• Korean Journal of Construction Engineering and Management
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• v.20 no.1
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• pp.124-132
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• 2019

Notwithstanding the crucial contribution of international construction industry in the national economy, previous studies on international construction contracts had mainly focused either on trend investigation or market share analysis at a point of time. Fundamentally, the international construction industry is fragmented due to its project-based nature, is heterogeneous that has to involve different firms from diverse fields, and tends to be dynamic according to macroeconomic conditions. Therefore, the combination of static and dynamic analyses is necessary to understand its underlying structure. This study analyzes the market structure of international construction contracts using the data of 9,173 projects awarded by Korean construction firms from 2000 to 2017. Industry-level performance data is analyzed both in static (market concentration) and dynamic (market mobility and instability) methods, and detailed methodology is also provided. Consequently, the static analysis result shows that the competition among Korean construction firms has been more intensified, and the dynamic analysis result indicates that market positions of Korean construction firms are unstable and vulnerable in most of the regions and the sectors. The combination of static and dynamic indices is found to be helpful to understand the underlying aspects of market structure and can be utilized as an effective strategic reference in the highly competitive market.

• MARITIME LAW REVIEW
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• v.29 no.2
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• pp.115-144
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• 2017

The impact of the global financial crisis, which began in the United States in 2007, had a major impact on the domestic shipping and shipbuilding industries. In this regard, the domestic shipyard has established an order-taking strategy in several ways as an alternative to lowering the amount of construction of commercial vessels due to deterioration of the shipping industry, and selected industrial sector was the offshore plant sector. However, the domestic shipyard has under performed the offshore plant in order to just increase sales and secure work without any risk analysis for EPC contracts. As a result, the shipyard has been charged more than the initial contract price with the offshore plant contractor, or the shipyard has become a legal issue requiring payment of liquidated damages due to delays in delivery of the product. The main legal disputes are caused by the thorough risk analysis and the inexperience of process control that can occur during offshore plant construction. and In particular, there is no sufficient review of the unequivocal provisions in the contract as an element of risk management. There is no human resource to review these contractual clauses. Therefore, this study identifies the existence of specific risks that could lead to delays in offshore plant construction, and examined the existence of any unequivocal clauses in contracts for offshore plant construction. and also discussed how the toxic clause applies to the actual parties and how the concrete risk factors in the construction contracts are transferred and expressed by referring to the interviews with the project manager of the domestic shipyard and the previous research. As a result, This paper examined the legal liability of the contracting parties regarding delayed delivery of the products due to the offshore plant construction contract. And to improve the domestic shipbuilding industry.

• Journal of Convergence for Information Technology
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• v.11 no.2
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• pp.31-40
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• 2021

Blockchain technology is also actively studied in the real estate transaction field, and real estate transactions have various ways. In this paper, we propose a model that simplifies the authentication procedure of auction systems using Ethereum's Ether to solve the problem of offline court auctions. The proposed model is written in Ethereum's Solidity language, the court registers the sale date and the sale date with the DApp browser, and the bidder accesses the address of the individual's wallet created through Metamask's private key. The bidder then selects the desired sale and enters the bid price amount to participate in the auction. The bidder's record of the highest bid price for the sale he wants is written on the Ethereum test network as a smart contract. and creates a block. Finally, smart contracts written on the network are distributed by the court auction manager to all nodes in the blockchain network, and each node in the blockchain network can be viewed and contract verified. As a result of analyzing the smart contracts of the proposed model and the performance of the system, there are fees incurred due to the creation and use of Ether on platforms using Ethereum, and participation. Ether's changes in value affect the price of the sale, resulting in inconsistent fees in smart contracts each time. However, in future work, we issue our own tokens to solve the market volatility problem and commission problem with the value change of Ether, and refine complex court auction systems.

• Korea Trade Review
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• v.42 no.1
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• pp.257-281
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• 2017

It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.

• The Magazine for Energy Service Companies
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• s.34
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• pp.57-67
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• 2005

US GAO(US Government Accountability Office : 미국 회계감사원)는 US정부의 예산을 통합하여 관리하는 임무를 맡고 있다. 하지만 동시에 미국 내$\cdot$외의 정부정책과 활동에 관련된 정책분석, 프로그램 평가, 법적 선택 및 결정에 대한 감사역할도 하고 있다. GAO의 역할은 연방정부가 전세계에서 하고 있는, 건강보험부터 자국 안보까지의 모든 일을 포괄하고 있다. 이러한 GAO는 정부와 국회 증언에 사용될 GAO리포트를 매일 발간해 인터넷에 게시하고 있다. 지난해 12월 GAO는 미국 상원 예산위원회에 제출할 ''파트너쉽계약과 에너지절약수행계약에서의 예산과 문제점의 고찰(Partnership and Energy Savings Performance Contracts Raise Budjecting and Monioring Concerns)''이란 제목의 리포트를 발간했다. ESCO독자들에게 그 내용을 사례위주로 게재한다. 이 리포트의 전문은 미국 GAO홈페이지(www.gao.gov)에서 볼 수 있다.

• Electronics and Telecommunications Trends
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• v.35 no.5
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• pp.134-138
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• 2020

Blockchain is an enabling technology for managing data with high trust and transparency among connected computers. Blockchain emerged with the advent of the Bitcoin cryptocurrency, and then, evolved as general-purpose platforms such as Ethereum, EOS, R3 Corda, and IBM Hyperledger Fabric. The application of blockchain covers a broad range of areas such as fintech, decentralized identity, distribution, real estate trading, games, and drone air traffic management. Smart contracts are indispensable for constructing blockchain services. This survey classifies smart contract languages by their features and shows their differences from existing general-purpose programming languages.

• 제어로봇시스템학회:학술대회논문집
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• 2005.06a
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• pp.271-274
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• 2005

Under competitive power markets, various long-term and short-term contracts based on spot price are used by producers and consumers. So an accurate forecasting for spot price allow market participants to develop bidding strategies in order to maximize their benefit. Artificial Neural Network is a powerful method in forecasting problem. In this paper we used Radial Basis Function(RBF) network to forecast spot price. To learn ANN, in addition to price history, we used some other effective inputs such as load level, fuel price, generation and transmission facilities situation. Results indicate that this forecasting method is accurate and useful.

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.39-59
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• 2013

This article discusses the use of the UNIDROIT Principles of International Commercial Contracts in international commercial arbitration. Because the Principles are designed specifically for cross-border commercial transactions, the use of the Principles avoids many of the legal rules that would govern from otherwise applicable domestic law that do not reflect the expectations of parties in international trade.

• The Transactions of the Korean Institute of Electrical Engineers A
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• v.53 no.7
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• pp.414-419
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• 2004

In TWBP new uncertainty will be increased. Risk management is risen to a important problem. Vesting contract makes market Players trade at fixed price in TWBP early stages. In the case of advanced country, market players manage risk with a future contract. When a risk management method moves from vesting contract to future contract, it may have to use together two contracts for schedule period. In this paper, risk management strategy that use vesting contract and forward contract at the same time is proposed.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.47-69
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• 2012

This paper investigates the U.S. courts'attitudes toward the legal doctrine of adhesion contracts, which have been employed as contract defenses by individual consumers who have entered into consumer arbitration agreements with businesses. Some requirements have been added to the sole adhesiveness of the arbitration clause that can invalidate the arbitration clause, including unconscionability and unreasonable harshness. It seems that the U.S. courts have moved toward a more tightened stance in evaluating the validity of consumer arbitration clauses, favoring consumer arbitration.