• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.155-185
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• 2014

Liability for the manufacture or supply of defective products can arise in two principle ways, in tort and in contract. English law has long regarded shipbuilding contract as agreement for the sale and purchase of goods. The consequence of which is that unless the Buyer and Builder agree otherwise, terms will automatically be implied into the contract between them as to the quality and performance of the completed vessel. The same principle applies to sub-contracts allied to the shipbuilding contract. On the other hand, one case decisions established that ".... a contract to build a ship, though a contract of sale of goods, has also some characteristics of a building contract", Recently the liability of a manufacturer in tort for physical damage i.e. personal injury and damage to property other than alleged to be defective is now well settled in most countries. Accordingly the Builder may face third party claims in tort more regularly than they have in the past, if the statutory implied terms have not been expressly excluded in contract. In such circumstances, it is necessary for the Builder to be prepared with counter measures to secure the stability of the vessel from its design development, building process, delivery and operation etc. The purpose of this paper is, from the case of "MSC Carla", to review product liability, jurisdiction and the initial date of extinctive prescription, then to suggest counter measures to the Builder.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.43 no.3
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• pp.61-67
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• 2020

The fourth industrial revolution encourages manufacturing industry to pursue a new paradigm shift to meet customers' diverse demands by managing the production process efficiently. However, it is not easy to manage efficiently a variety of tasks of all the processes including materials management, production management, process control, sales management, and inventory management. Especially, to set up an efficient production schedule and maintain appropriate inventory is crucial for tailored response to customers' needs. This paper deals with the optimized inventory policy in a steel company that produces granule products under supply contracts of three targeted on-time delivery rates. For efficient inventory management, products are classified into three groups A, B and C, and three differentiated production cycles and safety factors are assumed for the targeted on-time delivery rates of the groups. To derive the optimized inventory policy, we experimented eight cases of combined safety stock and data analysis methods in terms of key performance metrics such as mean inventory level and sold-out rate. Through simulation experiments based on real data we find that the proposed optimized inventory policy reduces inventory level by about 9%, and increases surplus production capacity rate, which is usually used for the production of products in Group C, from 43.4% to 46.3%, compared with the existing inventory policy.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.31 no.5
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• pp.889-899
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• 2021

This paper proposes a reliable data sharing scheme on the internet of vehicles (IoV) by utilizing blockchain technology for constructing a decentralized system approach. In our model, to maintain the credibility of the information messages sent by the vehicles to the system, we propose a reputation rating mechanism, in which neighboring vehicles validate every received information message. Furthermore, we incorporate an incentive mechanism based on smart contracts, so that vehicles will get certain rewards from the system when they share correct traffic information messages. We simulated the IoV network using a discrete event simulator to analyze network performance, whereas the incentive model is designed by leveraging the smart contract available in the Ethereum platform.

• Journal of Korean Society for Quality Management
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• v.50 no.2
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• pp.251-264
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• 2022

Purpose: This study aims to contribute to the research flow on the relationship between win-win supportive collaboration and safety, while noting that win-win supportive collaboration affects corporate safety-related factors such as climate, safety prevention, and behavior from the perspective of domestic small and medium-sized logistics companies that have signed contracts with large logistics companies, Methods: Based on responses from 147 small and medium-sized logistics companies, structural equation modeling is performed to examine the relationship among the factors such as supportive collaboration, safety climate, safety prevention, safety behavior. Results: Study results are as follows. Supportive collaboration of large logistics companies influence the formation of a safety climate and safety behavior within logistics SMEs positively. In addition, safety prevention and safety behavior are affected by safety climate in a positive way. Conclusion: Win-Win supportive collaboration is a driving force behind safety management practices in the supply chain leading to safety management performance, so it is necessary to consider it for the growth of the sustainable supply chain.

• East Asian Journal of Business Economics (EAJBE)
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• v.11 no.2
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• pp.39-57
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• 2023

Purpose - This paper is to examine the work of a third party in the process of import and export management. In other words, the purpose of this paper is investigate the status and functional role of a third party in relation to each terms of the trade contract. Research design, data, methodology - This study consists of 5 chapters through literature survey. It will examine the involvement of the third party through each terms. Chapter 1 introduction, Chapter 2 deals with trade contracts, Chapter 3 investigates the shipping terms, payment terms, and insurance terms, and Chapter 4 reviews with commercial arbitration. And in Chapter 5, it looks at the conclusion and implications. Results - The relevant party in the import and export management process may be a third party through outsourcing, not the principal. At this time, in fulfilling each condition of trade, it can be seen that the implementation of tasks through the participation of a third party with high expertise can more smoothly and productively implement the overall import and export management. Therefore, it can be seen that the implementation of the trade business in which the third party participated can be interpreted in terms of derivative effects and at the same time can be a way to improve the principal's competitiveness procedurally. Conclusions -Through this study, in the import and export management, the performance of the work through the agent makes the entire process more smooth and efficient. Outsourcing of roles using the expertise of a third party, a subcontractor rather than a principal, is desirable and important.

