• 무역상무연구
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• 제54권
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• pp.145-166
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• 2012

This article examines the limitations of the choice of law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts. In June 2007, Clough Engineering, a corporation based in Western Australia, approached the Federal Court of Australia seeking injunctive relief and leave to commence proceedings against an entity located outside Australia, the Oil & Natural Gas Corp of India (ONGC). Clough had contracted with ONGC to provide a range of services in relation to the construction of gas and oil wells off the coast of India. The contract was governed by Indian law, and included a clause by which the parties agreed to submit their disputes to arbitration. Yet the Federal Court assumed jurisdiction over the dispute, principally because Clough had framed its claim as a plea for relief for contraventions of Australia's Trade Practices Act 1974. The result of this cases that it is possible for an arbitral tribunal to hear a claim made under the Trade Practices Act even if that claim arises "in connection with"a contract the proper law of which is not the law of Australia. However, in Transfield Philippines Inc v Pacific Hydro Ltd, the turnkey contract included a choice of law provision, selecting the law of the Philippines, and a clause providing that all disputes arising out of or in connection with the agreement were to be arbitrated under the ICC Rules, with the seat in Singapore. Hearings were in fact conducted in Melbourne, Australia, although all awards were published in Singapore. The result of this cases that it would not be appropriate for an Australian court to adjudicate claims for misrepresentation under Australian statutes dealing with misleading and deceptive conduct, once the arbitral tribunal had determined, applying appropriate choice of law rules, that such claims are governed by the law of the Philippines. To do so would lead to a multiplicity of proceedings, usurp the jurisdiction of the tribunal and deny the intention of the parties as expressed by them in the arbitration agreement. In short, the Internationally Mandatory Rules as an active part of public order create limitation of party autonomy in choice of law rules in a different way. The court is fully entitled to refuse to use those rules of law applicable on the contract which are in the contradiction to the internationally mandatory rules of law of the forum. And the court may give an effect to those Internationally Mandatory Rules that form a part of a law of foreign country when deciding about applicability of certain rules of applicable law.

• Journal of Nutrition and Health
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• 제38권9호
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• pp.765-776
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• 2005

The purposes of this study were to a) examine IC (intellectual capital) circumstance of CFMC (contract foodservice management company), b) identify the correlation between IC of CFMC, c) analyze the cause and effect of IC in the viewpoint of contractor, client, and customer. The questionnaires of IC measurement were handed out to 108 CfHCs, there composing of main office employees, foodservice managers, customers, and clients of 207 school, 38 hospital, and 86 business/industry foodservices. The statistical data analysis was completed using SPSS Win (ver 12.0) for descriptive analysis, correlation analysis, simple linear regression analysis. First, CFMCs had operational experience for an average of 8 years and 8 months, and served an average of 38,540 meals a day. Most of the respondent companies operated 'food supply/distribution($50\%$)', 'catering ($46.7\%$)', and restaurant business ($43.3\%$)' except for institutional foodservice and managed an average of 66 clients for the contract period of 2 years and 3 months. Second, there was positive correlation between $\ulcorner$sales of foodservice$\lrcorner$ and 'market ability', $\ulcorner$client satisfaction$\lrcorner$ and necessary intellectual capital for managing branch/chain foodservice office, and $\ulcorner$customer satisfaction$\lrcorner$ and $\ulcorner$renewal and development$\lrcorner$, 'market ability', 'infrastructure support for foodservice operation', 'employee satisfaction', respectively. Finally, the result of the cause and effect analysis on CFMCs, clients, and customers was positively influenced by 'client satisfaction' with 'customer satisfaction', 'infrastructure support for foodservice operation' and 'customer satisfaction' with 'employee satisfaction', and 'infrastructure support for foodservice operation'. In conclusion, if CFMCs were to perform a routine checkups by utilizing CFMC's IC measuring tool, improvements in CFMC operational capacities as well as foodservice quality can be noted. Additionally, CFMCS can satisfy their client-customer relationship by employing internal marketing thechniques for employee, a more efficient infrastructure support system, and construc tive infrastructure utilization. Therefore, CFMCs can show significant improvement in their sales and foodservice quali-ty though continuous maintenance of the client and customer satisfaction.

