• Title/Summary/Keyword: Service Contract

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The Empirical Study on Unfair Terms in Services Contract and Consumer Problems (서비스약관과 관련된 소비자문제의 실증연구)

  • 박수경
    • Journal of the Korean Home Economics Association
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    • v.36 no.5
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    • pp.89-106
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    • 1998
  • Standard contsacts are drafted by one side only and therefore naturally favour that party. The other party must either adhere to those terms or abandon the transaction entirely. Accordingly the terms in these contracts tend to by quite harsh, especially so in consumer transactions. The objectives of this study are to examine the degree of consumer knowledge practical use, experience of consumer problems on service contract terms and to investigate the factors which influence on the degree of experience of consumer problems related the contract terms. The data used in this empirical study included 685 consumers experienced transactions with the terms in the last two years in Seoul. Statistics used for data analysis ere Reliability, Frequencies, Means, Standard Deviation and Multiple Regression Analysis. The conclusions can be summarized as follows. 1) Actually, consumers experienced many problems related the service-contract terms, despite regulation of unfair contract terms. 2) The level of education and purchasing experience variables have affected positively to the level of consumer problem experiences related the contract terms. 3) The effect of trend and characteristics of contract terms are variables with the type of contract terms. Therefore the regulation of the contract terms have to by differently enforced according to the type of contract terms.

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Is CISG Applicable and Suitable in Service Contracts?

  • Kyujin Kim
    • Journal of Korea Trade
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    • v.27 no.3
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    • pp.43-64
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    • 2023
  • Purpose - This paper studies whether CISG can be a suitable governing law for pure service contracts. When CISG was first drafted, there was little disagreement on the fact that contracts for the sale of goods and those for the provision of services were two different types of contract. Based on this understanding, CISG explicitly provides that the Convention will apply to contracts where the preponderant part of the contractual obligation is on the sale of goods, not services. However, as more sales transactions have come to include more elements of services, mainly due to the advancement of the IoT industry, the distinction between goods and services became more blurred. Based on the observation of recent changes, some scholars even argue that such a change supports the applicability and suitability of CISG to even pure service contracts. The purpose of this paper is to critically analyze and evaluate their argument. Design/methodology - This paper focuses on two separate but related issues: CISG's 'applicability' and 'suitability' to service contracts. For the first issue, this paper will examine the rules of interpretation of international treaties under the Vienna Convention on the Law of Treaties of 1969, and will apply its rules to find the proper answer. For the second issue, this paper will perform logical and empirical analyses on the reasoning employed by scholars claiming the suitability of CISG to service contracts. Findings - This paper concludes that CISG does not, and should not, apply to pure service contracts. The argument that CISG applies to pure service contracts directly contravenes Article 3(2) of the Convention, which expressly states that it does not apply to a contract wherein the preponderant part of its obligation is about services rather than sales. Similarly, CISG is not a suitable governing law for pure service contracts because it aims provide rules specifically tailored to the needs of transactions of sales of goods, not services. Servitization of sales of goods transaction does not change this conclusion. Originality/value - This paper presents different views from those offered by some eminent scholars on the issue of applicability and suitability of CISG to service contracts. By doing so, it is hoped that the confusion caused in discussions so far are clarified. Hopefully, this paper can also provide practical guidance to practitioners engaged in the fields of international sales, services, and IoT industries.

An Empirical Study on the Importance of IT Governance Commitment in IT Service Management for Outsourcing Performance (아웃소싱 성과를 위한 IT 서비스 관리에서 IT 거버넌스 커미트먼트의 중요성에 대한 연구)

  • Lee, Jong Man;Koo, Chulmo;Nam, Ki-Chan
    • Knowledge Management Research
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    • v.11 no.3
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    • pp.31-45
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    • 2010
  • IT outsourcing studies have centered on the separate effect of formal contract and relational trust on IT outsourcing performance. In addition, previous studies ignored the importance of the relational capability that combine the formal contract and partnership can be able to deliver IT outsourcing effects. In this paper, we propose an IT governance commitment as a mediated role between relational capability and IT outsourcing performance. We collected data from 143 client companies of IT outsourcing and analyzed it using the PLS method. Our findings are revealed as following: At first, relational capability significantly and directly influence IT governance commitment as well as indirectly through formal contract and partnership. Secondly, IT governance commitment mediate between relational capability and IT outsourcing effect, and in turn affect IT outsourcing performance. The results and implications are further discussed.

