• Korea Trade Review
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• v.42 no.5
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• pp.19-42
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• 2017

Nowaday typically international commercial transaction, buyer and seller communicate with each other using standard forms. So called "the battle of forms" results from the exchanges of these forms. There are several problems that have to be solved in the battle of the forms. For example, Do the exchanges of the different terms form a contract? What are the contract terms? Which party's terms could apply? etc. Around the world, two basic types of rules are applied to solve the problem as to the battle of forms : last-shot rule and knock-out rule. In 2015, Hague Conference in Private International Law finally approved Hague Principles. The principles deal with the battle of the forms. Also in 2013, CISG Advisory Council adopted the "Black letter rules" to provide an effective way of resolving regarding the inclusion of standard terms under the CISG. This study would try to comprehensively review the battle of forms concerning Hague Principles and CISG. The aim of this study is to propose the most appropriate way to resolve the problem of the battle of forms both parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.155-219
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• 2004

This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

• Korean Journal of Construction Engineering and Management
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• v.25 no.2
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• pp.23-35
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• 2024

This study analyzed the correlation between each of the 12 influencing factors in FAR 16.04 and the decision-making process for construction contract types, using data from a total of 2,406 DoD Construction Acquisitions spanning from 2008 to 2022. The study considered 12 independent variables, grouped into 4 Characteristics with 3 factors each. Meanwhile, all other contract types were categorized into two types: Firm-Fixed-Price (FFP) and Cost-Reimbursement Contract (CRC), which served as the dependent variables. The findings revealed that FFP contracts significantly dominated in terms of acquisition volume. In line with prevailing beliefs, logistic data analysis and Analytical Hierarchy Process (AHP) analysis of Relative Weights from Experts' Survey demonstrated that independent variables like Uncertainty of the Scope of Work and Complexity found out to be increasing the likelihood of selecting CRC. The number of contractors in the market does indeed influence the possibilities of contract decision-making between CRC and FFP. Meanwhile, the p-values of the top 3 influencing factors on CRC from the AHP analysis-namely, Appropriateness of CAS, Project Urgency, and Cost Analysis-exceeded 0.05 in the binominal regression results, rendering it inconclusive whether they significantly influenced the construction contract type decision, particularly with respect to payment methods. This outcome partly results from the fact that a majority of respondents possessed specific experiences related to the USFK relocation project. Furthermore, influencing factors in construction projects behave differently than common beliefs suggest. As a result, it is imperative to consider the 12 influencing factors categorized into 4 Characteristics areas before establishing acquisition strategies for targeted construction projects.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.33 no.6
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• pp.2575-2582
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• 2013

In the delivery systems for public construction works, design-build methods such as turn-key and alternative have contributed to improving the quality of structures and developing the construction technology. However, it is pointed out that construction based on a design-build method is likely to waste a budget due to its higher contract price than construction based on a design-bid-build method. Other issues such as contract monopoly, bid rigging and deliberation irregularity in design-build. Since there are not much works have been accomplished to comparatively analyze the actual performance and effect based on delivery methods, discussing and judging the performance and effect of each deliver method with limited information could lead to an error. Thus, this study by extensively investigates the actual project cost data, ranging from contract price to the construction cost of the public construction works and comparatively analyzed the characteristics of each delivery method about cost structure and fluctuation trend. This work is expected to assist stake-holders in properly understanding delivery systems for public construction works and promoting their efficient management.

• KIPS Transactions on Computer and Communication Systems
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• v.9 no.4
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• pp.89-100
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• 2020

In order to reduce the time and cost used in insurance processing, studies have been actively carried out to apply blockchain smart contract technology to car insurance. However, by using traffic data that is insufficient to prove accidents, existing studies are being exposed to the risk of insurance fraud, such as forgery and overstated damage by malicious insurers. To solve this problem, we propose an accident data-based reliability estimation model by using both various types of data through sensors, RSUs, and IoT devices embedded in automobiles and smart contracts. In particular, the regression model was applied in consideration of the weight estimation according to the type of traffic accident data and the reliability estimation model trained according to various accident situations. The proposed model is expected to effectively reduce fraud and insurance litigation while providing transparency in the insurance process and streamlining it is well.

• Korean journal of communication and information
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• v.17
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• pp.7-36
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• 2001

This thesis discussed the nature of freedom of speech with emphasis on Locke's theory of social contract. First, I examined the nature of freedom of speech induced from Locke's social contract, and argued that the nature of Locke's freedom of speech exists on the self-ownership of humans. Secondly, I studied how Locke's right of self-ownership was related to the right of freedom of speech and how it is realized in civil society. I could analyze how freedom of speech was actualized with un-equality in the social relations. Thirdly, I investigated how locke's possessive freedom of speech was materialized in the market society. I tried to find out the nature of freedom of speech actualization in the capitalist market society. Finally, 1 studied to what extent the state of Locke could intervene the freedom of speech and reconsidered the meaning of locke's limit of natural risht in modern society. Conclusively, Locke's notion of Natural Right and Law of Nature have greatly influenced contemporary idea of free speech. His idea helps understand the position of liberal democratic speech. It also shows well the relation of freedom of speech and Natural Right and has helped us understand freedom of speech in terms of the position of the right of property.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.7-31
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• 2001