• 한국중재학회지:중재연구
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• 제12권2호
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• pp.263-302
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• 2003

Since new Korean arbitration law was modeledafter UNCITRAL Model Law on International Commercial Arbitration Law, the judicial review on the arbitral award is at most limited to fundamental procedural justice. Thus, drafting valid arbitration clause is paramount important to enforce arbitral awards in the new legal environment. A losing party in arbitral process would often claim of the invalidity of arbitration agreement to challenge the arbitral award. Especially, the validity of arbitration clause in the construction contracts is often challenged in Korean courts. This is because the construction contracts usually include selective arbitration agreement in multi-tiered dispute resolution clause that is drafted ambiguous or uncertain. In this paper selective arbitration agreement means a clause in a contract that provides that party may choose arbitration or litigation to resolve disputes arising out of the concerned contract. On the hand multi-tiered dispute resolution clause means a clause in a contract that provides for distinct stages such as negotiation, mediation or arbitration. However, Korean courts are not in the same position on the validity of selective arbitration agreementin multi-tiered dispute resolution clause. Some courts in first instance recognized its validity on the ground that parties still intend to arbitrate in the contract despite the poor drafted arbitration clause. Other courts reject its validity on the ground that parties did not intend to resort to arbitration only with giving up their right to sue at courts to resolve their disputes by choosing selective arbitration agreement. Several cases are recently on pending at the Supreme Courts, which decision is expected to yield the court's position in uniform way. Having reviewed recent Korean courts' decisions on validity and applicability of arbitration agreement, this article suggests that courts are generally in favor of arbitration system It is also found that some courts' decisions narrowly interpreted the concerned stipulations in arbitration law despite they are in favorable position to the arbitration itself. However, most courts in major countries broadly interpret arbitration clause in favor of validity of selective arbitration agreement even if the arbitration clause is poorly drafted but parties are presume to intend to arbitrate. In conclusion it is desirable that selective arbitration agreement should be interpreted favorable to the validity of arbitration agreement. It is time for Korean courts to resolve this issue in the spirit of UNCITRAL model arbitration law which the new Korean arbitration law is based on.

• 한국건설관리학회논문집
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• 제20권3호
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• pp.3-11
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• 2019

시설공사는 도로, 철도 등 기간시설과 주거, 사무 공간 등의 다양한 인프라를 구축하는 행위로써 주문제작방식으로 시행되는 산업의 특성 상 대부분 장기간이 소요된다. 장기간에 걸쳐 공사가 진행되는 동안 공사를 구성하는 원재료 가격이 등락이 발생한다. 따라서 공사비 등락 또한 필연적으로 발생하게 된다. 공사비의 등락은 곧 시공사의 이익 및 정부의 예산지출의 효율성에 민감하게 맞물린다. 따라서 요구되는 공사품질 확보와 효율적인 예산지출 위해서는 합리적으로 공사비를 조정하여 적정한 수준의 시공비가 유지되도록 해야 한다. 이러한 문제의 해결을 위한 완충제도가 물가변동으로 인한 계약금액 조정제도(Escalation/De-Escalation)이다. 본 연구에서는 효율적인 계약금액 조정방법의 제안을 위하여 품목조정방식을 기반으로 지수조정방법을 접목한 방법을 제안하였다. 또한, 물가변동 조정과 관련된 국가계약법령 및 계약예규에 반영되지 못한 사항들을 조사하여 법적으로 성문화하도록 제안하였다.

• 한국조리학회지
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• 제11권4호
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• pp.118-133
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• 2005

In the management activities of head office in supporting franchisees in domestic food-service enterprises, the raw material supply plays a positive role to support franchisees' operation activity and it comes into conflict with them at the same time. In this paper, I have tried to find out the relationship between raw material supplying and the satisfaction of the franchisees by experimental research in order to research the route of head office's raw material supplying. To sum up the results, it was found out there is no meaningful relationship between the raw material supplying and the franchisees satisfaction (intention to renew the agreement), It indicates it would be more effective for the franchisees to buy the raw materials from the suppliers developed by the franchisees except some key materials in order to reduce the conflicts with the franchisees.

