• Journal of Korea Trade
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• v.27 no.4
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• pp.1-18
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• 2023

Purpose - The purpose of this paper is to study how flexibility and mutuality in determining trade terms impact logistics efficiency in the context of relational theory. Additionally, the effect of relational contracts on logistical efficiency relative to the value of the goods being traded is investigated. Design/methodology - According to the relational contract theory, we developed 17 factors utilizing a 7-point Likert scale to measure variables related to flexibility, mutuality, logistics efficiency, and the added value of goods. The survey occurred over four months, and was distributed directly, and via email, phone, and online Google surveys. A total of 403 surveys were collected out of 1,800 distributed, and 380 were analyzed. The principal respondents were import/export companies and members of the Korea International Trade Association and the Korea Small and Medium Business Export-Import Association. The collected data were analyzed using frequency analysis, exploratory factor analysis, and correlation analysis using SPSS ver. 26.0 statistical software, and hypothesis test results were derived using Process Macro ver. 3.5. Findings - This study provides evidence that negotiation flexibility for trade terms affects the efficiency of the logistics process, and the mutuality of such arrangements is shown to be associated with the flexibility and efficiency of logistics processes. Additionally, it has been established that companies whose trade goods possess a low degree of added value may experience increased efficiency in logistics operations if they agree to trade terms that are both flexible and mutually beneficial with their counterparts. Originality/value - This study suggests that in an environment of rapidly shifting global logistics and unpredictable related costs, trade companies may be able to improve logistics efficiency by establishing flexible, mutually beneficial trade terms when entering into contracts. Furthermore, it is suggested that companies dealing in low-value-added products may improve the logistical performance of approaching trade from a perspective of relational contracts.

• Journal of Distribution Science
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• v.12 no.4
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• pp.5-9
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• 2014

Purpose - The purpose of this study was to compare and contrast the applicability and effectiveness of both teukyakmeip contracts of Korea and consignment contracts of the United State to demonstrate the effectiveness and practicability of teukyakmeip in Korea. These are popular contract agreements between large retailers and their suppliers and vendors. In recent years, teukyakmeip was critically examined and scrutinized by the politicians, the media, and the public of Korea. Consequently, this paper focusesheavily on identifying and analyzing different types of contract agreements between large retailers and their suppliers that currently exist in Korea and compares and contrasts those analyzed contract agreements with teukyakmeip. The article also comparesand contrasts teukyakmeip with the consignment agreements of the United States to identify similarities and differences. Research design, data, and methodology - This study is a descriptive study and has used personal interviews to collect and analyze the data. This study also fits the definition of the case study wherein it is entirely focused on investigating a real-life event: analyzing and examining contract agreements in the distribution industry. Both randomly selected management and vendor representatives from the three major department stores, Lotte, Hyundai, and Shinsegae, in Korea were interviewed between July and September 2013. The analysis of the consignment agreement was conducted based on existing secondary data. Results - Although the evidence of the abuse of teukyakmeip and consignment by large retailers from both countries clearly exists, the findings suggestthat both contract agreements would remain as the most relevant and effective legal contracts between large retailers and their suppliers. Based on the comparisonanalysis of teukyakmeip and consignment, both contracts indicated that suppliers are fully responsible for inventory and inventory management. If sales person is necessary for promoting special product, then suppliers are responsible for providing a sales person and their wages under both contracts. However, American department stores, those located outside urban area, tend to use their own employees to perform special product and sales promotion. The retailersare fully responsible for any interior or floor design or redesign of the retail store to accommodate the products from vendors under consignment; however, both suppliers and retailers share the cost of designing and redesigning the interior to accommodate vendors'products under teukyakmeip. Suppliers are responsible for pricing and supplying the quantity of the products under both agreements. Both contracts allow special sales commission as long as vendors agreed. Vendors use this special commissionto introduce their new products or apply market penetration strategy. Conclusions -The findings of this study showed the changing pattern of contract agreements between large retailers and their suppliers from both countries. Furthermore, this study evidently generated policy implications of teukyakmeip which recently became the major social issue in Korea and attracted many policymakers to gain political points by criticizing the teukyakmeip system and the large retailers. The findings of the study would be valuable to policy makers in making appropriate decisions and to large retailers and vendors in making beneficial agreements. The major implication of this study is that teukyakmeip and consignment agreements include very similar or almost identical characteristics, and they are popular among department stores and suppliers. The issue of abolishing teukyakmeip in Korea needs to be examined cautiously because teukyakmeip is the best one available at the moment, and the study suggests that no one benefits from abolishing this system.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.159-193
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• 2015

Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.3-26
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• 2013