All legal systems set out the principle of full compensation of damages, which aims to fulfil the plaintiff's expectations by putting him into as good a position as he would have been in if the contract had been performed. On the other hand, they place some limitations on the full recoverability of damages for breach of contract. In Civil Law systems, 'fault' is a necessary requirement for liability for damages, and the extent of recoverable damages is directly related to the degree of the dependent's fault. This principle, however, is not adopted by Common Law systems, in which the dependent would be liable in damages for breach of contract even though the breach was not due to his fault. The CISG is in a similar position to the latter systems. In Common Law systems as well as CISG, the extent of liability of the party in breach for damages depends on whether he foresaw or could have foreseen the damages at the time of contracting. Unlike the position in Civil Law systems, foreseeability seems to be the most effective principle to decide the extent. The tests for remoteness centre on reasonable foreseeability or contemplation of the loss. The party in breach is liable even for loss indirectly caused to the other party provided that this loss was foreseeable or contemplated by the party in breach. However, this manner to decide remoteness may lead to unreasonable results in some cases. If the party in breach were the inveterate pessimist who foresaw all sorts of possible damages, he could foresee damages too remote from the breach of duty. If this fact were revealed in the course of trial, he should be liable for such indirect damages. This is really undesirable result. Therefore, as to the remoteness test, the criterion of whether the loss is foreseen or contemplated must not be adopted. Foreseeability by reasonable person must be the only available criterion.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.25-42
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• 2009

That occur in international trade disputes between the parties without resorting to a court trial on the basis of principle of government by the parties to resolve the dispute resolution in general (Alternative Disputes Resolution: ADR) agreed to, reconciliation, coordination, mediation and other methods are. Here, unlike arbitration and other dispute resolution arbitrator, the court confirmed the arbitration award came from the judge and the same shall become effective in doing international commerce dispute resolution methods are widely used. Arbitration Agreement is a contractual dispute, regardless of whether a certain law there arise about the relationship between the parties, Currently exists, future conflicts can arise in whole or in part by the arbitration agreement is to be resolved. Arbitration agreement include: the effects of out of contract arbitration proceedings, the court does not want the progress of the dispute referred to arbitration proceedings to the effect, and the presence of the parties to the arbitration agreement does not claim to knowing the defense plea that Appeals ticket of destruction that have the effect of demurrer, that the arbitration agreement are rebuttal to the rebuttal of prozesshindernde Einrede and the mediation of a plea on the merits when the first defense must be submitted to the arbitration proceedings in which the applicant until the arbitration award determined that the property dispute to court for water conservation measures to dispose of the watch was in effect for arbitration in the contract. In addition, the arbitration agreement and the court sentenced the same kinds of effects that resolved the final effect, especially at the same time the effect of foreign recognition and enforcement of the decision regarding the New York Convention arbitration award based on the recognition and enforcement of domestic and international effects are being recognized. Consequently, the arbitration agreement to take effect a valid arbitration agreement exists is determined by whether or not staying. Therefore, agreements between individual university entrance exams based on the company signed a contract regarding the effect of arbitration first, associated with individual university entrance exams, and the leading research and analysis, review, and examine the general concept of the arbitration agreement after the arbitration agreement between the parties focuses on information about the effects of study to contribute to the activation of the arbitration system is aimed at the individual university entrance exams.

• Culinary science and hospitality research
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• v.16 no.3
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• pp.174-187
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• 2010

The purpose of this study was to examine the effect of franchisor's training on franchisee's trust and relationship satisfaction. In addition, it investigated the difference in the perception of franchisor's training system by the duration of the franchise contract and the frequency of franchisor's visiting. In order to carry out the empirical study, a questionnaire was distributed to franchisees from July 26 to September 1, 2009, and a total of 255 copies were returned and used for analysis. In analyzing the data, three factors of the franchisor's training were obtained: pre-training, franchisor training, and supervisor training. These three factors had a significant effect on franchisee's trust and satisfaction with the relationship. Also, There was significant differences among franchisor's training by duration of the franchise contract. The findings of the study suggested useful implications in the related industries.

• Korean Journal of Community Nutrition
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• v.9 no.4
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• pp.519-527
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• 2004

This study was designed firstly to measure the job satisfaction (JS) levels of personnel engaged in contract food-service management company (CFMC), secondly to compare the job satisfaction levels by personal and company-related characteristics, and thirdly to identify the effects of JS facets on overall job satisfaction. Of 1135 respondents, there were 712 employees in the headquarters and 423 in the branch office. From an analysis on job satisfaction, overall job satisfaction level was 3.22 out of a maximum 5 and the co-worker (3.71) facet of JS was the highest job satisfaction followed by supervision (3.32), work itself (3.26), working condition (3.15), promotion (2.95) and payroll (2.74). In comparison of job satisfaction by personal characteristics, the personnel who were male (p < .01), had associate degrees (p < .01) or long-term careers in foodservice field (p < .05), or were regular employees (p < .01) perceived significantly higher than others for overall JS. In comparison of the job satisfaction by company-related characteristics, overall JS was significant by company scale (p < .01) and by work place (p < .05), but it was not significant by operating group. Finally, on the regression analysis for the effects of JS facets on overall JS, adjusted R2 was 0.534 (p < .001) and all six JS facets, especially payroll, had a positive effect on overall JS significantly (p < .001). Considering that the goal of enterprise on profit-making through customer satisfaction (CS) and the role of personnel on CS at moment of thrust (MOT), the findings confirmed the necessity for continuous internal marketing and human relation management focusing on the lower level of JS facets.