• Title/Summary/Keyword: Operation agreement

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An Empirical Study on Contract Model for IT Outsourcing Application Operation (IT 아웃소싱 어플리케이션 운영 계약모델에 대한 실증적 연구)

  • Kim, Heungshik;Park, Soah
    • Journal of Information Technology Services
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    • v.16 no.2
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    • pp.45-60
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    • 2017
  • The study suggests a contract model of application operation through case study of A bank's IT outsourcing application contract based on workload. The IT outsourcing order form has a problem in that the scope of work is ambiguous due to the integration of operation and maintenance. In this study, application operation and maintenance were separated by referring to application operation history provided in ISO/IEC15504-5 standard. The scope of the IT outsourcing service was clarified by organizing the definition and detail activities of the application operation business. Application operation contract method has generally applied estimation method by the number of input manpower and period by agreement between buyer and client. As there is no activity to calculate the number of input manpower based on the operational work history and based on the standard workload per activity. In this case is not guaranteed due to the simple agreement between the contractors. In this paper, we propose an application operating cost estimation model that measures the size of the operating software using function point analysis that is the basis of application operation tasks. In order to verify the validity of the application operation cost model, we verified the correlation between the application size and the labor cost through regression analysis using SPSS.

A Study on the Organization and Operation of the Inter-Korean Commercial Arbitration Committee in Gaeseong Complex (개성공단에서의 남북상사중재위원회 구성.운영에 관한 연구)

  • Kim, Kwang-Soo
    • Journal of Arbitration Studies
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    • v.24 no.2
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    • pp.3-31
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    • 2014
  • As all aspects of international activity have kept growing in good transaction, transnational investments, joint ventures, and the licensing of intellectual property, it is inevitable for disputes to increase across national frontiers. International disputes can be settled by arbitration and ADR. In the situation presented in the paper, any dispute shall be finalized by arbitration and conciliation in the Gaeseong Industrial Complex. Inter-Korean Commercial Arbitration in the Gaeseong Industrial Complex has become the principal method of resolving disputes in trade, commerce, and investment in accordance with the "Agreement on South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). But the follow-up measures of the said agreements have not been fulfilled. Some prerequisite measures of the Inter-Korean commercial arbitration must be satisfied. In order to proceed with arbitration and conciliation in the Gaeseong Industrial Complex, we need to ask the following: Does the status of an arbitrational matter? Should an agreement to arbitrate contain a choice of law clause? Should one provide for one arbitrator or three? How should the arbitrators be selected? What is the relation between party-appointed arbitrators and the presiding arbitrator (neutral arbitrator)? Do arbitrators compromise more than the litigation? Can conciliation be combined with arbitration? To execute the enactment of arbitration regulations, the contents of the Arbitration Rules of the Korean Commercial Arbitration Board (South) and the Korea International Trade Arbitration Committee (North), together with the Korean Arbitration Act and External Arbitration Act of North Korea and the UNCITRAL Model Arbitration Law and UNCITRAL l Arbitration Rules are reflected in the Rules. There are many aspects of the Inter-Korean Commercial Arbitration. It is essential to understand key elements; namely, the arbitration agreement, appointment of arbitrator, arbitral proceeding and arbitral award, and enforcement and setting aside of arbitral award. This research deals with five chapters. Chapter 1 provides the introduction. Chapter 2 deals with trade volume between South and North Korea and the kinds of dispute in Gaeseong. Chapter 3 addresses contents and follow-up measures of the agreement on the "South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). Chapter 4 features the problems and tasks of the pertinent agreements. Chapter 5 gives the conclusion. Enabling parties to find an amicable solution to the dispute in the Gaeseong Industrial Complex can lead to a useful and appropriate framework either through direct negotiation or by resorting to conciliation or mediation in accordance with pertinent agreements and follow-up measures contained in the agreements.

