• ESCO지
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• 통권34호
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• pp.57-67
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• 2005

US GAO(US Government Accountability Office : 미국 회계감사원)는 US정부의 예산을 통합하여 관리하는 임무를 맡고 있다. 하지만 동시에 미국 내$\cdot$외의 정부정책과 활동에 관련된 정책분석, 프로그램 평가, 법적 선택 및 결정에 대한 감사역할도 하고 있다. GAO의 역할은 연방정부가 전세계에서 하고 있는, 건강보험부터 자국 안보까지의 모든 일을 포괄하고 있다. 이러한 GAO는 정부와 국회 증언에 사용될 GAO리포트를 매일 발간해 인터넷에 게시하고 있다. 지난해 12월 GAO는 미국 상원 예산위원회에 제출할 ''파트너쉽계약과 에너지절약수행계약에서의 예산과 문제점의 고찰(Partnership and Energy Savings Performance Contracts Raise Budjecting and Monioring Concerns)''이란 제목의 리포트를 발간했다. ESCO독자들에게 그 내용을 사례위주로 게재한다. 이 리포트의 전문은 미국 GAO홈페이지(www.gao.gov)에서 볼 수 있다.

• 무역상무연구
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• 제67권
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• pp.1-21
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• 2015

U. N. Convention on Contracts for the International Sale of Goods (hereinafter the 'CISG' or the 'Convention') has been in force more than 37 years. The CISG responds to the need for uniform sales law. First of all, the biggest barrier against the uniformity in sales law is so-called "homeward trend". Professor Honnold, who served as secretary of UNCITRAL during the time in which the CISG was developed, pointed out the danger of "homeward trend" like this in his Article. "One threat to international uniformity in interpretation is a natural tendency to read the international text through the lenses of domestic law." CISG Article 79 is the principal provision governing the extent to which a party is exempt from liability for a failure to perform any of his obligations due to an impediment beyond his control. So-called 'Manfred Forberich' decision regarding the article 79 represents the most extreme example of what is likely the most dangerous error that tribunals applying the CISG can make. CISG Article 79 only governs impossibility of performance, and there is a controversy whether a disturbance which does not fully exclude performance, but it considerably more difficult or onerous(hardship, change of circumstances, economic impossibility) can be considered as an impediment. Unlike PICC and PECL, the CISG governs contract of sale. Therefore, events such as a sudden increase in the price of raw materials or a dramatic devaluation of currency, will not allow the seller to avoid his liability for non-delivery of the goods or to require renegotiation of the terms of the contract of sale. We should bear in mind that the CISG should be interpreted and applied in the context of the CISG itself.

• 한국경영과학회지
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• 제41권2호
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• pp.101-127
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• 2016

Irrational ordering decisions of supply chain members have been gaining growing importance in the area of supply chain management. Irrational ordering behaviors that deviate from the profit maximizing decisions in the newsvendor settings have observed with human experiments in recent research. These behaviors can be modeled with several typical decision bias elements. This bias in ordering decisions affects the performance of supply chain contracts designed based on the assumption that the supply chain members make optimal decisions, making it necessary to design supply chain contracts by considering the irrationality. The purpose of this research is to derive a method to design the revenue sharing contract that considers human irrationality in ordering decisions. This research considers a simple two-echelon supply chain consisting of one supplier and one retailer, where the supplier is assumed to be perfectly rational while the retailer making newsvendor type ordering decisions displays irrational ordering behaviors. Under this environment, this research analytically models the revenue sharing contract to maximize the total supply chain profit or the supplier's own profits while considering the three decision bias patterns of the retailer, which include the pull-to-center effect, the prospect theory, and the increased subjective sensitivity to the revenue sharing ratio. Irrationality parameters are measured through human experiments based on which and through numerical simulations, we showed that significant improvements in the supply chain performance can be achieved.

• 한국건설관리학회논문집
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• 제20권1호
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• pp.124-132
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• 2019

해외건설업이 국가경제에 기여하는 중추 산업임에도 불구하고, 기존의 해외건설 실적에 관한 연구는 단편적인 동향이나 특정 시점의 시장 점유율을 분석하는데 집중해왔다. 해외건설업은 프로젝트 기반산업으로 분절적이고(fragmented), 여러 다른 업체로 구성되며(heterogeneous), 업황에 따라 시장 구조가 역동적으로 변화하는(dynamic) 특성을 가지고 있어 특정 시점에 대한 정태적 분석과 함께 동태적 시장 변화의 고려가 필수적이다. 본 연구에서는 2000년부터 2017년까지 국내 건설기업이 계약을 체결한 9,173건의 프로젝트 정보를 활용하여 우리나라 해외건설 계약실적 구조를 분석하였다. 산업 차원의 실적정보를 정태적(시장 집중도), 동태적(시장 이동성 및 불안정성)으로 구분하여 분석하였으며, 구체적인 방법론을 기술하였다. 분석 결과, 정태적 측면에서는 국내 건설기업의 해외건설 경쟁구도가 최근 더욱 치열해지고 있으며, 동태적 측면에서는 주요 지역 및 공종을 제외한 대부분의 경우 시장 지위가 미약하고 불안정한 것으로 밝혀졌다. 본 연구는 정태적 동태적 분석의 조합을 통해 건설 관련 주체들의 시장 이해도를 제고하고, 향후 경쟁전략 수립을 위한 기초자료를 제공하였다는 점에서 의의가 있다.

