• Journal of the Economic Geographical Society of Korea
• /
• v.27 no.1
• /
• pp.1-17
• /
• 2024

The purpose of this study is to identify the role of each party in relation to the contract farming of cabbage which is taking place under the contract between the local trader of agricultural produce that supplies raw cabbage to company "D," a manufacturer of kimchi, and the cabbage farm where the cabbage is grown, and to describe the changes brought by the contract farming to the agriculture of the contract area. As a result of the study, it was discovered that, while the farming of cabbage in the contract area used to be led by farmers, it is now increasingly being controlled by the local traders of agricultural produce. First, as the key player in the decision-making related to the cabbage farming in the main cabbage producing areas, local traders of agricultural produce are replacing the role of farmers by supervising the entire production process and controlling the overall cabbage farming in the contract area. Second, in the main cabbage producing areas, local traders of agricultural produce are becoming a key farming entity by carrying out functions that are comparable to those of farmers and playing a major role in the second half of the agricultural work at the farms in the contract area. This can be considered as the result of the balance between the demands of the local traders of agricultural produce who need to secure contract volume and manage the quality of their produce and the demands of the farmers in key cabbage producing areas who are facing difficulties due to the increase in the number of elderly farmers and a shortage of manpower.

• The Korean Journal of Air & Space Law and Policy
• /
• v.1
• /
• pp.193-222
• /
• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• Journal of Digital Convergence
• /
• v.16 no.2
• /
• pp.235-242
• /
• 2018

The purpose of this study is to provide basic data for human resource management and efficient hospital management of organization by checking the effect of psychological contract of nurses on voice behavior. It is a descriptive research study that survey nurses who consented responded to the research questions. As a result, nurse practitioners showed a low level of perceptions of organizational commitment, psychological contracts, transactional contract and relational contract. There was a positive correlation between transactional contract and constructive voice(p<.05), and there was a negative correlation between relational contract and destructive voice(p<.05). Therefore, it is necessary to establish a system in which internal and external compensation can be made according to changes in roles of nurses in order to carry out new polices and organizational changes. It is also necessary to improve the organizational culture so that nurses can actively participate in policy and organizational change.

• Nutritional Sciences
• /
• v.5 no.2
• /
• pp.103-110
• /
• 2002

In Korea, the school foodservice program has been expanding rapidly in recent years, partly as a result of increased government support. With the growth in the number of schools offering foodservice programs, food safety and sanitation concerns have been increasing. To assist with program improvement, a situation analysis was carried out, with the focus on equipment and sanitary management of school foodservice programs under flour different management systems. A questionnaire was mailed to the foodservice directors of 234 randomly selected schools chi[h included elementary, middle and high schools at the national level. Among them, one hundred and sixty-five responses reasonably completed were used for the analysis. This study classified each school's foodservice management into one of four types : independent-conventional, independent-commissary, contract-conventional, and contract-delivery. The results show that the monitoring of employees' health and personal hygiene, and employees' sanitary education was well conducted, but that the sanitary education of the voluntary parent workers was largely ignored. Eighty-six percent of the schools had their drinking water tested for sanitation, and the results showed that more effort is needed in careful management of drinking water in order to prevent foodborne illnesses and bacillary dysentery. In general, contract management showed lower scores in foodservice equipment and their efficiency, compared with independent management. A relatively high number of schools on the contract-delivery management system employed nurses and leachers instead of dietitians and foodservice directors. The adoption of the HACCP (Hazard Analysis Critical Control Point) system was lowest in contract-conventional and contract-delivery management systems, and highest in elementary schools using the independent-conventional system.

• Journal of the Korean Dietetic Association
• /
• v.9 no.2
• /
• pp.128-137
• /
• 2003

The purposes of this study were to investigate the current status of contracted hospital food services and to find out the difference in accordance with the number of beds in hospitals. Thirty six hospitals having more than 100beds in Seoul, Inchon and Kyungkido were the subjects of this study. Data was collected through surveys. The survey was conducted during March and April in 2002. The Questionnaires were mailed to the 36 directors of dietetic departments of the hospitals and 36 managers of contracting patient food services. Statistical analysis was completed using SPSS Win(11.0) for descriptive analysis and t-test. The results of the study are summerized as follows; Ⅰ. Hospital perspective : The range covered by contract food service was 63.3% and 36.7% in hospital food services, and medical nutrition services. The patient and employee food services were in 83.3%, and patient food services were in 6.7%. The methods selecting contractors are general, limited, selected and competitive biddings, and private contracts. The responsibility for supervision of contract food services was the dietetic department (51.7%) in most cases. Hospitals having personnel responsible for contracting affairs were in 75.9% of the cases and 24.1% did not have personnel. The biggest reason for contracting was facilitation of personnel management. The most important criteria on selecting food services contractors was the professionality of the contractor. Ⅱ. Contractor's perspective : The cost per meal in the year 2001 was composed of 1,905 won for food cost, 1,081 won for labor cost, 222 won for expenses, 114 won for VAT, 14 won for rent and 146 won for miscellaneous or controllable expense, representing 109 won loss per meal. The profit-and-loss contract cost is higher than the fee-contract cost. The ratios of food cost, labor cost and expenses are higher and the ratios of miscellaneous or controllable expense, VAT, rent and profit are lower in hospitals with more than 400 beds compared with those less than 400 beds. However, no significant differences are present between these two groups of hospitals. The actual contract period was 2.2 years upon initial contract and 1.2 years upon renewal. The initial investment cost was 53 million won and the cost of renovation and repair was 8.5 million won. Significant differences were present between two groups of hospitals. The conditions of employment and number of personnel hired by contractors for contract patient food services were significantly different according to the number of beds.

