• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.63
• /
• pp.63-88
• /
• 2014

The culpa in contrahendo is a doctrine that "damages should be recoverable against the party whose blameworthy conduct during negotiations for a contract brought about its invalidity or prevented its perfection". In China, Chinese Civil law gradually adopted Culpa in Contrahendo under the former 'economic contract law' and the 'general rules of the civil law', then the legal system of culpa in contrahendo was formally established under Contract Law of the People's Republic of China(CLPRC) in 1999. To put it concretely, Art. 42, 43, 58 of the Chinese Civil Law expressly establishes a culpa in contrahendo liability derived from a principle of good faith governing pre-contractual negotiations. however, in general, culpa in contrahendo has been recognized a independent legal liability as distinct from contractual default liability and torts liability. This article provides a general description of the characteristics of culpa in contrahendo under Chinese Contract Law, and both theoretical issues that have arisen in Chinese academics and relevant important precedent in Chinese Courts. This article also analyzed trend of judgment on precedents that the Supreme Peoples's Court of the PRC applied culpa in contrahendo.

• Journal of Digital Convergence
• /
• v.6 no.1
• /
• pp.11-19
• /
• 2008

The Bidding System of the public IT project in Korea is fallen behind, because of the ordering habitual practice based old system, overcompetition based sealed bid and subcontract practice. To innovate this old-fashioned practice for public IT project bidding, this paper wants to generate a proper improvement direction of the public IT project contract law and the related policy through the literature review about the ordering and receiving system in Korea, the practical survey about bidding marketplace in Korea, and competition between bidding system and/or policy of major countries: USA, UK, France and Japan. As a result of practical survey, many problems of the current public IT project bidding system came out and improvement ideas toward future situation turned up. These outputs implicate that the current law and system related public IT project demands better improvement work for the future ubiquitous Korea. Therefore, this paper, to solve these problems about bidding systems and practice, propose the new public IT project contract law and the related policy, reflecting these improvement ideas by the practical survey and the literature review, and benchmarking points from bidding system of other countries.

• The Transactions of the Korean Institute of Electrical Engineers D
• /
• v.54 no.10
• /
• pp.620-629
• /
• 2005

In this paper, a new protocol-based approach was proposed for development of a ubiquitous vision system. It is possible to apply the approach by regarding the ubiquitous vision system as a multiagent system. Thus, each vision sensor can be regarded as an agent (vision agent). Each vision agent independently performs exact segmentation for a target by color and motion information, visual tracking for multiple targets in real-time, and location estimation by a simple perspective transform. Matching problem for the identity of a target during handover between vision agents is solved by the Identified Contract Net (ICN) protocol implemented for the protocol-based approach. The protocol-based approach by the ICN protocol is independent of the number of vision agents and moreover the approach doesn't need calibration and overlapped region between vision agents. Therefore, the ICN protocol raises speed, scalability, and modularity of the system. The protocol-based approach was successfully applied for our ubiquitous vision system and operated well through several experiments.

• Journal of the Korea Institute of Information and Communication Engineering
• /
• v.24 no.6
• /
• pp.786-794
• /
• 2020

For systematic pet management, the pet registration system has established. It makes the owner of the pet is given greater responsibility through the pet registration system but it also provided with welfare. One of the advantages of the pet registration system is that prepare system what return to owner quickly and safety through information inquiry when the pets are lost. But there are some conflict with the law in the information inquiry, so it occurs interfere the system. In this paper, we propose using the Smart Contract to finding the missing animal effectively. Proposed method discloses only the partially information. Thus it will be eliminated conflict parts, and increases the information accessibility to increase the number of people who can inquiry information. In addition, keeping the RFID inquired feature for compatible with the existing system. The smart contract querying enables quickly and precision access to information. Lastly, compare the proposed method with existing method to see the improvement.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.20
• /
• pp.63-82
• /
• 2003

The time of examination of buyer in international sales contract is very significant, because the time is related with the period of claim in buyer's aspect. From the legal point of view, the time of delivery, the time of examination and the time of quality decision should be in accord. But the buyer, whose main place of business is located in importing country, wants to examine the goods in his own country. Therefore in CIF or FOB Contract, the place of delivery and the place of examination are divided. Thus the CISG, the Common Law System and the Civil Law System including Korean Law stipulate the buyer's examination at the destination if the sales contract involves carriage of the goods. This author, from the buyer's perspective, would like to make the following suggestions in regard to the time of examination when the sales contract is made. First, the time of examination and the time of quality decision should be in accord, even though the time of delivery is different. Second, the buyer should clearly indicate the time, the place, the inspector, the particulars and the burden of proof in regard to examination when contracting. Third, the buyer should also clearly indicate the period of notice for the lack of conformity in Claim Clause of sales contract, which should be counted from the time of examination. Fourth, the buyer should remember that he many lose the right to rely on the lack of conformity of the goods if he does not give the seller notice thereof within the stipulated time or reasonable time. Finally, if the buyer wants, to examine the goods at the place of shipment, it is desirable for the buyer to designate internationally recognized inspection organization like SGS.