Seller's obligation on the Delivery of Goods and Handing over the Documents are key elements in Contracts for the International Sale of Goods. The United Nations Convention on Contracts for the International Sale of Goods(CISG) has been entered into force on 1 January 1988 to create international certainty and uniformity in the law and to govern issues that arise in an international sale of goods transaction. The Incoterms were first published by the ICC in 1936 and were most recently revised in 2010. Incoterms 2010 are entering into force on 1 January 2011. The Incoterms focus on the seller's delivery obligations and reflect the principle that the risk of loss or damage to the goods passes from the seller to the buyer when the seller has fulfilled its obligations to deliver the goods. This study highlights basic rules covering seller's obligation of delivery of goods and handing over the documents under the Incoterms 2010 and the United Nations Convention and Contracts for the International Sale of Goods. In the second chapter, this study will provide analyses and compare these two legal systems in relation to the basic rules governing delivery of goods and passing of risks in contract of sale. This chapter evaluates the meaning of Article 31 and Article 67(1) and FOB, CFR, CIF & FCA, CPT, CIP terms of Incoterms 2010. Chapter Three will focus on handing over the documents. Article 30 CISG imposes the seller's primary obligations to deliver the goods and to hand over documents relating to them. Article 34 CISG supplements the seller's obligation in relation to documents by providing that the seller must hand over documents relating to the goods. In contrast, Article 58(1) CISG imposes on the buyer the obligation to pay only when it has received the goods or documents controlling their disposition. I reviewed only some of the documents relating to the goods are documents controlling their disposition. This chapter considers the meaning of the phrase "documents that control the disposition of the goods and do not control disposition of the goods." Finally, the fourth chapter will assess the meaning of rules of CISG and Incoterms 2010.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.147-175
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• 2014

In contracts for the international sale of goods, a seller must deliver appropriate goods and hand over relevant documents according to a contract, which will transfer the ownership of the goods to a buyer. In this case, if there are defects in the contracted goods, the warranty liability will occur. However, in the United Nations Convention on Contracts for the International Sale of Goods (CISG), a term-the conformity of the goods to the contract-is used universally instead of the warranty. According to the CISG, a seller must deliver goods in conformance with the relevant contract in terms of quantity, quality, and specifications, and they must be contained in vessels or in packages according to the specifications in the contract. In addition, a certain set of requirements for conformity will be applied implicitly except when there is a separate agreement between parties. Further, the base period of conformity concerning the defects of goods is the point when the risk is transferred to the buyer. A seller shall be obliged to deliver goods that do not belong to a third party or subject to a claim then, and such obligations shall affect the right or claim of a third party to some extent based on intellectual property rights clauses. If the goods delivered by the seller lack conformity, or incur right infringement or claim of a third party, then it shall be regarded as a default item per the obligation of the seller. Thus, the buyer can exercise diverse means of relief as specified in Chapter 2, Section 3 (Article 45-Article 52) of the CISG. However, such means of relief have been utilized in various ways for individual cases as shown in judicial precedents made until now. Contracting parties shall thus keep in mind that it is best for them to make every contract airtight and they should implement each contract thoroughly and faithfully to cope with any possible occurrence of a commercial dispute.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.35 no.6
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• pp.1405-1412
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• 2015

In Korea, public infrastructure projects employ "long term continuation (LTC) contracts," which require budgets to be reevaluated and re-appropriated annually throughout the multi-year life of the project. However, such contracts also make it susceptible to frequently changing government policies, in which budgets required for existing projects are allocated to new projects and thus does not provide a consistent stream of capital to multi-year projects. Each year, the KEC needs to attain government funds for construction of its multiple highway construction sites. Because it is difficult to know the amount that may be actually appropriated to KEC in a given year, it is in turn difficult to anticipate and provide sufficient funds necessary for construction to run smoothly and continuously. The lack of a good logic for appropriation has resulted in projects having a skewed distribution of capital. To get better budget appropriations from the central government, the KEC first needs a systemized approach that rationalizes the annual construction capital optimally required for its individual sites. The goal of this research was to devise a way that allows the KEC to determine and calculate the optimal construction costs that would be required for its individual construction sites on an annual basis. Both the optimal progress rate and the essential work types were assessed through a workshop with 24 professionals (KEC employees and contractors) who had extensive experience in KEC projects and also were currently working in these projects.

• The Journal of Fisheries Business Administration
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• v.18 no.1
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• pp.37-57
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• 1987

This article discussed the characteristics of several Pareto-optimal incentive contracts between owner and labor, more specifically, four situations: reporting output jointly observable by labor ana owner; reporting both output and effort; incorporating other endogenous elements (like capital) that affect the production process and Pareto-optimal fee schedules; and ascertaining the effects of private pre-decision information private- decision information, and per-contact informational asymmetries. Also presented were several extensions of the basic contractual model, and the different components of agency costs associated with labor-owner contractual relations. In a single-period model, the agency problem exists because the uncertainty prevents the owner from using the cash flow to determine unambiguously the labor's action. Holmstrom(1979) suggests that "when the same situation repeats itself over time, the effects of uncertainty tend to be reduced and dystunctional behavior is more accurately revealed, thus alleviating the problem of moral hazard. " Under these conditions, if the labor selects the first-best level of effect in each period, the cash flow will be independent and identically distributed over time. As the number of periods increases, the variance of the labows average output, if he selects the first-best level of effort in each period, gets smaller. Note that for this diversification effect to occur, it is necessary that the owner evaluate the labor's effort over the entire history of his employment, rather than evaluate each period's performance separately. Radner(1980) and Rubinstein and Yaari(1980) consider the extreme case in which there are an infinite number of observations. They show that the owner can eventually detect and systematic shirking on the part of the labor by comparing the labor's average output with what would be expected if the labor had been selecting the first-best level of effort in each period. In a dynamic model with incentive problems we have demonstrated that the labor's second-period compensation will depend on his first-period performance. This allows the owner to diversify away some of the uncertainty surrounding the labor's actions. In addition, this allows the owner to smooth the labor's income over time by spreading the risk of the first-period outcome over both periods. At least some unexplored avenves in this area invite future accounting research: situations where owner has different incompatible objectives and negotiates a contract with labor; circumstances in which owner deals with multiple objectives and negotiates contracts with several labors simultaneously; the value of costly accounting information systems and communication in establishing, Pareto-optimal incentive contracts, and the value and effects of inside information, Thorough theoretical or empirical research on each of these topics not only would increase our knowledge about the role and significance of accounting information but could also provide explanations of the inherent differences among various organizations and in their economic behavior. behavior.

