• Korean Journal of Construction Engineering and Management
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• v.20 no.6
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• pp.3-10
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• 2019

The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.3-22
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• 2003

The CISG has been effective since January 1,1988. Even if both parties of international sales contract are located in ratifying countries, the CISG does not apply to certain excluded transactions. The CISG does not apply if the parties have opted out of the CISG. When the parties opt out, they usually agree on the law that is to replace the CISG. In the context of international sales, the frequent and difficult choice of law problems will arise when the CISG applies to a transaction but does not resolve all the legal issues before the tribunal. So this article deals with the question. What should we select the applicable law in such situations? (1) For products liability issues excluded from the CISG by article 4 and 5, the court should apply the substantive law of the market state and the statute of limitations law of the forum, (2) For validity issues excluded from the CISG by article 4(a). the court should apply the UNIDROIT Principles when its rules resolve the issue.

• Asia pacific journal of information systems
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• v.17 no.2
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• pp.49-81
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• 2007

Research in the IS (Information Systems) outsourcing has focused on the importance of legal contracts and partnerships between vendors and clients. Without detailed legal contracts, there is no guarantee that an outsourcing vendor would not indulge in self-serving behavior. In addition, partnerships can supplement legal contracts in managing the relationship between clients and vendors legal contracts by itself cannot deal with all the complexity and ambiguity involved with IS outsourcing relationships. In this paper, we introduce a psychological contract (between client and vendor) as an important variable for IS outsourcing success. A psychological contract refers to individual's mental beliefs about his or her mutual obligations in a contractual relationship (Rousseau, 1995). A psychological contract emerges when one party believes that a promise of future returns has been made, a contribution has been given, and thus, an obligation has been created to provide future benefits (Rousseau, 1989). An employmentpsychological contract, which is a widespread concept in psychology, refers to employer and employee expectations of the employment relationship, i.e. mutual obligations, values, expectations and aspirations that operate over and above the formal contract of employment (Smithson and Lewis, 2003). Similar to the psychological contract between an employer and employee, IS outsourcing involves a contract and a set of mutual obligations between client and vendor (Ho et al., 2003). Given the lack of prior research on psychological contracts in the IS outsourcing context, we extend such studies and give insights through investigating the role of psychological contracts between client and vendor. Psychological contract theory offers highly relevant and sound theoretical lens for studying IS outsourcing management because of its six distinctive principles: (1) it focuses on mutual (rather than one-sided) obligations between contractual parties, (2) it's more comprehensive than the concept of legal contract, (3) it's an individual-level construct, (4) it changes over time, (5) it affects organizational behaviors, and (6) it's susceptible to organizational factors (Koh et al., 2004; Rousseau, 1996; Coyle-Shapiro, 2000). The aim of this paper is to put the concept, psychological contract commitment (PCC), under the spotlight, by finding out its mediating effects between legal contracts/partnerships and IS outsourcing success. Our interest is in the psychological contract commitment (PCC) or commitment to psychological contracts, which is the extent to which a partner consistently and deeply concerns with what the counter-party believes as obligations during the IS project. The basic premise for the hypothesized relationship between PCC and success is that for outsourcing success, client and vendor should continually commit to mutual obligations in which both parties believe, rather than to only explicit obligations. The psychological contract commitment playsa pivotal role in evaluating a counter-party because it reflects what one party really expects from the other. If one party consistently shows high commitment to psychological contracts, the other party would evaluate it positively. This will increase positive reciprocation efforts of the other party, thus leading to successful outsourcing outcomes (McNeeley and Meglino, 1994). We have used matched sample data for this research. We have collected three responses from each set of a client and a vendor firm: a project manager of the client firm, a project member from the vendor firm with whom the project manager cooperated, and an end-user of the client company who actually used the outsourced information systems. Special caution was given to the data collection process to avoid any bias in responses. We first sent three types of questionnaires (A, Band C) to each project manager of the client firm, asking him/her to answer the first type of questionnaires (A).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.3-33
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• 2013

The purpose of this paper is to examine the problems in exercising buyer's right to claim damages for the breach of contract by the seller in international sales contract and to suggest reasonable counter-measures. The main contents are as follows: First, this author analyzed the principles of the seller's liability for damages in detail and examined the methods for the calculation of damages on the basis of Arts.74~77. As these articles are found to be insufficient in practical application, this author further examined the UNIDROIT Principles(2004) to confirm whether these Principles can fill the gaps of CISG or not, which turned out their gap-filling functions. Second, this author tried to find any expected problems when the buyer resorts to the right to claim damages in case of the seller's breach of contract including the estimation of damages, the burden of proof, causation, the proof of appropriateness for avoidance, the proof of buyer's obligation to mitigate the loss and so on. The reason is that these problems may cause a lot of difficulties in real business. As result, many buyers have given up their reasonable rights to claim damages so far. Finally, from the buyer's perspective, this author would like to suggest a liquidated damage clause(LD Clause) which gives the buyer to received a specified sum in case of seller's non-performance and/or a demand guarantee(or standby L/C) which guarantees buyer to secure unconditional payment independent of the underlying contract. For these purposes, the buyer should try to insert the LD Clause and/or Guarantee Clause in the contract when the buyer and the seller negotiate the sales contract. Also there are a lot of considerations and limitations in using the LD Clause and the Guarantee Clause in their real business, mainly dependent up bargain power between the seller and the buyer, for which this author promise to examine in detail in the future.

