• Asia pacific journal of information systems
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• 제24권3호
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• pp.325-344
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• 2014

Technical support of Window XP ended in March, 8, 2014, and it makes OS(Operating System) users fall in a state of confusion. Sudden decision making of OS upgrade and replacement is not a simple problem. Firms need to change the long term capacity plan in enterprise IS management, but they are pressed for time and cost to complete it. Individuals can not help selecting the second best plan, because the following OSs of Window XP are below expectations in performances, new PC sales as the opportunities of OS upgrade decrease, and the potential risk of OS technical support ending had not announced to OS users at the point of purchase. Microsoft as the OS vendors had not presented precaution or remedy for this confusion. Rather, Microsoft announced that the technical support of the other following OSs of Wndow XP such as Window 7 would ended in two years. This conflict between OS vendor and OS users could not happen in one time, but could recur in recent future. Although studies on the ways of OS user protection policy would be needed to escape from this conflict, few prior studies had conducted this issue. This study had challenge to cautiously investigate in such OS user's reactions as the confirmation with OS user's expectation in the point of purchase, three types of justice perception on the treatment of OS vendor, psychological contract violation, satisfaction and the other betrayal behavioral intention in the case of Window XP technical support ending. By adopting the justice perception on this research, and by empirically validating the impact on OS user's reactions, I could suggest the direction of establishing OS user protection policy of OS vendor. Based on the expectation-confirmation theory, the theory of justice, literatures about psychological contract violation, and studies about consumer betrayal behaviors in the perspective of Herzberg(1968)'s dual factor theory, I developed the research model and hypothesis. Expectation-confirmation theory explain that consumers had expectation on the performance of product in the point of sale, and they could satisfied with their purchase behaviors, when the expectation could have confirmed in the point of consumption. The theory of justice in social exchange argues that treatee could be willing to accept the treatment by treater when the three types of justice as distributive, procedural, and interactional justice could be established in treatment. Literatures about psychological contract violation in human behaviors explains that contracter in a side could have the implied contract (also called 'psychological contract') which the contracter in the other side would sincerely execute the contract, and that they are willing to do vengeance behaviors when their contract had unfairly been broken. When the psychological contract of consumers had been broken, consumers feel distrust with the vendors and are willing to decrease such beneficial attitude and behavior as satisfaction, loyalty and repurchase intention. At the same time, consumers feel betrayal and are willing to increase such retributive attitude and behavior as negative word-of-mouth, complain to the vendors, complain to the third parties for consumer protection. We conducted a scenario survey in order to validate our research model at March, 2013, when is the point of news released firstly and when is the point of one year before the acture Window XP technical support ending. We collected the valid data from 238 voluntary participants who are the OS users but had not yet exposed the news of Window OSs technical support ending schedule. The subject had been allocated into two groups and one of two groups had been exposed this news. The data had been analyzed by the MANOVA and PLS. MANOVA results indicate that the OSs technical support ending could significantly decrease all three types of justice perception. PLS results indicated that it could significantly increase psychological contract violation and that this increased psychological contract violation could significantly reduce the trust and increase the perceived betrayal. Then, it could significantly reduce satisfaction, loyalty, and repurchase intention, and it also could significantly increase negative word-of-month intention, complain to the vendor intention, and complain to the third party intention. All hypothesis had been significantly approved. Consequently, OS users feel that the OSs technical support ending is not natural value added service ending, but the violation of the core OS purchase contract, that it could be the posteriori prohibition of OS user's OS usage right, and that it could induce the psychological contract violation of OS users. This study would contributions to introduce the psychological contract violation of the OS users from the OSs technical support ending in IS field, to introduce three types of justice as the antecedents of psychological contract violation, and to empirically validate the impact of psychological contract violation both on the beneficial and retributive behavioral intentions of OS users. For practice, the results of this study could contribute to make more comprehensive OS user protection policy and consumer relationship management practices of OS vendor.

• 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.

