• The Journal of the Korea Contents Association
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• v.20 no.4
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• pp.508-517
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• 2020

Servitization presents an innovative model to create business value in the automotive industries. This study set out to introduce a servitization model based on the rental business of the tire industry and identify determinants to affect the renewal of contracts around the service types of servitization and the characteristics of customers. Independent variables include the service types, demographics and regions, and inflow channels in 163,742 contracts by case companies in the nation in 2016~2019 with the renewal of contracts as a dependent variable. Correlations between variables were analyzed through cross-tabulation and binary logistic regression analysis. The findings show that the contract renewal rate had positive(+) relations with customized service and negative(-) ones with vehicle maintenance service. There were differences in the contract renewal rate according to such customer characteristics as gender and region, but no clear correlations were found in the age group and vehicle type(domestic/foreign). Of the inflow channels, offline channels tended to have a higher renewal rate than online channels. At open malls, contract renewal increased by 8.4 times due to contract switches at offline channels. Based on these findings, the study discussed directions for practical strategies with regard to the development of new service, implementation of customer-centric servitization, and management of sales channels according to the servitization of manufacturers.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.51-55
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• 2007

This thesis deals with the legal principles, case law decisions and suggestions for the Sale & Purchase of ships concerning enactment proposal of maritime law. Recently, the shipbuilding market has shown a major shift towards East Asia, particularly Korea, Japan and China. The major Korean shipyards in particular have engaged in substantial investment programmes both to expand their overall shipbuilding capacity and to enter new markets, such as for liquefied natural gas(LNG) carriers. The Korean Government has recently taken interest in the sale & purchase of used ships, utilizing the Internet and has made plans for building the Shipping Exchange in korea. So this thesis examines the situation of the world's shipping industry and the different kinds of the Sale & Purchase of ships. deals with the legal principles, and case law decisions. describes Forms of Shipbuilding Contracts and Memorandums of Agreement of second-hand ships. And makes suggestions for 1) the Shipbuilding Contracts of the shipowner's Association of Korea and 2) The Korean Shipbrokers' Association's Memorandum of Agreement for Ship Sale & Purchase in the korean shipping industry. Having reached the end of this thesis. the writer suggests to make terms of sale of ships in the korean civil code and commercial code, Additionally. the writer suggests to make a special law in relation to the Sale & Purchase of ships. Furthermore, the writer suggests expanding the Shipping Exchange in Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.257-281
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• 2011

The duty of utmost good faith is found in sections 17-20 of MIA 1906. Critics of the current legal regime on the pre-contractual duty from the viewpoint of the assured, have been concentrated on two points in particular. First, the scope of the duty is so wide that it imposes too high burden on the assured. The second criticism is directed at the remedy, prescribed by the MIA 1906, s.17, against breach of the duty. This article intends to analyse the legal implications of proposals in CP 2007 for reforming pre-contractual duty of utmost good faith of business assured in English insurance contracts law and the problems of proposals. The Law Commissions are proposing four fundamental changes to meet the long-standing criticism and the results of analysis are as following. First, the Law Commissions are proposing a change in the test of constructive knowledge in relation to the duty of disclosure so that a business assured will be obliged to disclose facts which he knows or a reasonable ought to know in the circumstances. Secondly, deviating from the current legal position, the Law Commissions are proposing that if a business assured has made a misrepresentation, but the assured honestly and reasonably believe what it said to be true, the insurer should not have any remedy due to the misrepresentation. The proposal is designed to protect the reasonable expectations of business assured at the pre-contractual stage. Thirdly, the Law Commissions are proposing to change the test for materiality by replacing the "prudent insurer" test by a "reasonable assured" test. The proposed test would focus on the question of what a reasonable assured in the circumstances would think what is relevant to the judgment of the insurer. Finally, the Law Commissions are proposing flexible remedies in case of the breach of the duty. The Law Commissions are proposing no remedy when an assured is acting honestly and reasonably, while avoidance in case of dishonesty. On the other hand, The Law Commissions seem to have an intention to introduce a compensatory remedy in case of negligent breach of the duty.

• Journal of the military operations research society of Korea
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• v.37 no.1
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• pp.49-70
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• 2011

This paper re-evaluated the research on the accounting information's effectiveness in military construction contracts, questioning the former research results on the central army's construction contract that was under the Qualification Assessment System, especially concerning the relations between the accounting information and the bidding ratios as well as the relations between the bidding rates and the defect rates, which targeted between 1 to 10 billions civil engineering, construction, electricity, telecommunication, and environment work types. Unlike the previous results, the relationship between the accounting information and the bidding rates was shown to be considerably limited that the bidding ratio could not be identified through the accounting information, while it could discern the relations with the defect rates. Furthermore, the proven results did not support the hypothesis that the differences in bidding rates could affect the defect ratio. However, through the prediction model of bidding and defect ratios, we could identity the accounting variables that influenced the ratios. Additionally through the results regarding the non-financial indexes in the Pre-Qualification items, the weight on these indexes could be adjusted. In conclusion, the research results has given us new understanding of the problems in the Qualification Assessment System which accounts for the majority of the current military construction contracts and provide validity on the government's expanded implementation of the Lowest Price Award System.