• 무역상무연구
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• 제23권
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• pp.155-219
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• 2004

This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

• 대한안전경영과학회지
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• 제14권4호
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• pp.271-279
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• 2012

Although digital contents markets grow very rapidly and are known as a higher value added industry, there is also potential risk in producing digital contents. Thus, many firms have begun to produce a firm's digital contents by outsourcing from other companies in order to catch-up new technologies and to make stable profits. However, since contracts are decided mostly based on bidding price and also standard contract are not available, there is a limit on the benefit from the contents outsourcing. Thus, this study argues that if both contract factors such as contract concreteness and flexibility are well managed, the on-line digital contents will increase the performance of a firm. This study deals with the influence on the firm's performance by the outsourcing in contract factors based on the empirical analysis. Using regression analysis with these two dependent variables, the findings showed that the contract concreteness had positive effects on both cost improvement performance and efficiency improvement performance, but the contract feasibility only had positive effect on efficiency improvement performance. In addition, the result of the study showed that the contract performance of outsourcing the digital contents have a positive impact on the partnership intention.

• 통상정보연구
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• 제8권1호
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• pp.243-257
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• 2006

This study is to introduce the Chinese Contract Law against non-performance of the contract and to solve the wide range of problems involving to executing the trading contract. The parties' liability for the period of performance, the place of performance, the failure to deliver conforming goods together with it's nature of the lack of conformity, and the methods of compensation against damages and the force majeure clauses application. Those issues affect directly to commercial transactions in international business. The focus is more on the interrelationship of private individuals in its trade and on aiming to remove the legal obstacles from the Chinese Contract Law to freely flow of international trade. Reference may include foreign corrupt practices, Conventions on Contracts for the International Sale of Goods and Laws of England, France, and Japan. This study has brought the efforts of these issues in the full spectrum of performance and with concentrations on effectiveness to avoid the different viewpoints of the general principles of CISG and commercial practice founded pre-eminently. This study, in presenting the legal framework, will contribute to a better understanding of the purpose of rules of Chinese Contract -Law as they interact to the benefit of the parties involved in international trade transactions. The writer believes that a problem-oriented approach and the concentration as outlined above would offer a different perspective for law faculty teaching in this area and hope that this study can be sufficiently diverse to satisfy many of those views.

• 한국시스템다이내믹스연구
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• 제13권1호
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• pp.81-112
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• 2012

This study investigate the impact of supply chain contracts on supply chain performance. This study employed Price adjustment contract(PAC) and Quantity adjustment contract(QAC) as two main types of a vertical coordination mechanism. We simulate different types of coordination mechanisms with various degrees of demand uncertainties and several capacity tightness scenarios. This study shows that PAC and QAC significantly enhance the supply chain profits and fill rates suggesting that supply chain performance can be improved by implementing a proper coordination mechanism depends on the level of a capacity tightness and demand uncertainty.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2015년도 추계 학술논문 발표대회
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• pp.70-71
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• 2015

Construction period is longer than the non-disclosure in civil construction of apartment house. And this process is intensive at the beginning and end of construction. Because this project management expertise is required. Nevertheless, subsidiary work(Working avoid a tendency of advanced technician, Frequent turnover and employment contracts, etc.) management attention of construction is at a lower level. Because of, there are the bad factors(trial and error, finish degradation, etc.). Therefore, this study analyzed Hindrance Factor of quality control on apartment complex construction work and presented importance of civil construction engineer's role. Also, forms of civil construction engineer, Performance experience and technical Strength of apartment complex construction was investigated for the construction. To this end, It analyzes the relationship between forms of civil construction engineer, Performance experience and technical Strength of apartment complex construction and Construction of evaluation as required by Construction Technology Management Act.

• 기술혁신연구
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• 제16권1호
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• pp.141-163
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• 2008

Technology transfer from public research institutes is receiving an ever increasing importance in today's fast growing economy. Many factors have been cited as influencing the transfer performance. This study is focused on the strategy of institutes which is characterized by technology strategic factors and organizational/institutional factors. Methodologically, the technology strategy is represented by the information contained in applied patents, and the performance of technology transfer is indicated by the number of licensing contracts and royalty income. To further improve the contribution of public research institutes through technology transfer, I argue that individual institutes become more specialized in specific field and become more open to collaboration. It is also recommended that public research institutes gather together since it is easy to form the consortium of technology licensing office and it is not necessary to be located near the industrial field.