• 무역상무연구
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• 제13권
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• pp.329-346
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• 2000

The marine cargo insurance is mainly the insurance on foreign trade commodities. The sales contract stipulates as to which of the seller or the buyer should arrange the insurance. In other words, if the sales contract is made on the C.I.F. terms, the seller has to arrange the insurance, while, in the case of F.O.B. or C.F.R. terms, the buyer has to arrange it. The F.O.B. or C.F.R. terms means that the seller has to take out an insurance for himself until the cargo being loaded onboard the overseas vessel at the port of shipment in export country. But our country has not reasonable insurance to cover seller's risk, because it hasn't yet implemented the insurance. In respect of a cargo exported from Korea on F.O.B. or C.F.R. terms, the F.O.B. insurance covers comprehensively the inland transit and storage until the cargo being loaded onboard the overseas vessel at the port of shipment in Korea with a certain limitation of a insurance period. The goal of this study is to analyze the development propriety of F.O.B. Insurance. This could be done through analyzing the volume and analyzing the proportion of F.O.B. or C.F.R. terms for export. It is supposed that the potential demands of F.O.B. insurance are sufficient in our country for developing the F.O.B. insurance. At this point of time, the positive development of F.O.B. insurance for export is inevitable from the viewpoint of present situation of trading circles.

• 무역상무연구
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• 제12권
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• pp.227-252
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• 1999

In this Article the writer introduces the origin and preparation of "the UNIDROIT Principles of International Commercial Contracts". In May 1994 the Governing Council of the UNIDROIT gave its formal imprimatur to the UNIDROIT Principles and recommended their widest possible distribution in practice. After brief discussion of the establishment procedure of the UNIDROIT Principles the writer discusses the legal nature of the Principles as an international restatement of contract law. The UNIDROIT Principles has more flexibility than international convention. But it has deficit in the sense of legal stability. Also the scope of application of the Principles was discussed. It can be applied only to the international commercial contracts. It includes two basic principles in it's application, i. e. "commercial contracts" and "international contracts". For the rest of the Article the writer concentrates on the contents of the Principles and the basic ideas underlying the Principles from the point of view of the comparision between the UNIDROIT Principles and "the UN Convention on the International Sale of Goods" (CISG). The UNIDROIT Principles are only restatements and the CISG is an international convention. The application of the CISG is obligatory due to its nature as an international convention. In the contrary the possibility of the application of the UNIDROIT Principles is more flexible. The UNIDROIT Principles is a more comprehensive instrument than CISG. Therefore it can be applied to all kinds of international commercial contracts. In the contrary the CISG can be applied only to international sales contract. Since CISG only deals with contracts for the sale of goods, and the scope of the UNIDROIT Principles is much wider, no overlap can occur where contracts other than sales contracts are concerned. Rather the UNIDROIT Principles can supplement the CISG and the CISG also can be criteria in interpreting the UNIDROIT Principles. As the conclusion the writer summarizes the meanings of the UNIDROIT Principles and presupposed the futur perspectives of the Principles.

• Journal of Nutrition and Health
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• 제39권4호
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• pp.417-425
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• 2006

The purpose of this study were to a) investigate operation of human resource in contract foodservice management company (CFMC), b) identify the staffing indices for the establishment an labor productivity for CFMC, and c) develop standardized model of staffing demand as foodservice's scale in CFMC. The data was collected using FS intra-net system from 138 contract-managed foodservice operations in A CFMC and statistical analysis was completed using the SAS/win package (ver. 8.0) for description analysis, ANOVA, Duncan multiple comparison, pearson correlation analysis, and regression analysis. The types of operation were included factory (45%), small scale operation (26%), office (11%), department store (10%), training institute (4%), and hospital (3%). The distribution of foodservice scale was classified by meal served was as follows; 'less than 500 meals (47%)', 'from 500 to 1500 meals (25%)', 'from 1500 to 2500 meals (17%)', and 'more than 2500 meals (12%)'. There was two types of contract method, fee-contract (53%) and profit-and-loss contract (46%) Some variables were significantly high operation indices such as selling price, food cost, monthly sales, net profit and others were significantly low operation indices such as labor, meal time a day in the small foodservice on meal scale (p<.001). The more foodservice was large, the more human resource was disposed on dietitian, cook, cooking employee altogether (p<.001). Foodservice in A CFMC was divided into 2 groups by 500 meals a day, according to comparative analysis of labor productivity as meal scale per working hour, meal scale a day and operation indices as meal per foodservice employee, meal per cooking employee (p<.001). The regression equation model was developed as 'the number of employees=1.82+0.014 ${\times}$ meal served' in the operation of less than 500 meals, 'the number of employees=9.42+0.013 ${\times}$ meal scale a day -0.94 ${\times}$ meal scale per working hour' in the operation over 500 meal scale using labor productivity indices and operation indices. Therefore, CFMC could be enhanced efficiency of human resource arrangement using the standardized model of staffing demand and would be increased effectiveness of profit.