• Journal of Digital Convergence
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• v.13 no.4
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• pp.163-174
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• 2015

While the scale of the consulting market growth in quantity quality, the consultant capacity is becoming important in the digital industry. The preceding elements of trust formation to the consultant capacity divided into ability, integrity, and benevolence of consultant. Also, the consultant capacity is to find out what effect the overall trust and customer satisfaction and re-contract. The results of the analysis, consultant capacity have positive(+) effects for the formation of the trust in the practice of consulting project, and consulting service trust has positive(+) effect in the relationship between customer satisfaction and re-contract. In addition, consulting service trust in consultant capacity appeared to has positive(+) mediating effects in the relationship between customer satisfaction and re-contract intend.

• Korean Journal of Construction Engineering and Management
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• v.13 no.3
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• pp.122-130
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• 2012

Currently, TK(Turn-key) projects have been implemented, the projects on TK basis still have shown several problems rather than its own merits as a bidding method. Increasing the number of claims being occurred during construction process of the projects is reality because of unclear notice of tender documents and conditions of the contract, design review system, and decision process of the qualified bidder. To establish desirable TK projects in domestic market, not only should resonable alternatives for carrying out design review system and selecting the bid winner be set up, but also proper standards for reforming irrational system of contract, bid, and notice of tender related to TK projects. This study is intended to reduce the number of claims and implement efficient projects of apartment construction on TK basis by identifying potential problems through analysis of claim examples of TK projects which have difficulties of revising contract agreement such as drawings and suggesting improvement methods for contract conditions and notice of tender docuements.

• Journal of the Korea Convergence Society
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• v.11 no.2
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• pp.109-116
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• 2020

Social media is growing rapidly as a means of promoting artists' artworks and a channel for sales. However, since social media is not fundamentally a platform designed for trading, it has various limitations that make it difficult to ensure trust and security in carrying out transactions. In this paper, it is proposed interoperability between social media and blockchain-based smart contract system that can record and preserve the artist's profile, information related to artworks and details of the contract on the blockchain. The proposed interoperability allows artwork trading participants on social media to maintain mutual trust and to conduct the contract transparently. Also, the proposed interoperability consists of an API provided by the social media developer or an open source API without having to modify existing social media. This study is expected to contribute to the growth of the art trading market on social media by complementing the art trading practices on social media.

• Journal of Internet Computing and Services
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• v.15 no.4
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• pp.57-65
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• 2014

Risk factors are the reason behind cost overruns and delays in long-term large-scale IT service projects. Major risks originate from the integration of complex IT system components, including software, hardware, and solutions; the competitive bidding process; the turnkey and firm-fixed price nature of contracts; and the project execution environment. We have identified several risk factors such as delay in acceptance, low quality of deliverables, delay in payment, adding and changing requirements and scope, unclear definition of roles and responsibilities of the buyer and supplier, and unclear procedures of change and quality management during the project execution phase. One needs to manage risks proactively before signing the contract. In order to weed out or lower the risk factors well in advance, we need to identify and remove risk factors contained in contract clauses and attached contract documents. We propose a checklist for assessing IT service project contracts. To validate the checklist's utility, we applied it to an IT service project in the finance industry. The results show that the checklist is effective in identifying and removing risk factors pertaining to IT service projects.

• Journal of Legislation Research
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• no.55
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• pp.57-94
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• 2018

Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

• Korean System Dynamics Review
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• v.8 no.1
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• pp.173-186
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• 2007

This research consists of (1) building (or molding) the Dynamics Simulation Model on Return Policy mainly used in publications, phonographs, and computer industry; which are seen used in supply chain contract known as effective control mechanism under the varied supply chain situations, and (2) analyzing the effects that return rates and seller's contract parameters have in the outcome of the model and (3) observing how the effectiveness of Return Policy changes under such circumstances where the buyer's sales ability and the seller's risk inclination are taken into account. Thus, the main purpose of this research lies in analyzing what exactly are the effects (and or outcome) that sales ability and risk inclination have in Return Policy, and additionally by conducting comprehensive research on Supply Chain Policy Dynamics Simulation Model, we will try to prove that not only the Systems Dynamics approach is highly contributive in supply chain management but also that it will serve as a foothold in future research. As a result of the research, supply chain achievement level turned out to be high when Return Policy is enforced, and the achievement level was even higher when seller's sales ability was taken into consideration along with the Return Policy. On the other hand, the achievement level decreased when the seller had risk aversive tendencies.