• Title/Summary/Keyword: contracts

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Determinants of Insurance Products Cross-selling Performance : Focusing on Career Experience (직업경험을 중심으로 한 보험상품 교차판매 성과의 결정요인 분석)

  • Son, WooCheol;Kang, ShinAe
    • Journal of Service Research and Studies
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    • v.9 no.3
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    • pp.39-60
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    • 2019
  • The purpose of this study is to analyze the determinants of insurance product cross selling performance. For the study, 11 insurance managers and 2 sales managers belonging to A insurance agency were selected and in-depth interviews were conducted. The analysis of the research data was done by the open coding method suggested by Strauss & Corbin(2001). As a result, 84 concepts, 28 subcategories and 10 categories were derived. The ten categories that were determinants of insurance product cross-selling performance were personal characteristics, consultation method, cross-selling ratio, sales culture, education, customer change, customer DB provision, satisfaction, business support system, and customer service. In order to verify the qualitative results, quantitative analysis was emplyed to the actual performance data of insurance planners belonging to A insurance agency during April 2016~March 2019. As a result of the analysis, the age, position, and the number of months worked in the insurance company had a statistically significant effect on the number of life insurance contracts in total insurance contracts and life insurance contracts in total insurance contracts. In addition, the age, position, and the number of months worked in the insurance company had a statistically significant negative impact on the number of non-life insurance contracts in the total number of insurance contracts and the total amount of insurance contracts in total insurance contracts. The result of this study can be an important basic data for the development of educational programs and job support systems for the training of insurance planners. Insurance companies should refer to ten categories derived from qualitative research in order to increase the performance of insurance planners and to promote long-term service. Especially, it is necessary to develop specialized education programs and job support systems so that cross sales that increase the proportion of life insurance sales increase.

The Rules of law for the Hardship in the UNIDROIT Principles of International Commercial Contracts (국제상사계약에 관한 UNIDROIT원칙에 있어서 이행곤란(Hardship)의 법리)

  • Hong, Sung Kyu;Kim, Yong Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.3-34
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    • 2013
  • In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.

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A Study on the Risk Management of International Sale Transactions (국제물품매매거래의 위험관리에 관한 고찰 - Lite-On 사건의 위험관리적 분석을 중심으로 -)

  • Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.30
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    • pp.59-88
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    • 2006
  • After sources of risks are identical and measured, a decision can be made as to how the risk should be handled. A pure risk that is not identical does not disappear ; the business merely loses the opportunity to consciously decide on the best technique for dealing with that risk. The process used to systematically manage risk exposures is known as risk management. Risk management is the logical process used by business firms and individuals to deal with their exposures to loss. It is a strategy of preloss planning for postloss resources. Besides, in the enterprise judiciary researches the textbook and the instance which relate risks, and reflects it to the written contract provision and various every manuel or holds seminar. It is a risk management which this talks generally. Here it stands but it becomes a problem the quality of type and countermeasure of risks. The purpose of this paper aims to explain adequate preventions to positively predict the risk this before being materialized, in practical section which is directly exposed to these risks in introducing international sale contracts(for example, the FOB and CIF contract) and the active management method of the risk which accompanys to the execution. And also analyzes the Lite-On case which relates with an international sale contracts.

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Optimal Contract under the Nagoya Protocal for the Benefit Sharing (나고야의정서 하에서 생물유전자원 이용의 최적계약 연구)

  • Park, Hojeong;Jung, Byenggoan
    • Environmental and Resource Economics Review
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    • v.26 no.1
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    • pp.85-101
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    • 2017
  • The objective of the Nagoya Protocol is to enhance biodiversity by the mean of economic incentives but there has been yet consistent lack of realized contracts between genetic resource users and holders due to the asymmetric information among the parties. This paper presents a principle-agent model to provide optimal contracts under asymmetric information in order to achieve the sustainable biological resource. The model concludes the royalty contracts over the fixed lump-sum benefit transfer as profit sharing mechanism.

A Study on the Remedies in Digital Information Transaction - Focusing on the urn A Part 8 - (디지털정보거래에 있어 계약위반에 대한 구제에 관한 연구 - UCITA 제8장을 중심으로 -)

  • Han, Byoung-Wan;Seo, Min-Kyo
    • International Commerce and Information Review
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    • v.12 no.3
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    • pp.79-98
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    • 2010
  • The National Conference of Commissioners on Uniform State Laws promulgated the Uniform Computer Information Transactions Act (UCITA) in 1999. In 2000 and 2002, this Act was also Amended. UCITA provides a comprehensive set of rules for licensing computer information, whether computer software or other clearly identified forms of computer information. Computerized databases and computerized music are other examples of computer information that would be subject to UCITA. It would also govern access contracts to sites containing computer information, whether on or off the Internet. UCITA would not govern contracts, even though they may be licensing contracts, for the traditional distribution of movies, books, periodicals, newspapers, or the like. Part 8 of UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, 808 of UCITA recognizes the focus in a license context for a licensor's remedy should properly be on recovery for benefit conferred or for lost profit, rather than on damage measurement by a substitute transaction, where the license is non-exclusive so additional transactions are permitted and there is very little cost in reproduction of the information and its redistribution. Section 816 of UCITA also contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context.