• 해사법연구
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• 제29권2호
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• pp.115-144
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• 2017

2007년 미국에서 시작된 글로벌 금융위기의 영향은 국내의 해운 조선 분야에도 크게 영향을 미쳤다. 이와 관련하여 국내 조선소는 해운경기 악화로 인한 상선 수주물량 감소의 대체수단으로 여러 방면에서 수주전략을 수립하였고, 선택한 분야가 해양플랜트였다. 그러나 국내 조선소는 해양플랜트 관련 계약이 갖고 있는 위험성 분석에 대한 대비 없이 단순한 매출액 확대와 일감확보를 위한 무리한 영업 수주전략을 추진하였다. 이러한 결과, 해양플랜트 발주자와 초기에 계약한 금액보다 많은 비용이 투입되거나 제조물 인도지연에 따른 지체상금을 지급해야 하는 법적인 문제로 확대되었다. 주요 법적분쟁의 원인은 해양플랜트공사 시 발생할 수 있는 비선형모델에 의한 위험성 분석, 공정관리의 미숙, 국내 조선소가 "Engineering Procurement Construction 일괄계약"을 사용하는 해양플랜트공사계약의 이해 부족에 기인한다. 특히, 위험성 관리 항목의 한 요소로써 계약상의 독소조항에 대한 충분한 검토가 이루어지지 않은 점에 있다. 이러한 계약서를 검토할 만한 인력도 부재하다. 따라서 이 연구에서는 계약목적물의 인도지연이 발생할 수 있는 구체적 위험성의 존재를 식별하고, 해양플랜트공사계약 상에는 어떠한 불공정조항이 존재하며, 그러한 불공정조항이 실제 양 당사자에게 어떻게 적용되는지를 국내 조선소의 프로젝트 관리자의 인터뷰와 선행연구를 참조하여 구체적 위험요소가 계약상으로 어떻게 함의되는가에 대해서 살펴보았다. 이를 통하여 해양플랜트공사계약상 제조물인도지연에 관한 계약당사자의 법적 책임관계와 국내 조선 해양플랜트 산업발전에 기여할 수 있는 개선방안을 도출하였다.

• 한국프랜차이즈경영연구
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• 제3권1호
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• pp.1-25
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• 2012

프랜차이즈 산업의 발전과 더불어 프랜차이즈 기업과 관련한 다양한 연구들이 진행되고 있다. 그 중 프랜차이즈 성과와 관련된 논의들은 가맹본부 성과, 가맹점 성과, 관계특성에 대한 성과, 재무적 성과, 비재무적 성과 등 연구의 주제나 목적에 따라 다양한 관점에서 제시되어 왔다. 그러나 기존의 프랜차이즈 성과와 관련된 논의들이 너무 포괄적으로 제시되거나 만족, 장기지향성 등 정성적인 측면만을 강조하는 한계를 안고 있다. 따라서 본 연구는 프랜차이즈 기업의 성과를 보다 명확하게 제시할 필요성에 의해 진행하게 되었다. 즉, 프랜차이즈 기업의 특성을 반영한 계량화되고 수치화된 정량적인 성과지표를 제시하고자 한 것이다. 이를 위해 프랜차이즈 기업의 계약관리 실태를 체계적으로 분석 정리하고 이를 전사적 계약관리(ECM)지표로 제시하였으며, 보다 정량적인 분석을 위해 계약관리 레버리지를 제안하였다. 계약관리 레버리지는 가맹점과의 계약증가율이 가맹본부의 매출액증가율의 변화에 어떠한 유의적인 변화를 가져오는가를 보여주는 지표로서 프랜차이즈 기업을 대상으로 분석한 결과, 주목할 만한 시사점을 발견할 수 있었다. 따라서 본 연구는 프랜차이즈 기업의 성과를 매출액이나 가맹점증가율, 만족 또는 재계약의도라는 일면적 측면에서 제시되던 관점에서 보다 종합적이고 입체적인 차원에서 계량화된 분석 틀을 제공함으로써 프랜차이즈 기업 성과연구와 실무적인 차원의 기업 성과관리에 새로운 방법론을 제시하였다는데, 그 목적과 의의가 있다.

