• Journal of Nutrition and Health
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• 제37권5호
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• pp.406-414
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• 2004

The purposes of this study were 1) to investigate the importance level on factors affecting the foodservice management contract perceived by the clients in the office building, government and public offices and manufacturing company in Seoul and Kyungi 2) to compare the perceived importance levels of the present contract and future contract 3) to compare the perceived importance levels of the competitive bid with those of the private contract. To collect the data on the perceived importance level on the affecting the foodservice management contract, the questionnaires were developed by the delphi technique and modified by the pilot test. The questionnaires consisted of 4 categories and 19 items on the factors affecting the foodservice management contract and the importance level on the factors were measured by 5-likert scale. From March 12 to April 13 in 2003, the self-administrative questionnaires were mailed to 280 clients. The questionnaires were responded from the 50 clients (respondent rate: 25％). On the factors affecting the present contract and the future contract, among the 4 categories (the appropriateness of foodservice operation plan, the evaluation of the foodservice company, sales ability, the conditions of the cost in the contract), the importance level of the appropriateness of foodservice operation plan was higher than those of the other categories. In the comparison of the perceived importance level between the present contract and the future contract, the importance level of 4 items (sanitation and safety management plan, menu management plan, service management plan, food cost per meal) in the future contract were significantly higher than those in the present contract (p＜.01, p＜.05, p＜.05, p＜.01). There were the significant differences between the private contract and competitive bid on the factors affecting the present contract in the 3 items, which were $\ulcorner$renewal plan for interior and environment$\lrcorner$, $\ulcorner$strategic alliance with the contractor$\lrcorner$, $\ulcorner$lobby of the foodservice company$\lrcorner$ (p＜.05, p＜.05, p＜.05). And on the factors affecting the future contract, there were significant differences in the 2 items, which were $\ulcorner$renewal plan for interior and environment$\lrcorner$and $\ulcorner$cost per meal$\lrcorner$in comparing the competitive bid and private contract (p＜.05, p＜.01). The clients perceived the appropriateness of foodservice operation plan was more important than the other categories in the future foodservice management contract. It was proposed that the foodservice management contract company should focus on the foodservice operation to satisfy the customers and clients in order to get more contract in the future.

• 한국국방경영분석학회지
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• 제34권3호
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• pp.13-29
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• 2008

본 연구의 목적은 방위력개선사업으로 획득하는 국내 무기체계류중 대형 장기사업에 대한 사업추진단계별 계약형태 및 계약종류의 모델을 제시하는 것이다. 계약체결 요구시 계약관은 반복적으로 일괄계약, 분리계약 등을 검토한 후 계약형태 및 계약종류를 결정한다. 본 논문에서 제안된 모델 구성을 위해 선행 연구논문, 방위사업청 및 한국국방연구원 등에서 발행한 보고서, 계약에 관한 법령 및 각종자료를 활용하였고, 구)조달본부와 방위사업청에서 체결한 계약현황 분석 및 방산업체 의견을 수렴하였다.

• 한국중재학회지:중재연구
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• 제19권2호
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• pp.49-72
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• 2009

Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

• 통상정보연구
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• 제5권2호
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• pp.207-225
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• 2003

The purpose of this study is to examine the legal aspects on the formation of international contract in electronic commerce. The findings could be summarized as follows. rug, the contract doctrine of the contract formation by electronic data message, time of dispatch and receipt of data message, error in electronic communication, contract form and electronic signature could be supported or protected by the existing contract doctrine. Second, In relation to the contract formation arranged by electronic agents, the established contract doctrine provides no clear answer to the question whether changes provided by the interaction of electronic agents are enforceable. The enforceability question is left to future legislation. Finally, It is necessary that a significant level of formality together with the disclosure on the contract formality by certain act be conveyed 10 a potential buyer so that the buyer is impressed that the contact by the certain act could be valid.