• 한국통신학회논문지
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• 제18권9호
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• pp.1295-1303
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• 1993

본 논문에서는 이산대수 문제에 거한 새로운 1-out-of-n 비대화형 불확정 전송 암호화 프로토콜을 제안하고, 다자간의 공평한 비밀정보 교환방식을 새로이 제안하였으며 이들방식을 이용하여 Flat-Shamir 서명방식에 근거한 새로운 디지탈 다중서명방식을 제안하고 안전성을 분석하였다. 제안된 디지탈 다중서명방식은 동시성, 실행 가능성 및 부정 조기검출성을 가지고 있으며 다수의 사람이 참여하는 전자계약 서명시스템에 적용될 수 있다.

• International Journal of Internet, Broadcasting and Communication
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• 제14권4호
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• pp.11-19
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• 2022

Data mining has broad applications that reach beyond scholarly and scientific research and provide internet search engine services that are commonly used forms of Text and Data Mining('TDM') of websites. The exceptions and limitations for data mining provide a competitive advantage in the global race for policy innovation because it permits researchers to conduct computational analysis - TDM on any materials to which they have access. For this purpose, Japan and the EU added limitations on copyright to legalize some TDM research through amendments to copyright law, and the U.S. copyright law has allowed data mining by the fair use provision. On the other hand, there are no explicit exceptions and limitations for data mining under the Korean Copyright Act, and there are no cases considering data mining fair use. We review comparatively exceptions and limitations on copyright which will help to encourage AI-related business by using more data smoothly through the mining process and extracting more valuable information.

• 정보관리학회지
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• 제32권3호
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• pp.295-316
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• 2015

본 연구는 공공도서관 직영전환결정에 대한 정책적인 관점에서, 정책옹호연합모형을 적용하여 도서관 운영체제의 변동에 영향을 미친 요인을 분석하는 것을 그 목적으로 한다. 분석 결과, 해당 사안을 둘러싼 3개 연합(직영찬성, 직영반대, 위탁유지)의 신념체계와 이들의 활동을 고려하였을 때, 기본핵심신념을 공유하는 경우 정책지향학습을 통해 부차적 신념은 변화될 수 있었다. 앞으로도 도서관 정책 전반에서 공론의 장을 활성화시키는 것은 정책추진에 있어 전략적으로 필요함을 시사한다.

• 한국통신학회논문지
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• 제31권4B호
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• pp.255-269
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• 2006

The differentiated services(DiffServ) architecture provides packet level service differentiation through the simple and predefined Per-Hop Behaviors(PHBs). The Assured Forwarding(AF) PHB proposed as the assured services uses the RED-in/out(RIO) approach to ensusre the expected capacity specified by the service profile. However, the AF PHB fails to give good QoS and fairness to the TCP flows. This is because OUT(out- of-profile) packet droppings at the RIO buffer are unfair and sporadic during only network congestion while the TCP's congestion control algorithm works with a different round trip time(RTT). In this paper, we propose an Adaptive Regulating Drop(ARD) marker, as a novel dropping strategy at the ingressive edge router, to improve TCP fairness in assured services without a decrease in the link utilization. To drop packets pertinently, the ARD marker adaptively changes a Temporary Permitted Rate(TPR) for aggregate TCP flows. To reduce the excessive use of greedy TCP flows by notifying droppings of their IN packets constantly to them without a decrease in the link utilization, according to the TPR, the ARD marker performs random early fair remarking and dropping of their excessive IN packets at the aggregate flow level. Thus, the throughput of a TCP flow no more depends on only the sporadic and unfair OUT packet droppings at the RIO buffer in the core router. Then, the ARD marker regulates the packet transmission rate of each TCP flow to the contract rate by increasing TCP fairness, without a decrease in the link utilization.

• 항공우주정책ㆍ법학회지
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• 제5권
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• pp.101-118
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• 1993

Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.