• 무역상무연구
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• 제77권
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• pp.43-67
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• 2018

Arbitration is one of alternative dispute resolution systems which settle a dispute by arbitrators(private persons) based on a contract between contracting parties without a judicial litigation system involved. As a valid arbitration agreement is an essential requirement for commencement of arbitration, the first thing to be determined is whether there is a valid arbitration agreement or not when a dispute is submitted. A consumer arbitration agreement usually exists as an arbitration clause in an adhesive contract between consumers and a seller. When consumers buy a product from a seller, they are requested to agree on a general terms and conditions which are unilaterally drafted by a seller in advance. These terms and conditions are not negotiable because it is an adhesive contract and consumers are placed in "take-it-or-leave-it" position. Therefore, even though there is an arbitration agreement between consumers and a seller, it has to be carefully considered whether it has a legal effect or not. In this respect, a court will examine if an arbitration agreement has procedural unconscionability and substantive unconscionability. Therefore, as U.S is a well-advanced and arbitration-friendly country, this paper analyzes four U.S cases to find out (i) what a court considers, (ii) how a court examines and interprets procedural and substantive unconscionability and (iii) if there has been a change in regard to a court's decision. By doing so, it will provide some suggestions and guidelines for a consumer arbitration in Korea.

• 한국건설관리학회논문집
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• 제6권1호
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• pp.162-168
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• 2005

건설공사의 계약 이후에 발생하는 물가변동에 의한 계약금액의 조정방법으로 지수조정율 방식이 널리 활용되어 왔다. 그러나 지수조정율에 의한 방식에 사용되는 생산자물가지수는 건설공사의 특성이 반영되지 않은 범용적인 지수이기 때문에 실제 건설공사의 물가변동에 대한 설명력이 매우 부족하다. 이에 본 연구에서는 기존의 지수조정율에 의한 계약금액 조정방식의 문제점을 활용 지수측면에서 규명하고, 건설사업의 특성을 반영할 수 있는 건설공사비지수의 활용을 통하여 이러한 문제점을 개선하고자 하였으며, 사례연구를 통하여 그 효용성을 검증하였다.

• 디지털융복합연구
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• 제6권1호
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• pp.11-19
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• 2008

The Bidding System of the public IT project in Korea is fallen behind, because of the ordering habitual practice based old system, overcompetition based sealed bid and subcontract practice. To innovate this old-fashioned practice for public IT project bidding, this paper wants to generate a proper improvement direction of the public IT project contract law and the related policy through the literature review about the ordering and receiving system in Korea, the practical survey about bidding marketplace in Korea, and competition between bidding system and/or policy of major countries: USA, UK, France and Japan. As a result of practical survey, many problems of the current public IT project bidding system came out and improvement ideas toward future situation turned up. These outputs implicate that the current law and system related public IT project demands better improvement work for the future ubiquitous Korea. Therefore, this paper, to solve these problems about bidding systems and practice, propose the new public IT project contract law and the related policy, reflecting these improvement ideas by the practical survey and the literature review, and benchmarking points from bidding system of other countries.

• 대한안전경영과학회지
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• 제20권3호
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• pp.1-9
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• 2018

This study is intended to look into the effect of construction safety supervision system on risk control and reduction. To achieve this, a survey was carried out to 114 companies in construction, ordering, contract and management. The overall findings were as follows. The effect of construction safety supervision system on risk control and reduction showed that factors of supervision system, supervision cost and supervision method had a positive effect on risk control and reduction. And their perception of the introduction of safety supervision system in construction sites according to process showed that there was a difference between them according to the field of ordering, contract and supervision. There was the biggest difference between owner and contractor in double supervision system, but no difference between them in the perception of risk reduction. These results show that all ordering, contract and supervision are positively needed for the introduction of construction safety supervision. This means that there is a difference between owner and contractor in the perception of process according to system operation. All companies agree to system improvement by the settlement of safety supervision system for the prevention of safety accidents and safe construction, but the systematic complement of safety supervision is the burden of contractor. And there is a big difference between owner and contractor in the perception of responsibility and concern for cost burden.

