• 대한가정학회지
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• 제36권5호
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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.

• 한국전자거래학회지
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• 제6권1호
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• pp.1-16
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• 2001

This paper describes a preliminary investigation of contracts with a view towards automating the process of contract match-making. A novel approach based on exploiting Standard Form Contracts(SFC) is described. The approach is shown to be implementable with current technology. A second approach based on Standard Contract Clauses(SCC) which overcomes some of the limitations of Standard Form Contracts, is briefly outlined. The flexibility offered by this approach however, is accompanied by a considerable increase in the complexity of contract match-making. Both Standard Form Contracts and Standard Contract Clauses based match-making point towards an exciting area of future research.

• 한국경제지리학회지
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• 제19권4호
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• pp.712-728
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• 2016

본 연구는 충청남도 부여군 수박 농가와 대형마트 간 계약생산을 대상으로, 계약생산의 성립배경과 계약기업의 수직적 조정의 정도 그리고 이와 관련하여 나타나는 토지이용의 특징을 고찰하였다. 사례 계약생산은 생산자 단체 주도의 계약생산으로서, 기업의 역할이 신품종 수박의 품종 지정으로 제한됨에 따라 기업의 수직적 조정의 정도가 낮은 구매계약으로 유형화된다. 따라서 계약농가는 계약에 대한 진입과 탈퇴가 자유롭고, 나아가 복수의 거래처와 계약을 맺는 현상이 일반화되고 있다. 또한 계약농가들은 기존 윤작체계에 계약품종을 결합하는 방식으로 계약생산에 참여하고 있는데, 이 과정에서 역내 계약품종의 확산에 의한 수박 농업의 다각화가 나타나고 있다.

• 대한안전경영과학회지
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• 제13권2호
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• pp.259-266
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• 2011

Project owner, asbestos removal specialist, experts on asbestos removal work, as counter parts to be defined in the study to make out research goals have been asked with questionnaire survey and replied with 65, 275, 32 cases, respectively. And additionally, direct interview 73 sheets have been collected to find out current status of required engineers and equipments assigned and provided to the field, from them, three(3) concerned parties. Questionnaire subjects are composed of common items, reasonable unit cost, need of separate contract-awarding system, status of performing standard contract, status of providing legal engineers and equipments. Concentrated review of two~three questions by subject has been made to find out and compare idea results between three(3) concerned parties. First, legal and practical work status survey have been made to determine reasonability of introducing separate contract-awarding system, as a part of ensuring reasonable unit work cost. And then, two different status have been compared and there is introduction possibility of separate contract-awarding system, it is found out. The possibility of separate contract also has been confirmed by comparison of domestic legal grounds. Justificating grounds to introduce separate contract-awarding system have been shown. Standard contract status between asbestos removal specialists has been compared using two cases of providing removal work contract and receiving it. It is shown that case of 50 percent or less contains 38.5% when they receive contract, but only 10 percent reduction of original contract amount has been made when they provide it. It means that asbestos removal specialists do not keep occupational safety and health regulations.

• 무역상무연구
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• 제69권
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• pp.107-126
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• 2016

The parties in International Sale of Goods including Korean Firms Should note ; The buyer must pay the price for the goods and take delivery of them as required by the contract and CISG. The obligations mentioned in Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. The buyer's obligation to pay the price includes taking such steps and complying with such formalities as may be required under the contract or any laws and regulations to enable payment to be made. International sales contracts frequently prescribe that the buyer has to act in advance, that is before the seller starts the process of delivery. Such acts may be either advance payments or the procurement of securities for payment as letters of credit guarantees. On the other hand, The seller deliver the goods hand over any documents relating to them and transfer the property in the goods, as required by the contract and CISG. The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. Except where the parties have agreed otherwise, the goods do not conform with the contract unless they are fit for the purposes for which goods of the same description would ordinarily be used are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement. The buyer may declare the contract avoided if the failure by the seller to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract. The seller may declare the contract avoided if the failure by the buyer to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract.

• 한국안전학회지
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• 제30권3호
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• pp.85-92
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• 2015

This study examined the effects of employers' breach of safety obligation and violation of psychological contract on the workers' safety behaviors and turnover intention. Especially, this study examined a mediating effect of violation of psychological contract on the relationship between employer's breach of safety obligation and workers' safety behavior and turnover. 198 workers were asked to respond to the questionnaires that measured various demographic variables, employers' breach of safety obligation, violation of psychological contract, safety behavior, turnover intention. A hierarchical regression was conducted to identify variables that had significant relationships between employers' breach of safety obligation and employees' safety behavior and turnover intention, and to examine the mediating effect of violation of psychological contract. Results indicated that the employers' breach of safety obligation significantly predicted both workers' safety behaviors and turnover intention. It was also found that the violation of psychological contract was a significant predictor for both workers' safety behavior and turnover intention. In addition, violation of psychological contract was found as mediating effect on the relationship between employers' breach of safety obligation and workers' safety behavior and turnover intention. Based on these results, the implications of this study and suggestions for future research were discussed.