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A Study on the Scope of Application of Preliminary Draft Convention on International Contract Concluded or Evidenced by Data Message (국제전자계약준비초안(國際電子契約準備草案)의 적용범위에 관한 비교 연구)

  • Oh, Won-Suk
    • International Commerce and Information Review
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    • v.4 no.2
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    • pp.1-12
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    • 2002
  • The purpose of this paper is to examine the scope of the application of Preliminary Draft Convention, which will be fixed as international uniform rules soon, in relation to the CISG. First, this Draft Convention will cover service contracts as well as sales contract of goods, but the license agreement will be excepted because it does not transfer the complete property. Second, this will cover the commercial contracts(sales or services) concluded by data message fully or partially. Third, this will be applied in international contract regardless of contracting states or non-contracting states. As it is very difficult to confirm the places of business of contracting parties in on-line contracts, the first criterion to confirm them is the indication by the party in each contract. This presumption may be supplemented, if they are not indicated in the contract, by the location of the equipment and technology supporting an information system used by a legal entity for the conclusion of a contract. It is essential to establish an international uniform rules as soon as possible in order to activate the international businesses with on-line basis. Thus this author hopes that this paper will contribute to the clear understanding to the scope of application of Preliminary Draft Convention for which the UNCITRAL is under working.

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Advance Preparations of Parties for Changing Circumstances of International Business Contracts - in relation to adaption of contracts - (국제계약(國際契約)의 사정변경(事情變更)에 대한 당사자(當事者)의 사전대응책(事前對應策) - 계약(契約)의 적응(適應)과 관련하여 -)

  • Gang, Lee-Su
    • Journal of Arbitration Studies
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    • v.8 no.1
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    • pp.269-291
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    • 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.

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The Sphere of Applicability of the CISG (국제물품매매계약(國際物品賣買契約)에 관한 유엔협약(協約)'의 적용범위(適用範圍))

  • Han, Kyu-Sik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.193-213
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    • 2000
  • The CISG has been legislated for playing roles as uniform rules which govern international sale of goods. The job of getting unification of the diverse domestic legal systems required almost half century of work. In the process of making the Convention some rules resulted from compromises of nation's relevant interests. The Convention, however, promoted both the legal certainty and harmonization in international trade in that the uniform rules suggest the appropriate resolution to the legal problems in the course of concluding a contract as well as in remedies for breach of contract. This paper focuses systematically on the scope of applicability of the CISG. The Convention deals with contracts for the international sale of goods. However, it does not apply to all kinds of the international sale of goods. The CISG confines the sphere of applicability to a certain type of sales. First of all, the CISG is limited to those contracts having been concluded between a particular group of persons, which is called a personal aspect of applicability. Secondly, the CISG covers a specific category of sales, which is called a material aspect of applicability. Thirdly, the CISG are concluded within a particular period of time, which is called a temporal aspect of applicability. Lastly, the CISG is limited to contracts falling within a given territorial sphere, which is called a territorial aspect of applicability.

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The Study on the Musical Theatre Industry of America -Focused on the Foundation of Artists' Unions and the Expansion of Their Interests- (미국 뮤지컬 산업 연구 -미국 공연예술분야 조합의 형성과 권익 신장에 관한 연구-)

  • Jung, Young-Mee
    • The Journal of the Korea Contents Association
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    • v.15 no.6
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    • pp.115-124
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    • 2015
  • In recent days, the issues regarding the artists' status as labor and improvements of laboring circumstances, creating the well-fare system for artists are raised in our society. This paper searches for the process of various artists unions which are performing the important roles in the musical theatre industry in the U.S.A. The artists unions have developed the bargaining contracts and strengthened the protection of their original works. The discussions among many unions provide useful information to the independent artists when they make contracts in our Korean musical theatre market.

An Analysis of Customer Satisfaction by Operational Characteristics in Business & Industry Foodservice Operated by Contracted Foodservice Management Company (위탁운영 사업체급식소의 운영현황에 따른 고객만족도 분석)

  • Yang, Il-Sun;Han, Kyung-Soo
    • Journal of the Korean Society of Food Culture
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    • v.14 no.5
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    • pp.487-495
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    • 1999
  • The objectives of this study were to analyze customer satisfaction by operational characteristics in business & industry foodservice operated by contracted foodservice management company. The instruments were developed by reviewing literatures on customer satisfaction and by intervewing with managers, employers and customers. A total of 1000 questionnaires were hand delivered at the ten contracted foodservice operations by designated coordinators. A total of 833 questionnaires were usable; resulting in an 83.3% response rate. Statistical data analysis was completed using the SAS 6.04 for description, T-test, ANOVA. Overall customer satisfaction score for office building foodservice was significantly higher than those for manufacturing company foodservice. As for the type of management contracts, overall customer satisfaction score for management fee contracts was significantly higher than those for profit and loss contracts. With regard to payment method, overall customer satisfaction score for meal card was higher than those for POS system. Concerning the categories of service, overall customer satisfaction for combo-tray service was higher than those for cafeteria-tray service and partially self-service. As for types of menus, the score of overall customer satisfaction was not significantly different between cafeteria menu and double choice menu.

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