• 한국문헌정보학회지
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• 제57권1호
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• pp.435-456
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• 2023

이 연구는 전자책 수급 계약이 전자책 관외대출의 합법적인 근거로서 역할하기에 충분한 요건과 내용을 갖추고 있는지 그 실태를 점검하고, 아울러 도서관의 전자책 수급 계약의 현황과 특성을 파악하기 위한 것이다. 이를 위해서 전자책 대출과 관련된 법적·기술적 환경을 고찰하고, 전자책 관외대출의 법률적 근거로서 라이선스 계약에 반드시 포함되어야 할 요소들을 정리하였다. 이를 바탕으로 실제 계약 사례에서 이러한 요건들이 적절하게 반영되고 있는지 분석하였다. 2020년도부터 2022년까지 3개년 동안 나라장터를 통해서 입찰이 이루어진 계약 43건을 대상으로 그 실태를 점검하여 그 문제점을 지적하고 개선방안을 제안하였다.

• 한국문헌정보학회지
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• 제51권3호
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• pp.265-292
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• 2017

본 연구의 목적은 특정 지역(A시 B구)의 지역 문화재단 설립 관련 정책 사례에서 공공도서관 포함 여부를 둘러싼 정책 행위자들의 행태를 파악하여, 도서관이 문화재단에 위임 운영되는 정책결정이 어떻게 산출되었는지 탐색하는 것이다. 이를 위해 정책과정 기간 중 공개된 행위자들의 다양한 자료를 수집하여 정책옹호연합모형(Advocacy Coalition Framework: ACF)을 기반으로 분석하였다. 분석 결과, 해당 지역에서 도서관 위탁반대연합이 내세웠던 핵심신념인 공공성과 사서의 전문성 중 공공성만이 위탁옹호연합에 수용된 것으로 나타났다. 이러한 사례와 유사사례의 비교를 통해, 핵심 신념으로서 사서의 전문성은 상대연합의 신념을 변화시키는 데에 효과적인 것으로 나타났다. 따라서 도서관 서비스를 지역의 다른 공공서비스와 차별화, 전문화하는 것이 공공 도서관의 직영을 유지하는 데에 요구되며, 이는 도서관의 일상적 서비스가 지역의 도서관 관련 정책의 결정에 영향을 미치고 있음을 의미한다.

• 한국식품영양과학회지
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• 제33권7호
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• pp.1162-1168
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• 2004

In this study, based on SSOP (Sanitation Standard Operating Procedure) for HACCP in Food Sanitation Act, essential facility, equipment and documentary records for HACCP implementation were identified. Usage and adoption of these devices at Korea Food ＆ Drug Administration appointed HACCP foodservices ("Appointed"), voluntary HACCP applying foodservices ("Voluntary applying") and HACCP non-applying foodservices ("Non-applying") have been compared. Total 46 contract foodservices were surveyed： 13 "Appointed" (65％ of nation-wide all appointed food services in February, 2002),17 "Voluntary applying" and 16 "Non-applying". For usage and adoption of facility and equipment, 18 out of total 27 surveying items showed significant differences at the three foodservice groups (p＜0.01 or p＜0.05). Specifically, following items showed lower usage than 70％ in the "Appointed"： ′A trench including grease trap′, ′3-compartment sink with hot water′. Regarding CCP monitoring tool installation, 8 out of total 9 items showed significant differences among the groups (p＜0.01 or p＜0.05). For the usage of 10 documentary recording items for HACCP application log, 7 items showed significant differences among the groups (p＜0.01 or p＜0.05). Resultantly, most of those essential facilities, equipment and documentary records ;were used only in the "Appointed". The limited usages of those were showed for the "Voluntary applying" where the dietitian answered they applied HACCP voluntarily. The "Non-applying" didn′t have many surveyed items.

