• Title/Summary/Keyword: Work contract

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A Study on the Direction of the Warranty Contract in Constructions (건설공사 성능계약제도 도입방향에 관한 연구)

  • Kim, Hyun;Park, Sung-Yong;Seo, Young-Chil;Lee, Sang-Beom
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2008.05a
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    • pp.153-157
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    • 2008
  • The construction market has gradually become complexity, variety and specialization, and then owner's requirements about quality has become various. In order to solve the problem such as stated above, advanced constructions in United Kingdom, Japan and United States have introduced warranty contract which is warranted to quality and performance for need of owner in determined term to ensure the quality of construction since 1960s. However, the interior of a country encounter another problem result from defects liability what indefiniteness of defects standard, excess responsibility period, social recognition of be identical fraudulent work and defects, and contract with ascendancy of owners. etc, so builders concerned more excess defects liability than the quality of construction. The purpose of this study is to analysis of warranty contract in order to solve the problem such as stated above.

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Study on Drafting Appropriate Dispute Resolution Clause in International Contract

  • Lee, Se-In
    • Journal of Arbitration Studies
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    • v.29 no.3
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    • pp.39-52
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    • 2019
  • There are various factors to consider when parties to an international agreement draft a dispute resolution clause in their written contract. These factors can be classified into two categories. The first category is about the parties and the nature of the contract, such as the parties' places of business and whether the contract contains a simple transaction or has a complicated nature. The second category is about the applicable rules of the parties' places of business or performance such as the private international law, service of process rules, and enforcement of court judgment and arbitration award rules. When parties to an international contract agree to a litigation, they normally choose a forum court and a governing law. In selecting a forum court and a governing law, the parties must consider private international law, service of process rules, and enforcement of judgement rules of candidate forums. In case the parties agree to an arbitration, they have to choose between institutional arbitration and ad hoc arbitration. For ad hoc arbitration, parties still need to further agree on which arbitration rules to use, and in which place the arbitration shall take place. Mediation involves a similar kind of decision as with arbitration. Traditionally, national courts of the parties' places of business have been used as litigation forums in dispute resolution clauses but, recently, arbitration is being increasingly employed as an alternative dispute resolution method in international contracts. Moreover, there have been international efforts to utilize mediation as a dispute resolution method in international commercial issues. Rather than simply taking a dispute resolution clause provided in a sample written contract, parties to an international contract must carefully consider various relevant factors in order to insert a dispute resolution clause which will work well for a particular contract.

A Study on Suggestions for Activating Smart Contract - Focusing on Software Export Business (스마트계약의 활성화 방안에 관한 연구 - 소프트웨어 수출사업을 중심으로)

  • Whayoon Song
    • Korea Trade Review
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    • v.47 no.1
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    • pp.163-180
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    • 2022
  • The purpose of this study is to examine the extent to which smart contracts can be applied to the software export business and to find out the legislative issues to activate smart contracts. A smart contract is a computer program that automatically executes a contract when conditions are fulfilled. Smart contracts can play a pivotal role in the field that requires immediate execution of contract or in a highly standardized field with multiple parties involved. In the software export business, it is desirable to apply the smart contract partially rather than applying the smart contract to the entire process because various parties are involved and the process is very complicated. The business model of exporting packaged software, a completed software that is mainly licensed for use, rather than the business model of exporting customized software is suitable for using smart contracts because the project for implementing customized software is mainly focused in the development stage. When smart contracts are used in processes such as contract signing, payment, and project management, work efficiency can be increased. In addition, smart contracts can be used when conditions can be quantified, such as error penalties, in areas that previously required contracts with third parties such as banks, guarantors. In order for smart contracts to be actively used in practice, legal reviews on various issues are necessary including the legality of a smart contract and the validity as an electronic document of NFT (non-fungible token) certificate. Also, for the system stability preventing hacking, etc, the periodic verification or inspection by a third party is essential. To activate smart contracts in international transactions the international treaty regarding smart contracts is also necessary.

The Impacts of Personal Characteristics and Company-Related Characteristics on the Job Satisfaction of Dietitians Engaged in Contract Food Service Management Company (서울.경기지역 위탁급식전문업체 영양사의 직무만족에 영향을 미치는 개인 특성과 급식소 운영 특성 분석)

  • Choi Mi-Kyung;Kim Hee-Yeon;Shin Seo-Young;Yang Il-Sun
    • Korean Journal of Community Nutrition
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    • v.11 no.4
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    • pp.502-511
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    • 2006
  • The purposes of this study were to measure job satisfaction levels of dietitians engaged a in contract food service management company, and to examine the impacts of personal characteristics and organizational characteristics on the job satisfaction of dietitians. The questionnaires developed for this study were distributed to 230 dietitians of contract food service management companies in the Seoul and Gyeonggi areas, and a total of 187 (81.3%) questionnaires were used for analysis. Statistical analyses were completed using SPSS (Win 11.5) for descriptive analysis, correlation analysis, t-test and ANOVA. The average job satisfaction score of the dietitians was 2.83, which is lower than "not satisfied" and "not dissatisfied" (3), "Marital status" (p < 0.001), "payroll per year" (p < 0.001), "age" (p < 0.05) and "work experience as a dietitians" (p < 0.05) had significant effects on job satisfaction of work and environmental factors. "Operating group" (p < 0.05), "type of menu" and "type of service" also affected the job satisfaction. Overall, it is important that managers of contract food service management companies establish specified human resource management strategies with understandings of the characteristics of their dietitians and companies to enhance the job satisfaction of dietitians, and to achieve their managerial goals.