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An Effect of Concreteness and Fairness of Service Contract on Performance of Service Provider in Logistics Outsourcing (물류계약 조항의 구체성과 공정성이 물류기업의 성과에 미치는 영향)

  • Kim, Jin-Su;Song, Sang-Hwa
    • Journal of Korea Port Economic Association
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    • v.28 no.2
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    • pp.129-153
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    • 2012
  • Even though logistics service outsourcing becomes widespread in manufacturing and service industries, logistics service providers encounter fierce competition and lower profit. Decreased profit has negative impact on service providers' competitiveness, which in turn threats successful relationship with shippers. In this paper, we investigate the factors which influence the performance of service providers. Factors related to service contract are examined and we test an effect of concreteness and fairness of service contract. PLS (Partial Least Square) modeling method is applied and validated using data from logistics service providing companies in Korea. In the model, service contract clauses are classified into two categories including cost and risk sharing terms. PLS analysis shows that partnership and performance of service relationship is improved when contract clauses are specified in detail. This study will contribute in providing an operational direction in effectively establishing a positive relationship between the logistics service provider and the shipper.

Reliability Growth Analysis for In-service PCS Telecommunication System (PCS 교환기의 In-service 신뢰도 성장 분석)

  • Jung, Won;Chang, Soon-Tae
    • Journal of Korea Society of Industrial Information Systems
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    • v.5 no.4
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    • pp.39-46
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    • 2000
  • New products often have in-service reliability problem despite an intensive development program. Therefore reliability data must be collected and analyzed, and improvements designed and implemented. A type of reliability incentive contract which has recently attracted a lot of attention is reliability improvement warranty(RIW). It has been employed by military, airlines, telecommunication systems, and public utilities. An RIW contract requires that the supplies carries out all repairs, modify the equipment to improve its reliability, and provides all spates needed, for a fixed period, for once-off fee. This paper presents the reliability growth analysis and management methods for in-service MC68 microprocessor, which is the main component of the base station controller in PCS(Personal Communication Service) telecommunication system. The methods will provide guidelines to monitor reliability program in planning RIW contract.

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A Broker-Based Framework for QoS-Aware Mobile Web Services Selection (품질고려 모바일 웹 서비스 선택을 위한 중개자 기반의 프레임워크)

  • Yeom, Gwy-Duk;Lee, Kun-Chang
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.12
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    • pp.209-218
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    • 2014
  • The more mobile devices consuming web services, the more QoS-aware selection of mobile web services, we need. A QoS(Quality of Service) contract is an agreement between the web service provider and the mobile user that specifies the level of the service quality. Web services users can be assured of the level of the service quality specified by the QoS contract. We propose a broker-based framework for QoS-aware mobile web services selection in this work. Under this architecture, the mobile users can request the web services through the service broker on the wireless networks. The service broker utilizes agents to monitor the web services quality and manages the service quality by notifying the service provider and mobile user of the service contract violation. Reliability, response time, and cost were the metrics used for QoS monitoring. Futhermore mobile users can select a web service best suited for his/her needs through the service broker.

Foodservice Satisfaction of Patients over 60 according to the Type of Foodservice Operation: The Case of B Hospital (급식운영방식에 따른 60세 이상 환자들의 급식 만족도 - B병원을 대상으로 -)

  • Lee, Shin Hey;Choi, Jung Hwa
    • The Korean Journal of Community Living Science
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    • v.26 no.4
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    • pp.683-696
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    • 2015
  • This study measures patients' meal satisfaction according to the type of operation (self-operation and contract operation) and identifies improvement areas. A survey was conducted using 183 contract operation patients and 60 self-operation patients receiving general meals. The mean score for satisfaction for the whole sample was 3.42 (self-operation = 3.51; contract operation = 3.39), and self-operation satisfaction was significantly higher than contract operation satisfaction. Mean scores were 2.98 for food, 3.26 for menu composition, 3.57 for sanitation, 3.78 for distribution meal services, and 3.50 for menu information. Self-operation showed a higher satisfaction level than the contract operation in food and menu composition. The ccontract operation showed a higher level of satisfaction than self-operation in sanitation, distribution meal services, and menu information. In terms of feeling dissatisfaction with meal services, both groups showed the highest dissatisfaction with food and menus, and both groups agreed on food and menus that required the greatest improvement. Based on the results, contract operation managers should develop and apply menus considering their preferences. Dietitians of self-operation strengthen communication between meal service staff and patients by carrying out periodic and systematic service education on self-operation.