• Journal of Arbitration Studies
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• v.18 no.2
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• pp.79-102
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• 2008

When several parties are involved in a dispute, it is usually considered desirable that the issues should be dealt with in the same proceedings, rather than in a series of separate proceedings. This saves time and money. It avoids the possibility of conflicting decisions on the same issues of law and fact, since all issues are determined by the same tribunal at the same time. Where there is a multi-party arbitration, it may be because there are several parties to one contract, or it may be because there are several contracts with different parties that have a bearing on the matters in dispute. In international trade and commerce, for individuals, corporations or state agencies to join together in a joint venture or consortium or in some other legal relationship of this kind, in order to enter into a contract with another party or parties, where such a contract contains an arbitration clause and a dispute arises, the members of the consortium or joint venture may decided that they would each like to appoint an arbitrator. A different problem arises where there are several contracts with different parties, each of which has a bearing on the issues in dispute. A major international construction project is likely to involve not only the employer and the main contractor, but also a host of special suppliers and sub-contractors. Each of them will be operating under different contracts often with different choice of law and arbitration clauses. The appointment of the arbitrator or the composition of the arbitral tribunal should be in accordance with the agreement of the parties. The parties have to be equally treated in the constituting of the arbitral tribunal and the arbitral proceedings. However, the right of the parties to nominate a member of the arbitral tribunal could be taken away from them, if they are subject to the restrictions by means of the law of the country where the arbitration is taking place. That is, multiple parties jointly should nominate one arbitrator, where there they have to exercise their substantive right in common, or one of them exert his substantive right, then it has an effect on another parties, or they, whether as claimant or as respondent, get the same or similar treatment in the arbitral procedure. Therefore it is necessary to intend to settle multi-party disputes quickly and efficiently.

• Journal of Internet Computing and Services
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• v.19 no.5
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• pp.1-11
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• 2018

The Blockchain is a technique that prevents data from being manipulated and guarantees the integrity and reliability of the data by all participants in the network jointly owning and validating the data. Since the Blockchain characterized by security, scalability and transparency, it is used in a variety of fields including logistics, distribution, IoT and healthcare, including remittance. In particular, there is a growing interest in smart contract that can create different forms of contracts and automate implementation based on Blockchain. Smart Contract can be used to pre-programme contracts and are implemented immediately when conditions are met. As a result, digital data can be more reliable. In this paper, we are conducting a study on the smart contract design as a way to solve such problems as illegal misuse of funds on virtual currency, which has become an issue recently. Through this process, we applied the customer identification and money laundering prevention process using smart contract, and then check the possibility of preventing money laundering and propose the ASM (AML SmartContract Mechant) design.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.51-82
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• 2010

The "rules of private international law" or "conflict of law rules" work to determine the governing law, the law applicable to international contracts. These rules permit parties' autonomy to choose the law applicable to their contracts in cases of both litigations and arbitrations. In this regards, the present article examines parties' five options for the choice of the law governing their contracts, which the parties should consider when negotiating and drafting an international agreement. This means that parties in international contracting should check the contents of the law that they are to choose as the governing law before doing so. The first option is to submit the contract to its own law, which can be the safest and simplest solution generally. However this option is subject to the consent of the other party, and is not appropriate when the domestic law chosen contains mandatory rules strongly protecting the other party. Secondly, the option of choosing the other party's law is not preferable in general. Even though the other party is strong enough to succeed in insisting on applying its own law, the other party is advised to counter-offer a neutral solution by suggesting the application of a transnational set of rules and principles of international contract, such as Unidroit Principles. The third option to choose the law of a third country should be taken with the caution that it should be harmonized with either, in case of litigations, the international jurisdiction clause which makes the country chosen have the jurisdiction over the dispute arising under the contract, or, in case of arbitrations, the way of selection of the arbitrator who has good knowledge of the law chosen. The fourth option of submitting the contract to the lex mercatoria or the general principles of law including the Unidroit Principles can be a advisable solution when a dispute is designed to be submitted to experienced arbitrators. The final and fifth is to be silent on the choice of the governing law in contracting. This option can be usefully available by experienced negotiators who are well familiar with the conflict of laws rules and enables the parties to avoid the difficulties to agree on the governing law issue and leave it open until a dispute arises.

• Journal of the Korea Society of Computer and Information
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• v.19 no.6
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• pp.129-138
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• 2014

The Electronic contract means creation sign management and storage of contract by online without limitations of the time and space through the electronic signature and encode which based on the Certificate instead of the past that treatment the contract such as creation sign management and storage of contract by face-to-face. Recently, the remarkable development of information and communication technology with supplying the high-speed Internet services. Accordingly, the transaction contract made by these also, the steady legal effect occurred by two or more parties by legal action which is the electronic agreement of expression. and it makes agreement improving corporate productivity and it can control the whole process such as contract documents and the actual buying store provision. Like this it has many benefits so, it suddenly rising as the new axis of economic activity area, it is a reality. In this change of era, with the establishment of electronic contracts, there are many problems are occurred to the expression of parties which is core of the contract on civil code so, the systematic legal composition is required. Thus, in this study will propose the reasonable improvements about the issue of electronic contract through the consideration.

• 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.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.9 no.9
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• pp.819-831
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• 2019

The types of properties traded in modern times are rapidly increasing due to changes in consumption patterns. However, as the type of properties traded increases, estimation about the value of properties may become inaccurate. There is a problem that it is difficult for consumers to estimate the right value and the variety of trading forms makes it difficult to guarantee the reliability of value estimation As access to a variety of properties has expanded, these shortcomings are considered to be a factor that hinders the stability of the shared economic market. In this paper, to resolve this issue, we present a blockchain-based property contract service through a trusted broker. The developed service registers trusted brokers into smart contracts on the Ethereum blockchain and use them for the evaluation and contract process of properties. In addition, registered contents, proposals and contracts of properties are stored in the blockchain to ensure the reliability of the contract process. Every step of the contract process is stored in the smart contract, recorded in the transaction history of the blockchain, ensuring the reliability of the stored data. In addition, the entire process of registration, proposal, and contract is driven by smart contracts designed by state machine technology, enabling users to more securely control the contract process.