• 한국경영과학회지
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• 제30권2호
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• pp.105-115
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• 2005

By committing to a long-term replenishment contract, buyers can purchase a product at a lower price from a supplier who is less pressured to find new customers due to the long-term contract and can charge a discounted price. We develop an analytical model from the buyer's perspective to investigate a capacity reservation contract. We are considering the system with a single supplier and a buyer. The buyer can purchases any desired amount from a spot market at a higher price in addition to the contracted amount. For such a system, we propose an algorithm to derive the optimal contract terms. The result of computational experiments shows that the algorithm finds the global optimum solution in a resonable amount of time.

• 한국경영과학회지
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• 제28권4호
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• pp.115-129
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• 2003

This paper suggests that the profit sharing contract can be Pareto optimal for both supplier and the purchaser. It is shown that Pareto optimal risk sharing contract can be obtained even though the decisions are made in a decentralized manner. The effect of risk attitude of the members of the supply chain is discussed. We examined various aspects of the risk sharing contract such as risk altitude, bargaining power, and cost of information system. The different risk attitude changes the optimal parameters and decision variables. Especially, we proved that, when both the supplier and the purchaser are risk averse, the purchaser orders less quantity than when the one is risk neutral and the other is risk averse. If the fixed cost for the information system is big enough to satisfy a certain condition, it is Pareto optimal not to share the profit and the purchaser takes all the risk even though he is risk averse.

• 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.

• 무역상무연구
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• 제50권
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• pp.3-25
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• 2011

The purpose of this paper is to examine the use of LD Clause against the seller's breach of contract in connection with delivering the goods in the international sales contract, and international guarantee system using standby L/C or demand guarantee. For this purpose, the author, first, considered the outline of the buyer's remedies in cases that the seller had not performed his obligations in contract and the difficulties in the buyer's remedies. As alternatives for overcoming the difficulties, this author recommended the LD Clauses (Liquidated Damage Clauses) based on ICC Model International Sales Contract, and explained each Model Clause. To enhance the feasibility of LD Clause, this author suggested the guarantee system, like the standby L/C or demand guarantee. But these guarantee systems have several limitations in practical use. Thus, these guarantee systems would greatly contribute to Korean exportation in the future. The reason is that the Korean export structure would be more complex and the period of sales contract would be longer and longer, which result to in long-terms supply contracts. These changes would require the guarantee much urgently.

• 무역학회지
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• 제45권1호
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• pp.221-239
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• 2020

Among various export contracts, the contents of contracts are very important. Various companies make use of this method. [Which method are you talking about?] However, the Korean law system has an insufficient understanding of the international legal system. This paper looks into the conditions related to contracts in relation to the legal system. This paper analyzes not only the Korean civil law system about illegality of contracts but also makes a comparison with other international systems, such as the UNIDROIT Principles. Especially, the Korean civil law system about the illegality of contracts is comparable with the UNIDROIT Principles system about illegality of contracts. The purpose of this paper is to examine the revitalization of Illegality of Contract. This paper also deals with improvement of International Commercial Activation. Thus, this paper will offer directions to International Trade Practitioners. There is disagreement regarding methods of action related to international trade practice. Especially, this study is good for commercial parties, especially overseas sales people.

• 보건행정학회지
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• 제19권1호
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• pp.1-30
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• 2009

Korean medical fee contract system between the insurer and healthproviders was introduced in 2000. However, a continuous discord among contracting parties concerned and an irrational operation of an arbitration committee of Ministry for Health, Welfare and Family Affairs (MIHWAF) have made it difficult for them to reach to an agreement over last 8 years. The purpose of this study is to observe the current problems of contract system from the view of health insurance law and actual examples. Furthermore, I examined the of breakdown of negotiation by analyzing the eligibility of contracting parties, rationality of Resource Based Relative Value System (RBRVS) and contracting method and fairness of arbitration method in case of negotiation rupture. The results were as follows: First, since the introduction of medical fee contract system, there has been a problem in that both the president of National Health Insurance Corporation (NHIC) and health care provider association have not held strong negotiation power. Second, the frequent changes and notifications of Relative Value Units (RVUs) without any mutual consent between the insurer and provider association negatively have influenced the conversion factors and finally hindered the agreement of contract. Third, a current process that the conversion factors are mediated and determined at the arbitration committee of MIHWAF in the case of contract breakdown between contracting parties has some flaw in that the irrational composition of committee provoked the lack of fairness and objectivity of mediation. Fourth, we can not prospect a satisfactory outcome of arbitration committee because the mediation always has failed to proceed smoothly due to boycott of both committee members from insurer and providers over last 8 years. As a result, we have to make an every effort to resolve problems mentioned above and then dream of an advanced national health insurance system.

