• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.54
• /
• pp.167-190
• /
• 2012

The purpose of this study is to find out some countermeasure to Korean companies entered Chinese market through analyzing an arbitration case resolved by CIETAC applied of Chinese Commission Agency Law and CISG. China create legal relationship between the principal and the third party under Chinese Consignment Contract Law. Korean companies so make sure whether this Contract is included when they conclude international commercial contract. If yes, they have to prove their recognition for the relationship between the principal and the commission agent when needed. If the parties agreed an additional period of time of delivery and the seller do not deliver the goods within this period, this breach might be regarded as fundamental nature and the buyer could declare the contract avoided. In addition, late delivery might also be regarded as fundamental breach when market price is fluctuated. It is understandable that attorney's fees is recoverable one, but it is not understandable that arbitrator's extra expenses such as travel and accommodation expenses is not recoverable with the reason that arbitrator comes outside of the country.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.77
• /
• pp.23-42
• /
• 2018

This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

• Journal of Arbitration Studies
• /
• v.8 no.1
• /
• pp.269-291
• /
• 1998

Change of circumstances subsequent to formation of international business contract raises two issues on both parties' obligation to perform business transaction concerned. One is impossibility of performance due to events beyond control of parties and the other is adaption of contract. In Anglo-American Law such an impossibility of performance is provided by the doctrine of Frustration and the doctrine of Practicability(UCC 2-615). In practice a "force majeure" clause should be included in contract defining the parties' mutual rights and duties if certain events beyond their control occur to safeguard themselves against possible impossibility. On the other hand the tendency of international trade is that alongside sales contracts, there are contract for supplies, for furnishing raw materials, for building industrial complexes, and transferring technology. One characteristic of these agreements is their duration. For in order to carry out these agreements, it is necessary to complete a series of closely interrelated operations which, in the normal course of events, take place over a number of years. It is often difficult for the parties, when finalizing their contract, to have a full grasp of all of the factors governing their relations. With a view to resolving difficulties such as compromise the continuous performance of a contract, parties may insert a regulatory clause in their contract providing for intervention by a third person after stating in specific and detailed fashion the circumstances in which their contract may be adapted.

• Korean Security Journal
• /
• no.12
• /
• pp.309-333
• /
• 2006

These days, the majority of public service area presents increment of utilizing a contracting-out with the following reasons such as cost-efficiency, maintenance of population changes in flexible manner, and convenience of management. The social changes have influence on policing structure and regional security system as well as problems associated with accepting the contracting-out in the public policing sector. However, many issues such as limited contracting-out sector, difficulty of encouragement of participation to private sector, and limitation of making a contract with contracting-out would be brought up when initiate contracting-out to the public policing sector. Changing security system to lower budget, planning restructure of organization, developing alterable partial contracting-out, establishing private and public cooperate system and rationalizing contract system are the suggestions to solve and modify the raising problems. This study suggests a differentiate regulation of policing services compare to currently existing contracting-out method to consider a distinctive working environment. The suggestions are as follows: 1. develop a security segregate model, 2. build a cooperative system between private and public policing sector, 3. broaden opportunity of participation of private policing sector, 4. open-competition among qualified private tender to make a contract. The private contracting-out in the public security service sector should be manage in different manner compare to other private contracting-out in government-oriented public service sector. Since work performance of each private contracting-out agency is strongly bond to safety of every civilian in the nation, it is essential to increase its standard of qualification of each agency.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2021.05a
• /
• pp.155-156
• /
• 2021

Most of the construction works in domestic are not direct undertaking work, but by a contract method including subcontracting. Therefore, a general contractor for each project jointly carry out construction work with a specialty contractor for each engineering type. However, in terms of contract, this method is not a joint venture contract, but a subcontract. Accordingly, this system can cause various problems between the prime contractor and the subcontractor. Therefore, this study aims to extract and present the actual obstacle factors in terms of specialty contract company performing specialty construction work for construction project. The presented contents are expected to present the standard for the cooperation system that the prime contractor and the subcontractor can win-win.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.43
• /
• pp.75-97
• /
• 2009

Article 35 of the CISG defines standards for determining whether goods delivered by the seller conform to the contract in terms of type, quantity, quality, and packaging. When we apply these article 35(1), (2) of the CISG to the business connection, we will face several issues in the business connection. Fist, we will face the interpretation of contracts. When we interpret the contract, we must remember the article 8 of the CISG. Statements made by and other conduct of a party are to be interpreted according to the intent of parties. Therefore parties of contract must describe their intent correctly. Second, we must make out a contract in written about the promised contents. And it is needed to insert a merger clause in order to prevent part of contract from disagreeing with each other. Third, there are several interpretation of fitness for the purpose for which the goods would ordinarily be used. So it is important to describe the quality standard to be applied. If it does not describe the standard, it is helpful to apply the reasonable quality test. Fourth, there may be some doubt regarding the question of whose standard-that of the seller's or that of the buyer's state-is relevant in order to determine which characteristics the goods must have in order to be fit for their ordinary purpose. Ultimately, the question of the relevant standard is a matter of the interpretation of the contract.