• 무역상무연구
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• 제54권
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• pp.189-209
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• 2012

This Work intends to study on some issues of business and law in relation to Contract for Turnkey Base System. The continuing advance of export system of the plant with the importance for efficient and effective management emphasizes the need for business and legal approach to uniform international model contract. ICC Model Contract for Turnkey Supply of Industrial Plant by ICC covers a particular category of turnkey contract, i.e. contracts for the supply of a plant or production line to be erected within facilities which already exist or which are constructed by the purchaser. Furthermore, the application of the ICC Model Contract for Turnkey Supply of Industrial Plant leaves much to be desired from a business and legal point of view. Therefore, there would appear to be room for compromise between the supplier and purchaser in respect to make a contact for Turnkey supply of industrial plant.

• 무역상무연구
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• 제23권
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• pp.93-127
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• 2004

A contract is made when both parties have reached agreement, or they are deemed to have. After contract the law recognizes rights and obligations arising from the agreement. In order to discover whether agreement was reached between these two parties, we have to analyse the process of negotiation. Recently The People's Republic of China legislated a New Contract Law, which has come into effect since 1st of October 1999. This Law adapts the rules of United Nations(Vienna) Convention on Contracts for the International Sale of Goods and the Unidroit Principles for International Commercial Contracts. And this law is now widely enforced to commercial transactions between individuals, enterprises or other economic organizations of the People's Republic of China and foreign enterprises. Therefore, the foreigner who wish to make a sales contract with Chinese should understand the rules of New Contract Law of China. According to this New Law only a contract which contain offer and acceptance is valid and binding, and it is also pointed out that terms of contact must be certain. Though an oral contract is usually equivalent to a written one, in a case of commercial transactions written contract with signature is desirable. The purpose of this paper is to analyze the new rules of this Law and the new features of their application to commercial transactions in China.

• 대한영양사협회학술지
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• 제11권4호
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• pp.381-392
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• 2005

This study compared he importance of food service, views to the performance, management objectives, and recognition gap about the contract contents towards the dietetic departments of hospitals that manage the patients' food service and managers of contract managed companies, and dieticians. It conducted questionnaires and survey towards the vice director and dieticians of 17 hospitals, over 500 beds, and the persons responsible for contract managed companies and dietitians who were in charge of food service. The hospitals showed significantly(p<0.05) higher the importance scores in menu planning, the distribution of meal, sanitation management, and leadership than those of the contract managed companies. In the difference of hospitals and contract managed companies about performance, it appeared high in the contract managed companies. In the importance of the foodservice management objective, the hospital had significantly(p<0.05) higher scores in the management of client's satisfaction and quality improvement element through management innovation than those of the contract managed companies. In the importance of contract term, the contract method, expense, and payment condition of commission fee were significantly(p<0.05) high scores in the contract managed companies, compared to the hospital.

• 산경연구논집
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• 제13권3호
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• pp.1-12
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• 2022

Purpose: The revenue sharing contract has been widely used in industries, and its ability to coordinate the supply chain system has been studied by numerous researchers. By reviewing the representative studies on the revenue sharing contract, this study intends to analyze the key features of this coordinating contract and identify its potential to be a more advanced coordination program than the original contract. Research design, data, and methodology: This study reviews past studies on the revenue sharing contract. The selected studies are investigated with a focus on how this contract is described to realize the supply chain coordination and the key issues that they address. Results: The literature review reveals that the revenue sharing contract requires standardized details about what and how to share. This study also finds additional issues that need to be addressed by researchers to improve this coordinating contract. Conclusions: Future researchers are advised to unify the detailed contents of the revenue sharing contract to confirm that it successfully coordinates the supply chain system. In addition, this study proposes key research issues that would enhance the role of revenue sharing contract as a supply chain coordination program.

• 무역상무연구
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• 제41권
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• pp.3-21
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• 2009

To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

• 무역상무연구
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• 제66권
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• pp.47-73
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• 2015

This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.