• Korean Journal of Construction Engineering and Management
• /
• v.21 no.5
• /
• pp.3-10
• /
• 2020

Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.32
• /
• pp.3-27
• /
• 2006

The Pennzoil case and the SME case illustrate the difficulties which originate from inadequate drafting of letters of intent. In both cases the judges had to face the crucial question as to whether or not a given letter of intent had a binding nature; they had in other words to decide whether the wills expressed in such letters still belonged to the pre-contractual stage, or whether their incorporation into a pre-contractual document meant that negotiations were over and binding obligations had already arisen for the parties. In other words, some problems may occur when a party has documented a stage in the negotiations by letters of intent. The letters may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the letters are silent, some problems would arise. Contracting parties are, therefore, well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, e.g. by diminishing the value of performance under the contemplated contract.

• Journal of Navigation and Port Research
• /
• v.32 no.1
• /
• pp.97-102
• /
• 2008

According to the trend of a large-sized vessel and a industrial carrier, the role of the independent contractors such as transport terminal operators, stevedores and warehousemen is increasing the base of cargo distribution that include the function of storage, warehousing, loading, unloading, trimming, dunnaging and lashing. But the common law doctrine of privity of contract has been a perennial source of difficulty for litigants seeking to enforce rights and obligations arising under a bill of lading contract. When carriage contract is negotiated, the concerned parties will be aware that some portion of obligations arising from the contract will be performed by the independent contractors engaged to carry out a particular function. It is reasonable for the independent contractors to be allowed the benefit of the carrier under the contract of carriage. As a part of the alleviating measures for the liability of independent contractors has been allowed various schemes, specially including 'Himalaya Clause'. Therefore, this study performed the validity of 'Himalaya Clause' by means of a recent judicial precedent by the Supreme Court and analyzed the rights of third parties, specially transport terminal operators, under the contract of carriage.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.23
• /
• pp.71-91
• /
• 2004

The purpose of this paper is to examine the effects and problems of acceptance with modifications according to CISG Art. 19, comparing with UCC ${\S}2-207$. First of all this author raised two legal issues encountered when there is an acceptance with modifications. Scenario one is as follows : "Before either party has taken further action, there is a rise or a fall in the price of goods, was there a binding contract ?" The UCC rules provide for a contract if a purchaser sends out a purchase order and the seller sends back a sales acknowledgement form, and the items on the front(the price, description, and quantity) match up. The CISG on the other hand, is that most of the terms and conditions on the backs of the forms are important. Therefore, if they are different, there should not be a contract. Scenario two is as follows : "There has been performance, A disputes arises. What terms and conditions apply ?" The CISG and the UCC will probably lead to different results in the event the parties exchange conflicting forms and subsequently perform. Assuming that the offeree's reply contains terms that are materially different from the offer, the UCC provides that the resulting contract will include only those terms on which the writings of the parties agree, excluding conflicting terms. The CISG treats the material additions as a counter-offer and, in accordance with Art. 18, the offeree's performance may be regarded as an acceptance of a contract containing all of the offeror's terms ; or the offeror's performance may be regarded as an acceptance of a contract containing all of the offeree's terms. Second, this author raised three problems in the Art. 19 as follows ; 1) It is very difficult in practical application to decide what is material alterations even if the CISG lists material terms as an example. 2) There is a possibility for the offeror to speculate in the circumstance of market fluctuation as he has a change to object to the discrepancy in the offeree's reply. 3) There is also a possibility of inducement for the offeror or the offeree to send its own reply as a last shot.

• Korean Journal of Construction Engineering and Management
• /
• v.19 no.6
• /
• pp.135-143
• /
• 2018

Normally there is a one-time relationship between stakeholders in the construction projects. Thus, project participants are easily exposed to opportunistic behavior. According to the theory of transaction costs, a contract effectively influence the behavior of counter-party. The important role of contracts in limiting opponent opportunistic behavior has been academically acknowledged and studied in inter-firm relationships. The purpose of this study is to reveal the mediating effect of the contract on the power of the contractor in the contractor's behavior. Power is divided into mediated and non-mediated power. We surveyed construction companies' employees who have conducted construction projects. Based on the questionnaire response, we examined the influence of the Employer's power on the behavior of the contractor. Both non-mediated power and mediated power were significant for in-role and out-role behaviors. Both non-mediated power and mediated power were found to have a significant effect on the control and coordination function of contracts. The results show that the control function of the contract is significant for the in-role behavior and the extra-role behavior. Finally, the mediating effect of the contract function was significant only in the control function.