Effects of Perceived Psychological Contract on Commitment and Citizenship Behavior for Service Marketing Agents

  • Oh, Young-Sam;Yang, Hoe-Chang
    • Journal of Distribution Science
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    • v.12 no.9
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    • pp.15-23
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    • 2014
  • Purpose - The purpose of this study is to investigate the effects of service marketing agents' psychological contract with the company on organizational commitment and organizational citizenship behavior. Research Design, Data, and Methodology - The antecedent variable of psychological contract, dependent variables of organizational commitment and citizenship behavior, and mediating variables of self-esteem, self-efficacy, and perceived organization support were used, based on precedent studies. Result - The psychological contract had a positive influence on self-esteem, self-efficacy, and organizational support. Moreover, self-efficacy and organizational support had an influence on commitment, while self-esteem, self-efficacy, and organizational support influenced organizational citizenship behavior. In addition, the results relating to mediated effects showed that only self-esteem had no mediated effect between contract and commitment. Conclusions - The call centers are asked to let the agents cognize an affirmative psychological contract. Further, the call centers are asked to produce an organizational atmosphere to let agents increase motivation factors. Finally, agents should develop them at personal levels to cognize organizational support affirmatively and to keep mutually beneficial contracts between call centers and agents.

A Study on Reform Scheme of Software Industrial Promotion Law (소프트웨어산업진흥법의 개선방향에 관한 연구)

  • Choi, Chang-Ryeol
    • Journal of Information Technology Services
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    • v.5 no.1
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    • pp.61-81
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    • 2006
  • It is necessary to systematically explore the reform plans of the Software Industrial Promotion Law to systematically a representative high-added value future knowledge-based industry, software industry. The current Software Industrial Promotion Law provides only one provision on software business contract procedures, and the Civil Code, the National Contract law or Subcontract Fairness Law regulate other things, so the features of software industry are not properly reflected. To the contrary, the Information Communication Construction Law or the Construction Basic Law effectively prevent disputes by providing material and detailed provisions. Therefore the current software industry needs to be shifted from promotion to fundamental one. That is, as the software industry takes up a large portion at present, so the law should have basic procedural provisions. Also the National Contract Law governs only the contract procedures of public sector, so there should be business performance procedural provisions to regulate the software business formalities of civil sector. And the National Contract Law controls the sale, construction and service of articles at separate contract procedures, but software business contains construction and service characters simultaneously, so there should be business performance procedures fit for software business. Thus this study presented the legislative need and bill on the performance procedures of software business.

A Checklist for Assessment of Risks Involved in IT Service Project Contract (IT 서비스 프로젝트 계약서 위험 요인 평가 체크리스트)

  • Jeong, Eun Joo;Jeong, Seung Ryul
    • Journal of Internet Computing and Services
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    • v.15 no.4
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    • pp.57-65
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    • 2014
  • Risk factors are the reason behind cost overruns and delays in long-term large-scale IT service projects. Major risks originate from the integration of complex IT system components, including software, hardware, and solutions; the competitive bidding process; the turnkey and firm-fixed price nature of contracts; and the project execution environment. We have identified several risk factors such as delay in acceptance, low quality of deliverables, delay in payment, adding and changing requirements and scope, unclear definition of roles and responsibilities of the buyer and supplier, and unclear procedures of change and quality management during the project execution phase. One needs to manage risks proactively before signing the contract. In order to weed out or lower the risk factors well in advance, we need to identify and remove risk factors contained in contract clauses and attached contract documents. We propose a checklist for assessing IT service project contracts. To validate the checklist's utility, we applied it to an IT service project in the finance industry. The results show that the checklist is effective in identifying and removing risk factors pertaining to IT service projects.