• 무역상무연구
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• 제12권
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• pp.39-64
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• 1999

Under the CISG, there is a unequitable factor in comparing buyer's remedy with seller's remedy. In my opinion, CISG is more unequitable remedy clause than UCC or UNIDROIT principle of International Commercial Contract(1994) between seller and buyer. First, buyer who accepted defect goods must give seller notice the facts that seller delivered defect goods in two years after accepting defect goods. The cap of two year is unreasonable in a position of aggrieved buyer. This is being provided as 'within reasonable time' in UCC and there is no such provision in UNIDROIT Principle. Second, Buyer can avoid contract when seller breached fundamentally contract or seller didn't set a additional performance period about breaching of contract. Accordingly if buyer would not set a additional performance period, although seller's breachment of contract, he could not avoid the contract. Therefore, From a viewpoint of aggrieved buyer avoidable right of contract is restrainted. Third, to compare seller's remedy with buyer's, seller have more opportunity to cure breachment of contract than buyer. Under the CISG buyer is relatively placed at disadvantage in remedy of aggrieved party. In connection with remedy of aggrieved party, 'UNIDROIT principle of international commercial contracts' instead seller and buyer of aggrieved party, so there is not unequitable factor in remedy of aggrieved parties.

• 무역상무연구
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• 제18권
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• pp.189-218
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• 2002

The EPC/Turnkey Contract goes to the extreme in allocating risks to the contractor and depending on the types of project, this may be regarded as unacceptable. It has also gone to the extreme in the extent to which the contractor is responsible for the specification and design of the Works. The employer is not responsible for correctness of any information provided by him nor for correctness of any specification or other matter included in the Employer's Requirements, except the definition of the intended purpose and criteria for testing and performance. With such conditions it is surprising that the employer is entitled to interfere in the contractors performance to an extent that is close to what is norm for a construction contract with employer design and with normal risk allocation. The combination of risk allocation and inappropriate administrative provisions makes the EPC/Turnkey Contract a document that will meet severe resistance from contractors. It is also likely that employers will see the risks and difficulties from their own perspective. It is a fiction that the EPC/Turnkey Contract will give the employer a contact with a certainty of final price and completion date. It is not a fiction that the EPC/Turnkey Contract carries many seeds for disputes between the parties. The Orange Book has become an accepted document even if it clearly contains some weaknesses. Some of these have been corrected in the Plant Contract. In my opinion FIDIC should let users become more familiar with the Plant Contract as a follow up to the Orange Book.

• 무역상무연구
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• 제64권
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• pp.155-185
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• 2014

Liability for the manufacture or supply of defective products can arise in two principle ways, in tort and in contract. English law has long regarded shipbuilding contract as agreement for the sale and purchase of goods. The consequence of which is that unless the Buyer and Builder agree otherwise, terms will automatically be implied into the contract between them as to the quality and performance of the completed vessel. The same principle applies to sub-contracts allied to the shipbuilding contract. On the other hand, one case decisions established that ".... a contract to build a ship, though a contract of sale of goods, has also some characteristics of a building contract", Recently the liability of a manufacturer in tort for physical damage i.e. personal injury and damage to property other than alleged to be defective is now well settled in most countries. Accordingly the Builder may face third party claims in tort more regularly than they have in the past, if the statutory implied terms have not been expressly excluded in contract. In such circumstances, it is necessary for the Builder to be prepared with counter measures to secure the stability of the vessel from its design development, building process, delivery and operation etc. The purpose of this paper is, from the case of "MSC Carla", to review product liability, jurisdiction and the initial date of extinctive prescription, then to suggest counter measures to the Builder.

• 한국건설관리학회:학술대회논문집
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• 한국건설관리학회 2007년도 정기학술발표대회 논문집
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• pp.662-665
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• 2007

CM, EPC, PM 등과 같은 현재 국제적으로 많이 통용되고 있는 계약 방식들이 건설산업에 존재한다. 이러한 국제적인 건설계약 방식들을 도모하고자 중국 정부의 건설부는 2004년 새로운 건설계약법을 실행하였다. 이로 인해 중국내에서도 다양한 선진 건설계약 방식이 도입되고 있다. 한국은 중국과 비교하였을 때 실질적인 건설공사에 이러한 선진 계약방식을 도입함으로써 건설산업의 성장의 가속화를 이룩하였다. 이에 본 연구에서는 중국과 한국의 건설산업 및 계약방식 등을 비교함으로써 양국 건설산업의 차이점을 분석하고자 한다.