• Journal of the Korean Institute of Navigation
• /
• v.18 no.2
• /
• pp.129-149
• /
• 1994

Sea casualties may happen in ship, cargo and the others concerned with sea transportation. : the shipo-wer, marine insurer and salvage company have been endeavored to compensate salvage award with some rule and regulation such as Marine Insurance Act, York Antwerp Rules and Average adjustment rules. Once sea casualties happened, the salvage contract is established between the owners, marine insurance and salvage company, the contract are divided into so many kinds of them. In this paper, we have an analysis on the character of the salvage contract whether the characteristic contents of them are in benefit to any party or not. In this connection with these positive or negative character of the contract, it is worthwhile to compare the actual salvage expenses contract with no cure no pay contract. LOF 1990 has been revised recently, which is based on no cure no pay, expecially, the special compensation, safety net clause of LOF 1990 could be understood in the view of the prevention of sea pollution and the preservation of sea circumstances in the world. Salvage has the complicated and quality, because the adjustment of almost salvage charges have been treated through the other sea casualties which is accompanied by and mixed with. Besides of the importance of salvage contracts, we are in need to understand that what the diversified character of salvage charges are. Furthermore the owners should carefully select the insured conditions on Hull Insurance according to the type of his company, operating ocean route, loading cargo and etc. In this paper, we would try to analyze the character of the salvage award such as General Average, Sue and Labour Charges and Particular charges. We would like to propose that the uniformed system of the salvage award. Compensation should be built up for the effective and efficient salvage operation and for reducing the claims and conflicts from the concerned parties. To this end, we could expect that the uniformed system for salvage award compensation will come to be the benefit of all owners, insurers, salvage company.

• Journal of Nutrition and Health
• /
• v.38 no.2
• /
• pp.180-189
• /
• 2005

The purposes of this study were 1) to analyze the effect of the ERP quality (system quality, information quality, service quality) on the performance (end user satisfaction, user's performance, system utilization) of business, 2) to conduct the causal-effect analysis between outcome variables (user's satisfaction, user's performance, system utilization) of ERP in the contract foodservice management company. The questionnaires were distributed to 260 end users (dietitians, foodservice management managers) in charge of managing the institutional foodservice such as the office (government agencies, factories), schools (universities, middle and high school) and hospitals which were managed by contract foodservice management company 'C' in Seoul and Kyunggi. The surveys were performed from July 26, 2004 to July 30. 2004. Two hundred and fifty (250) questionnaires were responded (response rate: 96.2%). The statistical analysis was conducted using SPSS Win (11.5). And the descriptive analysis, factor analysis, reliability test, pearson correlation, simple and multiple regression analysis were performed. The results showed that among the 3 factors (system quality, information quality, service quality), the system quality and information quality were proved to have an effect on the user's satisfaction and user's performance significantly (p < .05). The influence of ERP quality (system quality, information quality, service quality) on system utilization were testified to be statistically significant (p < .05). The user's performance were affected significantly by system utilization (p < 0.001) and end user's satisfaction (p < 0.001). As a conclusion, to improve user satisfaction, which is the ultimate performance variable of an ERP system, high quality of an ERP system is the pre-requisite. And the user satisfaction and performance of business would be higher with the better quality ERP system. When constructing ERP system for the contract foodservice management company, we should improve system utilization and user satisfaction altogether so that user's performance could be ultimately enhanced and we should make efforts to enhance the quality level of ERP. (Korean J Nutrition 38(2): 180～189, 2005)

• Korean Journal of Construction Engineering and Management
• /
• v.13 no.3
• /
• pp.122-130
• /
• 2012

Currently, TK(Turn-key) projects have been implemented, the projects on TK basis still have shown several problems rather than its own merits as a bidding method. Increasing the number of claims being occurred during construction process of the projects is reality because of unclear notice of tender documents and conditions of the contract, design review system, and decision process of the qualified bidder. To establish desirable TK projects in domestic market, not only should resonable alternatives for carrying out design review system and selecting the bid winner be set up, but also proper standards for reforming irrational system of contract, bid, and notice of tender related to TK projects. This study is intended to reduce the number of claims and implement efficient projects of apartment construction on TK basis by identifying potential problems through analysis of claim examples of TK projects which have difficulties of revising contract agreement such as drawings and suggesting improvement methods for contract conditions and notice of tender docuements.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.27 no.7
• /
• pp.1038-1043
• /
• 2021

Guaranteed seafarer wage payment is essential to ensure a stable supply of seafarers. However, disputes over non-payment of wages to seafarers often occur. In this study, an automatic wage payment system was designed using a blockchain-based smart contract to resolve the problem of seafarers' wage arrears. The designed system consists of an information register, a matching processing unit, a review rating management unit, and wage remittance before deploying smart contracts. The matching process was designed to send an automatic notification to seafarers and shipowners if the sum of the weight of the four variables, namely wages, ship type/fishery, position, and license, exceeded a pre-defined threshold. In addition, a review rating management system, based on a combination of mean and median, was presented to serve as a medium to mutually fulfill the normal working conditions. The smart contract automatically fulfills the labor contract between the parties without an intermediary. This system will naturally resolve problems such as fraudulent advance payment to seafarers, embezzlement by unregistered employment agencies, overdue wages, and forgery of seafarers' books. If this system design is commercialized and institutionally activated, it is expected that stable wages will be guaranteed to seafarers, and in turn, the difficulties in human resources supply will be solved. We plan to test it in a local environment for further developing this system.

• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.28 no.4
• /
• pp.999-1007
• /
• 2018

To implement crowdsensing system in reality, trustiness between service provider server and user is necessary. Service provider server could manipulate the evaluation of sensing data to reduce incentive. Moreover, user could send a fake sensing data to get unjust incentive. In this paper, we adopt private blockchain on crowdsensing system, and thus paid incentives and sent data are unmodifiablely recorded. It makes server and users act as watcher of each others. Through adopting smart contract, our system automates sensing data evaluation and opens to users how it works. Finally, we show the feasibility of proposing system with performance evaluation and comparison with other systems.