• Management & Information Systems Review
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• v.37 no.2
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• pp.187-207
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• 2018

This study examines the negative relationship between accounting conservatism and excess executive compensation and examines whether their relationship increases as managerial incentive compensation intensity increases. For this purpose, a total of 2,755 company-years were selected for the analysis of the companies listed on the Korea Stock Exchange from December 2012 to 2016 as the final sample. The results of this study are as follows. First, there is a statistically significant negative relationship between accounting conservatism and manager overpayment. This implies that managers' incentives to distort future cash flow estimates by over booking assets or accounting profits in order to maximize their compensation when manager compensation is linked to firm performance. In this sense, accounting conservatism can reduce opportunistic behavior by restricting managerial accounting choices, which can be interpreted as a reduction in overpayment to managers. Second, we found that the relationship between accounting conservatism and excess executive compensation increases with the incentive compensation for accounting performance. The higher the managerial incentive compensation intensity of accounting performance is, the more likely it is that the manager has the incentive to make earnings adjustments. Therefore, the high level of incentive compensation for accounting performance means that the ex post settling up problem due to over-compensation can become serious. In this case, the higher the managerial incentive compensation intensity for accounting performance, the greater the role and utility of conservatism in manager compensation contracts. This study is based on the fact that it presents empirical evidence on the usefulness of accounting conservatism in managerial compensation contracts theoretically presented by Watts (2003) and the additional basis that conservatism can be used as a useful tool for investment decision.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.27-62
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• 2002

The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

• Explosives and Blasting
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• v.31 no.1
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• pp.55-63
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• 2013

With increasing needs in power, Singapore is requiring stronger power transmission. Singapore Transmission Cable Tunnel is underground tunnel for transmission system installation such as 400 kV cable. This Transmission Cable Tunnel is 35 km long in total. The North-South Transmission Cable Tunnel is 18.5 km long and there is a total of three (3) contracts; NS1, NS2 and NS3 in respect of the design and construction. The East-West Transmission Cable Tunnel is 16.5 km long, and also there is a total of three (3) contracts; EW1, EW2 and EW3. Among of them, SK E&C has been awarded and operating contract EW2 and NS2. In scope of works, each contract has 3 to 4 shafts which connect aboveground and underground high volt cable and those shafts are used as TBM launching shafts during construction. Transmission Cable Tunnel is undercrossing middle of Singapore and most of shafts are located in urban area. Thus, optimal blasting design satisfying high blasting efficiency as well as blasting vibration limit of Singapore is highly required. Blasting design for large shaft of Singapore Transmission Cable Tunnel follows blasting vibration limits in Singapore and reflects our blasting engineering skills. With Singapore Transmission Cable Tunnel Contract EW2, it is expected that our excellent blasting engineering and performance skills can be delivered to the world.

• Journal of the Korea Institute of Building Construction
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• v.13 no.6
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• pp.530-540
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• 2013

The business environment that affects the management performance can be characterized by each Strategic Business Unit (SBU) since construction companies win overseas contracts due to the fairly good construction situations while experience a decline in the local housing market. Environmental changes can alter the strategic importance of the SBU when measuring the management performance. However, large construction companies apply BSC (Balanced Score Card) for collective calculation to determine the management performance, making it difficult to reflect the strategic importance of SBU. This method may create a distorted image of management performance that fails to take environmental changes into consideration, and as such it needs to be improved. Yet, there are no studies on the weight of each SBU considering environmental changes. Thus, the current study intends to analyze the weight of SBU for company-wide measurement of the performance of large construction companies. In addition, a model for analysis of SBU importance is proposed to respond to the constantly changing environmental situations and to modify the weight. For analysis of SBU weight, a questionnaire was conducted with 23 experts and hands-on workers, and the questionnaire result was quantitatively analyzed by applying the FD-AHP method. It is expected that the result will enable a model to be proposed to calculate the weight per division in a manner that reflects environmental changes and minimizes strategic distortion when measuring the management performance of large construction companies.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.10 no.6
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• pp.317-324
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• 2010

This paper analyses the performance of push-pull strategy by Multicharts' portpolio tool. This strategy decreases a risk of option sell by moving an exercise price to outward and compensates the profit by doubling contracts. This strategy also makes risk-free option sell to move inward for earning gain. This strategy basically uses several symbols. And this feature makes impossible to use a portpolio tool. However, This paper provides the method to use it with extracting intrinsic data from a symbolname. As an experiment for one month of september experiment options, it shows 1.5 million won in case of 5-displace and also shows 32 million won in case of 2.5-displace. If a Margin is enough, this strategy always earns profit, but it's difficult to be applicated in real trades because of a margin risk.