale. Also, considering the circumstances of higher ratio in leased farms than independent farms, Long-term Leasing Business of Farmland can be the most public and transparent method to expand cultivation acreage for lease farming. Therefore, this research observes the various factors such as application motives, satisfaction, and demands of Long-term Leasing Business of Farmland, which the importance is on the rise and serves as a means to increase agricultural expansion, as well as its operational performance analysis. The research results and implications are as follows. Long-term Leasing Business of Farmland have positive effects such as ensuring stable farming through documental contract, providing convenience because the lease contractor requires no meetings during the contract period, providing opportunities to expand the farm size, and acquiring economical gain which is linked to satisfaction aspects of the businesses. On the other hand, demands such as strengthened business advertisement, writing business documents by correlating with related organizations, and clear lease price configuration were made by the businesses. To bring improvements, this research proposes; 1) expanding support to related businesses, 2) providing convenience through related organization correlations, and 3) configuring clear lease prices considering the regional conditions.

Valuation of highway O&M contract using real option (실물옵션을 활용한 고속 도로 유지관리 계약의 가치산정)

  • Park, Taeil;Shin, Eun-Young;Lee, Yoo-Sub
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.14 no.11
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    • pp.5964-5970
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    • 2013
  • The recent budget planning for highway infrastructure implied that the investments for Operation & Maintenance(O&M) became greater than that for new construction. This circumstance made many stakeholders pay attention to the O&M of road infrastructure and adopt other countries' policies and system for effective management. In other countries, most O&M for road infrastructure have been done by private entities using long-term contract and Korea is about to shift from one year contract to long-term contract. The most important parts for the expansion of the long-term O&M contract for road infrastructure are valuation of the O&M contract based on accurate prediction of O&M costs and instrument for proper risk sharing between contracting parties. Thus, this study provides a methodology to estimate a reasonable O&M contract price and a framework to share contract risk between contracting parties using real option. The analysis results showed that the contract price and ceiling and floor conditions for the 20 year-contract of 20 km-highway project were 45.7, 60 and 42.3 billion won, respectively.

A Study on the Renegotiation and Adaptation of International Long Term Commercial Contracts: Focusing on the Contracts without the Renegotiating Clauses (국제장기상거래계약에서의 재협상 및 계약변경에 관한 연구: 원계약 상 관련 조항이 포함되지 않은 계약을 중심으로)

  • Joo‐Young Yoon
    • Korea Trade Review
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    • v.45 no.5
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    • pp.117-139
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    • 2020
  • In case of international long-term transactions, there are various risks of economic change of circumstances including skyrocketing price increase and shortage of raw material, as well as force majeure in a general sense. Nevertheless, pretty many of international long-term commercial contracts do not include the provisions of renegotiation and adaptation of the contract. In this case, possibility of renegotiation and adaptation depends mainly on the applicable law. Namely, it may be possible or not, according to choice of law. The reason is that national laws have nuances each other, and most of national courts are traditionally reluctant to accept hardship. and also, provisions of international uniform law (CISG) has ambiguity and inflexibility in relation to the problems of change of circumstances. Accordingly, this paper analyzes comparatively the doctrines and provisions related to renegotiation and adaptation of contracts of the most representative countries such as England, U.S.A., France, Germany as well as provisions CISG and soft law such as PICC. By doing so, the author makes clear which laws of instruments is more flexible or acceptable in allowing renegotiation and adaptation of long-term commercial contracts, and emphasizes on the importance of inclusion of express terms by using other alternative supplementing clauses, as a best solution for settling the problems of legal uncertainty of contract in relation to renegotiation and adaptation.

The Direction of Improvement of Organic Agricultural Farmland Lease Institution (친환경농업 농지 임대차 제도의 개선방향)

  • Choi, Deog-Cheon
    • Korean Journal of Organic Agriculture
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    • v.17 no.4
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    • pp.441-461
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    • 2009
  • Switching to organic farming practices in agricultural production reaches the end of the period it takes an average of five years. During this period, agricultural soil management to improve the investment must be sustained. Results of the survey of environment-friendly agricultural lease rates appear to approximately 54.2% lower than agricultural practices. Environmentally friendly agricultural land is leased on a long transition period of the contract cost, many buried incompleteness, uncertainty of contract fulfillment(opportunistic behavior) occurs when the transaction costs. This ultimately can hinder the spread of organic farming. Thus, the qualitative development of organic farming and land leasing in order to minimize transaction costs, should that occur. The alternative 'cooperative long-term lease contract' is a system.

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RESPONSE TIME, INCENTIVE SYSTEM, AND LONG-TERM RELATIONSHIP

  • Rhim, Ho-Sun
    • Management Science and Financial Engineering
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    • v.4 no.2
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    • pp.59-75
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    • 1998
  • This paper presents an incentive system to reduce response time from a supplier. The incentive system is expressed as a contract between an assembler and a supplier who have a long-term relationship. We produce the optimal payment scheme and expected total cost, when the assembler is farsighted. We show that the farsighted assembler obtains higher effort level from the supplier than the myopic assembler. We also show that the expected total cost of the farsighted assembler is smaller in the long run, although it is initially higher than that of the myopic assembler.

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