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Case analysis of medical dispute about plastic surgery (성형수술과 관련된 의료분쟁 사례 분석)

  • Choi, Min;Sun, Hook
    • Archives of Plastic Surgery
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    • v.36 no.3
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    • pp.262-268
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    • 2009
  • Purpose: Recently medical dispute about plastic surgery is increasing rapidly as result of growing surgery itself due to high interest in appearance and advertisement of plastic surgery. So we want to find a way to prevent similar medical accident by making better solution of plastic surgery through case analysis of medical dispute. Method: 161 cases about plastic surgery asked for aid at Korea Consumer Agency and 41 cases judged at the court was surveyed and gender, location and kind of hospital, goal and kind of operation, making operation agreement or not, kind of damage, result of process, result of lawsuit was studied from 2004.1.1. to 2006.12.31. Result: Medical doctor have to explain about symptoms of disease, method of treatment, possibility of complication, prognosis to patients before therapy so they can make decision if they take operation by doctor or not. On this survey, among the patients who underwent re - operation or had complication, 88.1%(96 from 109 cases) of them didn't get enough explanation about possibility of complication before surgery They brought lawsuit insisting they would not undergo operation if they got enough explanation about possibility of complication and result of operation before surgery. Conclusion: It is advisable that doctor must observe the duty of explanation before surgery and respect the right to decide of patient, make operation agreement and put down concrete progress note and store the pre and post operative photo to avoid medical accident. It is also needed to have guideline of therapy, Code of ethics, organization which deals with medical dispute, reconsideration of law to control that.

Interpretation of Safeguard Agreement and Application to Korean domestic law under the WTO (WTO 세이프가드 협정의 해석과 국내법에의 적용방안)

  • Lee, Eun-Sup;Kim, Neung-Woo
    • International Commerce and Information Review
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    • v.13 no.1
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    • pp.271-298
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    • 2011
  • This paper seeks the proper and efficient operation of Korea's safeguard mechanism by examining the judicial interpretation and application of the safeguard measures under the WTO Safeguard Agreement. The judicial examination is focused on the terms of "unforeseen development" in GAIT XIX, "evaluation of all relevant factors", and "clear justification of measure" in Safeguard Agreement. Such an intensive examination. of the judicial interpretation is used for the comparative analysis of the Korea's domestic provisions to find out problems in operation and the interpretative and legislative responses to them. It is found that the Korea's adaptation of the Safeguard Agreement into the domestic provisions and the operation of such provisions in the practical field have generally been consistent with the WTO's basic principles and provisions. Korea's safeguard mechanisms should stably be operated for securing the proper protection of domestic industry under certain emerging circumstances. For such policy objective to be ensured, it is legislatively required to make additional provisions in line with the appellate body's consistent interpretations of the debating issues including the term of unforeseen development.

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Considerations for the Introduction and Operation of an Integrated Curriculum in Traditional Korean Medicine Education (한의학교육에서 통합교육과정의 도입과 운영을 위한 고려 사항)

  • Jo, Hak-Jun;Min, Sung-Ho
    • The Journal of Korean Medical History
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    • v.34 no.2
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    • pp.45-63
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    • 2021
  • This study considers the stages of curriculum development for the integrated curriculum of Pusan National University Graduate School & Hospital of Korean Medicine, and specifically the KAS2021 (announced in 2019), improvement measures for the curriculum of the College of Traditional Korean Medicine, and the case of the College of Medicine. The introduction of integrated curriculum in the College of Traditional Korean Medicine starts from the members (doers)' agreement. In the process of development, the organization that represents the members, the organization that sets up a goal and designs the curriculum, and the organization that executes them should fulfill their own roles. The stage of development and operation should have the support system for manpower, institution, administration, and finance. The curriculum (draft) should be concrete enough to be operated in reality. For the smooth operation of integrated education, it is necessary to secure more full-time teachers than before, and it is also necessary to have an organization fully in charge of monitoring and improving the operation. For the introduction and operation of integrated curriculum in Traditional Korean Medicine education, the members' agreement, institutional change, support system, and the cultivation of manpower for the operation/evaluation/development of curriculum should be considered.