• The Korean Journal of Community Living Science
• /
• v.26 no.4
• /
• pp.683-696
• /
• 2015

This study measures patients' meal satisfaction according to the type of operation (self-operation and contract operation) and identifies improvement areas. A survey was conducted using 183 contract operation patients and 60 self-operation patients receiving general meals. The mean score for satisfaction for the whole sample was 3.42 (self-operation = 3.51; contract operation = 3.39), and self-operation satisfaction was significantly higher than contract operation satisfaction. Mean scores were 2.98 for food, 3.26 for menu composition, 3.57 for sanitation, 3.78 for distribution meal services, and 3.50 for menu information. Self-operation showed a higher satisfaction level than the contract operation in food and menu composition. The ccontract operation showed a higher level of satisfaction than self-operation in sanitation, distribution meal services, and menu information. In terms of feeling dissatisfaction with meal services, both groups showed the highest dissatisfaction with food and menus, and both groups agreed on food and menus that required the greatest improvement. Based on the results, contract operation managers should develop and apply menus considering their preferences. Dietitians of self-operation strengthen communication between meal service staff and patients by carrying out periodic and systematic service education on self-operation.

• Journal of Distribution Science
• /
• v.22 no.1
• /
• pp.95-103
• /
• 2024

Purpose: Focusing on the complex supply chain operations beyond the simple dyadic relationship, this study evaluates the performance of the revenue sharing contract in three stage supply chain system. Research design, data, and methodology: The optimization model is developed to describe the supply chain system where one manufacturer, one wholesaler, and one retailer exist and pursue the maximum level of their own profits. In the numerical examples of the proposed supply chain model, two types of the revenue sharing contract, pairwise and spanning methods, are tested and their performances are compared with the traditional system. Results: The numerical analysis reveals that both types of the revenue sharing contract outperform the traditional system. All supply chain members can achieve the improved profits only when they determine the proper combination of revenue share ratios and price discount rates. Conclusions: This study finds out that both pairwise and spanning revenue sharing contracts can make the positive outcome that is acceptable to all members in three stage supply chain system. When the proper contract content is agreed among the supply chain members, the revenue sharing contract has the potential to be the practically feasible collaboration program for the multiple stage supply chain system.

• Journal of the Korea Safety Management & Science
• /
• v.13 no.3
• /
• pp.55-61
• /
• 2011

Unit cost for asbestos removal work which have been made out at government contract award for recent three years has been reviewed and shown with table. And the cost have been compared with ones made out by two agencies, American asbestos removal specialists, government ministry for making out comparison tables. 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 in introduction possibility of separate contract-awarding system, it is found out. In interior removal work case, it is thought that 50% by owner, 60% unit work cost by the expert of which removal specialist think as reasonable unit cost. the results for exterior and spray work method are shown with almost same context. Impact factors for determining unit work cost such as project mount, project kind, contract-awarding method, subcontract method have been compared with parties. Removal specialist and expert group have almost same ideas for project amount which has been hightestly weighed but owner's recognition has partially lower than specialists idea. There are almost no difference of recognition between three(3) parties for project kind. Idea comparison of reasonable unit work cost for asbestos removal work between three concerned parties has been analyzed and found out that expert group do unit work cost, 65% of which removal specialists estimate, in interior tex removal. And there is almost no difference between them in exterior roof slate removal. But there is considerable difference between them that owner estimates 50% unit cost of specialist one while expert group estimate 50% of specialist idea of unit removal cost.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2004.05a
• /
• pp.113-117
• /
• 2004

We need the contingency cost in order to deal with the uncertainty to be accompanied inevitably at the construction and an every kind risk not to forecast in advance. And also the contingency colt needed for the change order and we need it for reduction of the delay and reduce the trouble between owner and constructor. This study, through checking and analyzing the risk factor, in the step of domestic construction, suggests optimal management reserve to specific business about the contract type and the scale. The main results of this research are summarized as follow. First, I investigated the recognition about the contingency cost, grasped the risk to be happened at the construction step and found out the frequency occurrence, through making up question to engineer are carrying out their job in the domestic construction. Second, I computed optimal contingency cost rate by the statistics investigation, and proposed an improvement plan and problem when compute a contingency cost.