• Journal of Korea Port Economic Association
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• v.25 no.3
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• pp.93-116
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• 2009

As the popularity of logistics service outsourcing has been continuously growing, one of the most frequently addressed issues is how to estimate the effect of cost reduction for users and profit gains from outsourcing contract for providers. Many manufacturing companies agree that logistics outsourcing helps to reduce their operating costs, but some other companies still do not achieve the cost saving or do not trust logistics service providers, so they keep up in-house logistics operations. On the other hand, logistics service providers have low profitability from domestic business activities since they should meet the requirements for highly customized and diverse services from customers and unstable market situation. This study provided the status report dealing with logistics service contracts in Korea. From the focused group interview with logistics professionals, we found out that service scope, scale and cost structure are the most influential factors affecting logistics service contracts. Also, logistics service providers are more sensitive than users regarding value-added logistics service, contract duration and process. Moreover, this study also proposed the standard clauses for logistics service contract and types of logistics contract applied in current logistics fields. As a result, it is expected that these achievements from this study can be utilized to improve the satisfaction of logistics outsourcing in upgrading service quality and customer service level.

• Journal of Korea Trade
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• v.25 no.5
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• pp.39-57
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• 2021

Purpose - This research uses ocean marine insurance (OMI) statistics, international emails, focus-group interviews, and surveys to fill the gap between the theory of behavioral insurance, particularly status quo bias (SQB), and the practice of OMI in Korea. The contractual forms of OMI, the oldest and most globalized form of commercial insurance, were developed in the UK as the Institute Cargo Clauses in 1906 and revised in 1963, 1982, and 2009. SQB has been academically explored, mostly in health insurance and the financial services sector, but never in OMI. Thanks to the availability of OMI statistics in Korea, we can conduct SQB research here for the first time in this field. Design/methodology - We show the existence of SQB in the OMI of Korea through Korean statistics between 2009 and 2018, email correspondence with experts in the UK, Germany, and Japan, focus-group interviews with Korean OMI underwriters, an in-depth interview with one underwriter, and a survey of 15 OMI insureds (company representatives). Findings - We find that Korean foreign traders rely on the old-type OMI contracts developed in 1963, whereas other industrialized countries use the newest type of OMI contract developed in 2009. With a simple loss ratio analysis during 2009-2018, we show that the behavior of insurers has little to do with rational profit maximization and is instead driven by irrational bias, as they forgo the more profitable contracts provided by the new clauses by keeping the old clauses. The consistent addiction to old types of contracts in the OMI market suggests strong SQB among Korean exporters, importers, bankers, or insurers, which we confirmed in our interviews and survey. Originality/value - This research has significant originality and academic value because it reports new findings with crucial implications for the development of efficient trade practices and policy. First, this research is based on actual statistics that have not been used in previous Korean research on OMI. Second, this research shows that all-risk OMI policies provide more value to insureds, in terms of coverage given premium, than partial coverage policies, which differs from arguments previously made in Korea. Third, this research reveals strong SQB in Korea, where foreign trade plays a pivotal role in economic growth. That bias could be attributable to uninformed traders, informed but idle insurers, or conservative bankers. Fourth, to further develop foreign trade, policy initiatives are needed to review the current practices of OMI contracts and move forward with the new contract forms. All of these findings and arguments are both new and important.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.30 no.2D
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• pp.153-161
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• 2010

The city planning of a local government is a continuous process that does not end with the creation of a plan but proceeds through decision-making, monitoring and evaluation phases. As a new city planning is changed and confirmed, there is a chance to construct a large scale road that is connected with an under constructed road. In this case, the expansion of the width and length of road, the addition of bridges or tunnels, and the change of the size and location of interchanges lead to many changes on road design and construction. In the past, the consignment contracts for a road construction have been made in limited numbers and for limited civil works. Now, it is growing in numbers and is making for large scale multi-works. However, the standard process and guidelines for the consignment contracts have not been suggested yet, so there is difficulty in performing the consigned road construction effectively. In this paper, the important factors for the consignment contracts are determined by construction document reviews and expert interviews. Based on these results, a standard process for the consigned contracts and a guideline for agreeing on construction cost are suggested. The costs that should be paid by a consignor are also defined.