Multivariate Analysis of Variance for Fuzzy Data

  • Kang, Man-Ki;Han, Sung-Il
    • International Journal of Fuzzy Logic and Intelligent Systems
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    • v.4 no.1
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    • pp.97-100
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    • 2004
  • We propose some properties of fuzzy multivariate analysis of variance by fuzzy vector operation with agreement index. We deals fuzzy null hypotheses and fuzzy alternative hypothesis and define the agreement index for the grades of the judgements that the hypothesis is rejection or acceptance. Finally, we provide an example to evaluate the judgements.

A Study on the Readjustment Plans for Solution of Conflict in Gaeseong Complex - Centering around the Inter-Korean Commercial Arbitration System (개성공단 분쟁해결 제도 정비방안 - 남북상사중재제도를 중심으로)

  • Hwangbo, Hyun
    • Journal of Arbitration Studies
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    • v.29 no.4
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    • pp.3-31
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    • 2019
  • In order to achieve full-scale economic cooperation between North Korea and South Korea, the Gaesong Industrial Complex should reopen first. In this case, the Inter-Korean commercial arbitration system should be clearly established to effectively resolve the disputes arising in the special economic zones of the Gaesong Industrial Complex. Even though the Inter-Korean Investment Security Agreement, the Agreement on the Resolution of Commercial Disputes between North Korea and South Korea, the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee, and the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee in the Gaesong Industrial District are in place, specific arbitration procedure is not concretely agreed upon and realized between the two Koreas. Therefore, the realization of commercial arbitration between them led by the Ministry of Unification or the government should be accomplished. In addition, it is necessary to consider the administrative trial or administrative litigation system in order to deal with administrative disputes that are not subject to commercial arbitration. Lastly, discussions on legal integration between the two Koreas should continue, focusing on the special economic zone of the Gaesong Industrial Complex, in order to prevent integration from being hindered by a different culture for a long time.

A case study on the exclusion of FTA application base on the processing operation of the rules of origin (원산지 규정의 가공공정기준에 따른 FTA 적용배제에 관한 사례 연구)

  • Se-Hyun Park
    • Asia-Pacific Journal of Business
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    • v.14 no.4
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    • pp.401-412
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    • 2023
  • Purpose - The purpose of this study is to analyze cases and suggest implications regarding the exclusion of the agreement tax rate according to the processing process standards of the FTA rules of origin. Design/methodology/approach - In this study, cases in which export and import companies were excluded from applying the agreed tax rate due to the application of processing operation standards after the application of the FTA were analyzed, focusing on the Tax Tribunal precedents, and a literature study was conducted. Findings - The results of this study analyzed through cases of appeal and verification of exclusion from application of the agreement are as follows. Research implications or Originality - Research on FTA cases is active, but this study is differentiated in that it focuses on analyzing cases of exclusion from application of negotiated tax rates based on meeting the processing process standards applied to fields such as textiles and chemicals in FTA.

SLA (Service Level Agreement) Metrics in IT Operation Outsourcing (정보체계 운영 아웃소싱에 있어서의 서비스 수준 측정 메트릭)

  • 김용수
    • Journal of the Korea Society of Computer and Information
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    • v.9 no.2
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    • pp.69-79
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    • 2004
  • For the successful IT operation outsourcing there need appropriate metrics on which both of the service clients and provider agree. The metrics are used to set up the service level objectives, which are manifested in the service level agreement with price. A study of metrics is necessary for the following reasons: First, most of the metrics used today were introduced in the early years of computers and are not satisfactory to both of the service providers and clients. Second, metrics represent the performance of system components but not end-user satisfaction. Third, because the service provider leads the outsourcing agreement, the objectives are specified more favorable to the provider. The objectives should be based on metrics that both sides fully understand and agree on.

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