• 대한영양사협회학술지
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• 제13권2호
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• pp.138-156
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• 2007

The purposes of this study were to a) measure the service quality attributes of foodservice type such as school foodservice, hospital foodservice and business & industry(B&I) foodservice, managed by contract management company(CMC), b) compare with service quality attributes by CMC scale, c) analyze overall customer satisfaction(CS) by the foodservice type and the CMC scale, and d) identify the effect of service quality attributes on an overall CS by the foodservice type and the CMC scale. The questionnaires were handed out to 6,620 customers of 207 school, 38 hospital, and 86 B&I foodservices in 108 CMCs. The statistical data analysis was completed using SPSS Win(ver 12.0) for descriptive analysis, t-test, reliability analysis, and multiple linear regression analysis. From an analysis on service quality attributes, 'proper arrangement of table and chair at hall distribution(3.53)', 'operation of nutrition education(3.50)' were highly perceived to student, 'correctable serving(4.08)', 'serve at fixed distribution time(4.08)', 'kindness of serving employee(4.04)' were highly perceived to patient, 'employee's kindness(3.84)' were highly perceived to customer of B&I. In comparison of service quality attributes by CMC scale, most scores of large enterprise(LE) were significantly higher than small and medium sized enterprise(SME) in school foodservice, hospital foodservice and B&I foodservice. Overall CS levels were 3.53 out of a maximum 5 on B&I, 3.46 on school, and 3.44 on hospital and were evaluated differently CS score by CMC scale. Finally, regression results for the effects of service quality attributes on overall CS by each of foodservice type were identified significantly different service quality attributes by foodservice type such as school, hospital, B&I(p<.001) and by CMC scale. For considering the goal of enterprise on profit-making through CS and the needs of customer on CS at moment of truth(MOT), the findings should be applied to the CMC and the foodservice industry.

• 한국조리학회지
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• 제8권3호
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• pp.213-230
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• 2002

The meaning of foodservice industry is various but especially its most important one contains a service industry. And so, foodservice industry should provide very impressive service to customers. if workers don't satisfy themselves at the works, they can not give a high qualifying service to the customers. Therefore, this study showed how the worker's satisfactory degree depending on working type effects on the growth of foodservice industry. The conclusions by questionnaires to workers who have worked as both a regular and a contract employment at Special First Degree Hotels in Seoul are followings. Very interestingly, the proportion of satisfying degree for the workers as regular is 34.94% but the degree for workers as contract is 36.8%. The reason is that the average age of regular workers is high and they have their family to support and they have changed their job more often than the others. They can express their problems through a labor union but the part of solution is very small. It must cause to decrease satisfying degree. The workers generally satisfied to their senior employers. It means that the negative image of higher-ups in the past has been changed. It is a serious problem that the proportion of satisfaction degree remains 30%. The managements must perceive the fact that the increase ratio of contract workers does not make low quality of service. They should know that the satisfaction degree of regular workers is lower than contract ones. In order to increase the satisfaction degree, if the managements can find out the way of taking over their authority and giving a motive, they can reduce the ratio of occupation change and nonattendance. And also they can promote the productivity in foodservice industry and in conclusion, the foodservice industry will have glowed very successfully in the near future.

• 한국건축시공학회지
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• 제3권2호
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• pp.95-102
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• 2003

Financial difficulties and claims frequently stop construction works and cause subsequent contract cancellations. However, as the criteria to assess costs have not been established, many cases of legal disputes over the assessment of cancellation costs are taking place and the concerned parties are suffering the loss of time and money. Therefore, the present research aimed at developing a rational and systematic model of cancellation cost assessment following the cancellation of contracts. The research was carried out in the following methods and scopes. 1 ) The research was focused on the assessment of fair cancellation costs from constructors' side for contracts cancelled by any causes for which the owners have liability. 2) To obtain basic materials about cancellation cost assessment methods, contracts, claims, contract cancellations and construction-related laws at home and abroad were examined. 3) A cost assessment model was developed for systematization and efficient operation of cancellation cost assessment, and the reliability and efficiency of the proposed model was verified through a case study. The conclusions drawn from the research are as follows. The importance of the cancellation cost assessment model was confirmed as, using the cancellation cost assessment model, direct cancellation cost and indirect cancellation cost could be assessed systematically, the number of disputable items could be reduced because reasonable evidences of actual spending were presented, and the loss of constructors could be minimized because systematic and rational cost assessment became possible for many disputable cases of indirect cancellation cost, which the constructors had been unable to prove so far though having spent.