• 한국관광식음료학회지:관광식음료경영연구
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• 제14권2호
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• pp.95-119
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• 2003

Case Study about the management of bakery menu through a menu analysis: This study checked the sales of bakeries this researcher has operated for 4 weeks before evaluating the menu with Kasavana & Smith Analysis, changing the position of the menu on the theoretical base of space composition and then checking the sales for 4 weeks again and analyzing in the same way. The study compared the two groups by using the menu analysis. The menu used in the analysis included 31 items produced in the stores and 29 items turned out from the headquarters. The results of the menu evaluation through Kasavana & Smith Analysis are as follows: (i) before changing the position of the menu 22 Stars, 20 Puzzles, 15 Plowhorses, 13 Dogs (ii) after changing the position 18 Stars, 24 Puzzles, 12 Plowhorses, 6 Dogs During the study, it was inconvenient that many things not thought about before were discovered. The limitations of the study are as below: a) when the displayed items were sold out, they couldn't be supplied continuously. The items from the headquarters were supplied as many as the ordered volume. As the stores prepared materials only for the day, they only produced bakeries as many as the dairy target. So it is difficult for them to keep extra bakery. b) it is natural that a new item make the sales of the existing items cut down. During the study, there appeared a new item, which influenced on the sales. c) as the store this researcher manages is smaller than the others, it was difficult to change all the position of the menu. With only 18 items changing their positions, there couldn't obtain more accurate data. d) because of the franchise contract, there fixed the prices of supply and sale. Therefore the price of Plowhorse couldn't be changed. However on the base of this study, it can search more specific ways to efficiently manage the bakery business in the future.

• 산경연구논집
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• 제10권8호
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• pp.45-53
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• 2019

Purpose - The purpose of this study was to clarify the factors to make an exclusive importation contract between foreign fashion brands and local retailers for successful business in Korea. Even though imported fashion brand market shows stead increasing in terms of sales amount, the number of store related study was very rare in fact. Meanwhile, as long as this business is glowing a lot of brands are suffering from bad business performance or getting in ruins thus these problems result in foreign currency loss. The local marketers therefore, strongly expect to know the solution for this matter. Research design, data, and methodology - For the qualitative research, 10 experts who are operating foreign brands with an exclusive contract at a department store or at duty free shop now and who had at least over 10 years of related working experience were included. The factors for the exclusive importation contract with foreign brands were drawn up through the one-to-one in-depth interview method from September 3, 2017 to January 15, 2018. The expert group for the validity analysis includes 2 professors and 5 postgraduate students. Results - As a result of qualitative study on the factors for imported fashion brand's launching with the exclusive importation contract, it turned out that there were 5 factors - safety, profitability, reliability, speed and global retailing. Safety, profitability, and reliability have been mentioned in most related surveys but some details are added and speed and global retailing have been newly highlighted and many unknown legal issues that it was not easy to get form common academic research are included. Speed simply means quick lead time and global retailing means stores where located in other countries. Conclusions - The reason that qualitative research should be done before the quantitative research is due to the scant theoretical background for this matter. Because the market of an imported fashion brand is steadily increasing, determining the factors to make exclusive importation contract is very meaningful from the point of academic and business. After this study, many marketers may get basic conditions to apply for real business and I hope the following quantitative research will give more effective results. The next study also will have extended range concerning industry area, product and distribution channel.

• 한국중재학회지:중재연구
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• 제32권3호
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• pp.71-91
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• 2022

The CISG does not stipulate the subject of the burden of proof, and in the arbitral award, the buyer is liable for proof compared to the seller for nonconformity of the product. Without a unified interpretation of the burden of proof of non-contractual goods, confusion of uncertainty may increase if the parties to the sale contract have a dispute due to the trade in goods. It is an important issue to create a unified regulation on this because the courts or arbitration agencies of the Contracting States of the CISG interpret and apply the "seller's obligation to conform to the goods contract" stipulated in this Convention in various ways. In this study, in the case of international Sales of Goods there is a tendency to prefer arbitration through arbitration agencies in the dispute, so the subject of burden of proof is analyzed through arbitration cases applied by CISG as the governing law. Most international commodity trading around the world is regulated by this Convention, but according to the rigid convention regulations, it is analyzed and interpreted through cases where this convention is applied to each country's international arbitration, suggesting the need for a rigid CISG revision.