• 한국경영과학회:학술대회논문집
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• 한국경영과학회 2003년도 추계학술대회 및 정기총회
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• pp.334-337
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• 2003

In this paper we presents a centralized model for a long-term replenishment contract model in the supply chain system. We assume ARIMA demand process for reflecting more realistic demand data and present a solution which minimizes total system cost of the contract model between single supplier and buyer under centralized system. From the result of experiments we can observe that the proposed model generate better result than the decentralized model.

• 한국식품조리과학회지
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• 제20권3호
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• pp.247-255
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• 2004

The foodservice industry is changing more and more from on-site foodservice management to contract foodservice management. However there are differences according to the level of management and operation of contract foodservice management company (CFMC). The necessity of certification on CFMC is increasing to enable fair discrimination of CFMC among most clients that want to contract with CFMC. This study was performed to identify the foodservice operation evaluation model's criteria items for certifying CFMC. The analysis research methods included literature review, content analysis, individual interview, Delphi technique, and brain storming. First, the following infrastructure items were prepared in the contractor's viewpoint: procurement, transparency of operation, menu development and operation system, nutrition service system, professional employee education, sanitation andsafety management system, customer satisfaction system, facility system, management information system (MIS), business and economics. Second, the evaluation criteria required by the contractor on the client's view point was similar to school foodservice, hospitalfoodservice, and business andindustry foodservice except extraordinary items of field. Third, evaluation criteria and detail categories and items were identified such as financial focus, customer focus, process focus, human focus, and renewal and development by grafting on intellectual capital evaluation methodology for CFMC.

• 무역상무연구
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• 제42권
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• pp.33-66
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• 2009

Common law makes a distinction between partial breach and material breach. Attempted definitions of material breach are notoriously unsatisfactory, and the concept of partial breach does not necessarily bear an inverse relationship to substantial performance. This study will review the basic structure of common law contract remedies together with how these remedies are reflected in UCC Article 2 for sale of goods contracts. The matter is complicated because availability of remedy depends on the seriousness of the breach, and the right to cure, and (for sale of goods) these in turn depend on whether the contract is an installment contract or a single performance contract. Common law jurisdictions relegate specific performance of contracts to a last place in the hierarchy of contract remedies. Common law lawyers should recognize that this is the result of historical accident and not the product of some kind of superior intellectual effort. Not only is the attitude of civil law systems toward specific performance quite different, but for international sales contracts in developing nations, a remedy system based on the notion that substitute contracts are readily available(and therefore damage remedies are appropriate) is unrealistic. English common law courts were largely restricted to remedies in the form of monetary damages. For that reason the primary contract remedy at common law has never been specific performance. Rather, common law courts have struggled to develop an appropriate measure of monetary damages for breach of contract. Today, specific performance is viewed as an equitable remedy rather than common law. In the United States the dual court system has been abolished by a merger of law and equity courts into a single court structure. However some historical distinction linger on. The most important is that jury trials are generally not available in actions that seek equitable relief. If a plaintiff seeks in personam relief, such as specific performance of a contract, the action will be viewed as equitable and there will be no entitlement to a jury. Further, equitable relief will be granted only in those situations where the plaintiff pleads and proves that the remedy at law is inadequate. The purpose of this study aims to analyze the remedy system of breach of contract of U.K. and U.S. in the international commercial transactions with criterion of commercial rationality.

• 전자공학회논문지A
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• 제31A권1호
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• pp.17-25
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• 1994

We analyze risks andd present the requirements of digital multisignature in electronic contract systems where several persons contract a digital document electronically. We also apply a few digital multisignature schemes that have been developed so far, to the electronic contract system and propose a new digital multisignature scheme based on the Fiat-Shamir scheme. We investigate how these schemes satisfy with the requirements and evaluate their efficiency in terms of processing speed. communication complexity, and message length Owing to the high processing speed and the high degree of satisfaction to the requirements, the proposed scheme is suitable for electronic contract systems.