A Study on the Issues of Division of Costs - Focusing on Incoterms 2010 - (정형거래조건별 비용분담의 쟁점에 관한 연구 - Incoterms 2010을 중심으로 -)

  • PARK, Sung-Cheul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.75
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    • pp.49-69
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    • 2017
  • Making a international contract of sale is not a simple work. International Trade parties(seller and buyer) may choose trade terms such as FOB or CIF to simplify their contracts and avoid misunderstanding of international commercial practice. Incoterms is the international rules for the interpretation of the trade terms, and firstly regulated by the ICC in 1936. The latest version is Incoterms 2010. Incoterms 2010 governs certain responsibilities between the seller and the buyer under the international contract of sale. Moreover, Incoterms 2010 provides the standard of division of costs relating to contract of carriage. But we should note that Incoterms 2010 is not the part of contract of carriage. The writer points out that there is no consistence principle in distributing the special costs under the contract of carriage like unloading cost from the transport vehicle. To avoid the dispute between the parties, it is more safe for international traders to fully and completely understand on the customs and practice of carriage of goods. Incoterms 2010 provides more detailed method of delivery of goods than CISG and RAFTD. Concerning the method of delivery of goods, CISG and RAFTD simply provide that the seller shall place the goods at the discharge of buyers. The writer suggests the basic principles to allocate the special costs of delivery of goods according to the trade terms under Incoterms 2010.

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Influence of Customer, Foodservice Management and Competitor Environment on Quality of Customer's Life in Contract Foodservice (위탁급식 고객, 급식관리자 및 경쟁자 환경이 고객 삶의 질에 미치는 영향)

  • Lee, Jin Young;Han, Kyung Soo
    • Journal of the Korean Society of Food Culture
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    • v.30 no.5
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    • pp.629-643
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    • 2015
  • The goal of the current study was to analyze major factors for improvement of quality of life in contract foodservice customers. This study investigated how characteristics of customers, foodservice management, and competitors differ in different contract foodservice business environments in order to understand increasing concerns over health, in-house working, and the environment, which are directly connected to work and life satisfaction and company profits. For the foodservice business environment, this study classified environmental factors reported by Duncan (1972) into three factors: customer environment, foodservice management environment, and competitor environment. Multi-regression analysis was conducted on quality of life using the Korean version of the WHO Quality of Life Scale Abbreviated Version (WHOQOL-BREF). Sub-factors of the contract foodservice business environment included foodservice management environment, customer environment, and competitor environment in the order of importance. The results indicate that the foodservice management environment of the company or organization where the customer is employed has the most substantial influence on quality of customer life.

Improvement of Completeness Determination in Software Development Contract Disputes (소프트웨어 도급계약 분쟁에서 완성도 산출 방식의 한계와 문제점)

  • Kim, Si Yeol
    • Journal of Software Assessment and Valuation
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    • v.17 no.1
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    • pp.1-9
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    • 2021
  • In disputes involving contracts for work, most issues boil down a single, most crucial, underlying question: whether the agreed work was completed. The same applies to software development services, which are usually usually provided under contracts for work. In disputes arising from software development contracts, appraisal is commonly used to determine the completeness of the software in question. However, it is often difficult to ensure the objectivity of the appraisal. This study examines past cases involving the determination of software completeness to identify the method used in each case. Then, based on the findings, this study identifies issues requiring improvements to ensure objective determination of completeness.

Improvement of Contract Change Order System for the Fairness of Subcontracting in Public Construction Projects (공공건설공사의 하도급 거래 공정화를 위한 계약변경 제도개선 방향)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.5
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    • pp.3-10
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    • 2020
  • Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

A Study on Improvement of Contract Regulations for Adjusting Contract Amount in Public Construction - Focused on examples of price fluctuation classification - (공공건설 계약금액 조정의 계약예규 개선방안 연구 - 물가변동 분류 사례 중심으로 -)

  • Lee, Wonjei;Shin, Manjoong
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.4
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    • pp.82-89
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    • 2020
  • Article 64 of the Enforcement Decree of the National Contract Act The requirement of the pre-amendment statute related to the adjustment of the contract price was 5% or more of the price fluctuation rate from the date of the contract. However, the meeting requirement was changed from 5% or more to 3% or more from the date of signing of the Presidential Decree No. 19035 to 2005. 9. 8. The method of adjusting the contract amount was also changed to determine the contractor's desired adjustment method at the time of contract. Alleviating these requirements and revising the empowerment of contract partners is intended to prevent difficulties in achieving smooth objectives by applying to public construction contractors without unfairly benefiting or unfavorable to contract partners. Even if the standards are relaxed and the rights are secured as described above, if the existing provisions for the adjustment of price fluctuation are applied, unlike the original purpose of the government system, the Korea Bank's price economic statistics classification method and the contract construction classification criteria applied in public construction work Due to the inconsistency, it can be seen that the amount of adjustment for price fluctuation by construction type is excessive and underestimated. Therefore, the purpose of this study is to analyze problems through cases and to make appropriate construction cost adjustment through improvement measures.