• 국제학술발표논문집
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• The 1th International Conference on Construction Engineering and Project Management
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• pp.638-642
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• 2005

This paper presents incentive application strategies and delay prevention strategies as schematic approaches to improve time performance of highway construction contracts. This research recognizes the importance of improving time performance during highway construction. Strategic solutions of the most core issues on time performance incentive contracting are identified. The suggested incentive application strategies develop criteria for applying time classification to projects, for assigning project time classifications to contractors and designers, and for determining appropriate incentive values in A (cost) + B (time cost) and other performance incentive contracts. The suggested delay prevention strategies develop criteria for determining the appropriate subsurface utility engineering (SUE) level and to develop best practices for avoiding utility relocation delays. A schematic approach for each strategy is developed. This paper also introduces current incentive contracting practices in Florida. The researchers obtained the information from experienced persons in the highway construction industry, including key highway contractors, designers, and Department of Transportation (DOT) and Federal Highway Administration (FHWA) personnel. The major focus of this research is to develop strategies and suggest approaches to improve time performance of highway construction contracts. For future study, practical tools to facilitate implementation of the suggested strategies should be developed, so that the criteria, implementation processes, and best practices developed may contribute to the current industry-wide effort to improve time performance.

• 정보학연구
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• 제1권2호
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• pp.15-24
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• 1998

본 연구에서 살펴본 바와 같이 컨테이너 운송의 경우 보험단보의 공백구간에서 발생하는 위험을 회피하기 위해서는 운송인 책임의 개시와 위험의 이전시기가 일치되어 있는 컨테이너 정형무역거래조건을 이용해야 한다고 사료되어진다.

• 산업공학
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• 제22권2호
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• pp.165-173
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• 2009

This paper considers a two-component assembly system that makes different types of purchasing contracts by component type and studies the issue of coordinating those contracts. Acquisition of type 1 component is based on the long-term contract. In contrast, type 2 component is intermittently purchased under the sort-term contract. We identify the structural properties of the optimal short-term contract and investigate how the changes in system parameters affect the optimal performance. To provide managerial insights, we compare the short-term and long-term contracts for type 2 component and discuss the conditions that make the short-term contract preferable to the long-term contract. We also present a result which shows that coordinating the contracts of type 1 and type 2 components can be significantly profitable over uncoordinating them.

• 한국중재학회지:중재연구
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• 제24권3호
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• pp.1-31
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• 2014

The foundation of the arbitration jurisdiction is the arbitration agreement entered into by the parties to a contract. Usually, only the signatory parties to a contract and the disputes arising from a contract that includes an arbitration clause or to which the arbitration clause relates are the ones that can be submitted to arbitration. This article discusses some of the arguments for extending the arbitration clause in complex arbitrations, that is, in those cases where there are more than two parties, more than two contracts or more than two parties and contracts. Particularly, this paper addresses multiple contract arbitration when the contracts are related. One of the arguments used by the arbitral tribunal for the extension of jurisdiction is the existence of a link between the contracts. Additional arguments include implied consent, participation in the negotiation and performance of a contract and good faith. The article also discusses some of the typical cases of linked contracts in many civil law countries, such as subcontracts, third party beneficiaries and standard terms of contracts, from which arbitral jurisdictions problems may arise. Finally, special attention is given to Article 14 of the 2008 Peruvian Arbitration Law as the first provision in an arbitration law in Latin America that extends the arbitration agreement to non-signatory parties using for this a mixed approach.

• 한국IT서비스학회지
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• 제2권1호
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• pp.157-172
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• 2003

Despite the continual growth of IT outsourcing market, the outsourcing contracts are mostly short-term contracts. Because these short-term contracts need continual recontracts, the research on the factors that influence the outsourcing recontracts is needed. This research has been done to find out the factors of making the outsourcing recontracts successfully by stating the relationship between outsourcing recontract and the outsourcing performance factors. As a result of this research, customer factors and innovation factors are found to be influential factors on whether you make a recontract or not. And also the research have showed customer factors are major decision criteria on outsourcing recontracts.

• 무역학회지
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• 제48권3호
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• pp.243-262
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• 2023

본 연구는 스마트 무역계약의 체계적 문헌고찰을 통해 스마트계약과 블록체인 기술을 활용한 무역계약의 디지털화와 자동화에 관한 연구 동향과 이론적 배경을 파악하고, 기술적 측면과 법적 측면에서의 도전 과제와 해결 방안을 분석하였다. 스마트 무역계약은 블록체인을 기반으로 한 자동화된 계약 시스템의 개념을 무역과 관련된 거래에 적용한 것이다. 기술적 측면에서는 스마트계약 플랫폼의 개발, 블록체인 네트워크의 확장성과 성능 개선, 보안 및 개인 정보 보호 등을 다루었고, 법적 측면에서는 스마트계약의 법적 구속력, 계약 조건의 자동 이행과 이의 실현 가능성, 계약 당사자의 책임과 의무 등을 다루었다. 스마트 무역계약은 국제무역, 공급망 관리, 금융, 보험, 에너지 등 다양한 산업 분야에서 적용 사례가 발견되고 있으며, 이를 통해 무역금융의 용이성과 공급망의 효율성 향상, 비즈니스 모델 혁신에 이바지할 수 있는 것으로 확인되었다. 그러나 스마트 무역계약의 한계점으로는 법적 규제와의 상호작용 문제, 기술적 측면에서의 도전 과제 등이 있으며, 후속 연구에서는 실증 연구, 비즈니스 모델 혁신, 법적 쟁점 해결, 보안과 개인 정보 보호, 표준화와 협력, 사용자 경험 연구 등 다양한 측면을 고려해야 할 것으로 판단된다.

• 에너지공학
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• 제23권2호
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• pp.199-206
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• 2014

ESCO 업계는 2013년 ESCO 규정의 개정으로 에너지절약성과 보증계약에 대한 역량을 강화하여야 한다. 이러한 시점에서 에너지절약성과에 대한 측정 검증(M&V)이 중요한 과제로 부각되고 있다. 이에 따라, 선진국의 M&V 적용사례 파악이 필요하다. 에너지사용자와 ESCO 기업 간의 에너지절약성과 보증계약 체결에 의한 에너지절약설치로 발생되는 에너지절감량을 측정 평가하는 방안을 제공하는 것이 무엇보다 중요하다고 할 수 있다. 2013년부터 성과보증계약 방식 위주의 ESCO 사업이 추진되기 시작하였다. 따라서 이러한 이유로 IPMVP에서 권고하고 미국이나 일본에서 적용하고 있는 M&V 사례 를 활용하여 우리나라의 ESCO 여건에 적합한 M&V 적용방안의 마련이 필요한 것으로 판단된다.

• Industrial Engineering and Management Systems
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• 제12권3호
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• pp.224-233
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• 2013

In supply chain management, the supply contract can induce collaboration and coordination among the supply chain members in order to optimize supply chain performance. Numerous supply contracts have been examined; however, some difficulties related to the application of these contracts still occur. One of the solutions is to apply the composite supply contract which can assist in the supply chain coordination. This research examines the composite contract of the revenue sharing and quantity flexibility contracts in a two-stage supply chain, which comprises a retailer and a supplier. In this research, a mathematical model of the composite contract is developed; then, the applicability of the proposed composite contract is examined by investigating its capability in terms of supply chain coordination and profit allocation. In the numerical experiments, the composite revenue sharing-quantity flexibility contract showed that it is superior to both component contracts in terms of supply chain coordination and profit allocation among supply chain members.

• 무역상무연구
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• 제42권
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• pp.33-66
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• 2009

Common law makes a distinction between partial breach and material breach. Attempted definitions of material breach are notoriously unsatisfactory, and the concept of partial breach does not necessarily bear an inverse relationship to substantial performance. This study will review the basic structure of common law contract remedies together with how these remedies are reflected in UCC Article 2 for sale of goods contracts. The matter is complicated because availability of remedy depends on the seriousness of the breach, and the right to cure, and (for sale of goods) these in turn depend on whether the contract is an installment contract or a single performance contract. Common law jurisdictions relegate specific performance of contracts to a last place in the hierarchy of contract remedies. Common law lawyers should recognize that this is the result of historical accident and not the product of some kind of superior intellectual effort. Not only is the attitude of civil law systems toward specific performance quite different, but for international sales contracts in developing nations, a remedy system based on the notion that substitute contracts are readily available(and therefore damage remedies are appropriate) is unrealistic. English common law courts were largely restricted to remedies in the form of monetary damages. For that reason the primary contract remedy at common law has never been specific performance. Rather, common law courts have struggled to develop an appropriate measure of monetary damages for breach of contract. Today, specific performance is viewed as an equitable remedy rather than common law. In the United States the dual court system has been abolished by a merger of law and equity courts into a single court structure. However some historical distinction linger on. The most important is that jury trials are generally not available in actions that seek equitable relief. If a plaintiff seeks in personam relief, such as specific performance of a contract, the action will be viewed as equitable and there will be no entitlement to a jury. Further, equitable relief will be granted only in those situations where the plaintiff pleads and proves that the remedy at law is inadequate. The purpose of this study aims to analyze the remedy system of breach of contract of U.K. and U.S. in the international commercial transactions with criterion of commercial rationality.

• 한국중재학회지:중재연구
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• 제8권1호
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• pp.269-291
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• 1998

Change of circumstances subsequent to formation of international business contract raises two issues on both parties' obligation to perform business transaction concerned. One is impossibility of performance due to events beyond control of parties and the other is adaption of contract. In Anglo-American Law such an impossibility of performance is provided by the doctrine of Frustration and the doctrine of Practicability(UCC 2-615). In practice a "force majeure" clause should be included in contract defining the parties' mutual rights and duties if certain events beyond their control occur to safeguard themselves against possible impossibility. On the other hand the tendency of international trade is that alongside sales contracts, there are contract for supplies, for furnishing raw materials, for building industrial complexes, and transferring technology. One characteristic of these agreements is their duration. For in order to carry out these agreements, it is necessary to complete a series of closely interrelated operations which, in the normal course of events, take place over a number of years. It is often difficult for the parties, when finalizing their contract, to have a full grasp of all of the factors governing their relations. With a view to resolving difficulties such as compromise the continuous performance of a contract, parties may insert a regulatory clause in their contract providing for intervention by a third person after stating in specific and detailed fashion the circumstances in which their contract may be adapted.