• Title/Summary/Keyword: contracts

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A Study on the Cognition of University Students about Insurance Industry (보험에 대한 대학생들의 인식수준에 관한 연구)

  • Jeong, Jung-Young;Kang, Jung-Chul
    • The Korean Journal of Applied Statistics
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    • v.22 no.1
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    • pp.163-170
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    • 2009
  • The purpose of this article is to measure the level of insurance industry's social cognition based on the university students' survey questionnaire. For this, this study analyzes the cognition of students on the level of social reliability, the causes of low reliability, and the measures of enhancing the reliability level about insurance industry. For the analysis of survey questionnaire, partially ranked data analysis was employed. The results show that most students recognize that the reliability of insurance industry is lower than that of other financial industry such as banks and securities firms. The main reason for this low reliability is the lack of sales forces' specialty, the complexity of insurance products and contracts, and negative media release about insurance industry. To enhance the social reliability level of insurance, establishment of the future insurance image is essential, and that can be achieved through strengthening the insurance education and public relations and simplifying insurance products and contracts.

Several Issues regarding Article 79 (Exemption) of the U.N. Convention on Contracts for the International Sale of Goods(CISG) (국제물품매매협약(CISG) 제79조(면책)와 관련한 몇 가지 쟁점)

  • KIM, Son-Guk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.1-21
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    • 2015
  • U. N. Convention on Contracts for the International Sale of Goods (hereinafter the 'CISG' or the 'Convention') has been in force more than 37 years. The CISG responds to the need for uniform sales law. First of all, the biggest barrier against the uniformity in sales law is so-called "homeward trend". Professor Honnold, who served as secretary of UNCITRAL during the time in which the CISG was developed, pointed out the danger of "homeward trend" like this in his Article. "One threat to international uniformity in interpretation is a natural tendency to read the international text through the lenses of domestic law." CISG Article 79 is the principal provision governing the extent to which a party is exempt from liability for a failure to perform any of his obligations due to an impediment beyond his control. So-called 'Manfred Forberich' decision regarding the article 79 represents the most extreme example of what is likely the most dangerous error that tribunals applying the CISG can make. CISG Article 79 only governs impossibility of performance, and there is a controversy whether a disturbance which does not fully exclude performance, but it considerably more difficult or onerous(hardship, change of circumstances, economic impossibility) can be considered as an impediment. Unlike PICC and PECL, the CISG governs contract of sale. Therefore, events such as a sudden increase in the price of raw materials or a dramatic devaluation of currency, will not allow the seller to avoid his liability for non-delivery of the goods or to require renegotiation of the terms of the contract of sale. We should bear in mind that the CISG should be interpreted and applied in the context of the CISG itself.

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Designing Revenue Sharing Contract for Irrational Newsvendors (소매상의 비합리성을 고려한 공급사슬의 수익 공유 계약 설계에 대한 연구)

  • Lee, Jung Min;Seo, Yong Won
    • Journal of the Korean Operations Research and Management Science Society
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    • v.41 no.2
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    • pp.101-127
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    • 2016
  • Irrational ordering decisions of supply chain members have been gaining growing importance in the area of supply chain management. Irrational ordering behaviors that deviate from the profit maximizing decisions in the newsvendor settings have observed with human experiments in recent research. These behaviors can be modeled with several typical decision bias elements. This bias in ordering decisions affects the performance of supply chain contracts designed based on the assumption that the supply chain members make optimal decisions, making it necessary to design supply chain contracts by considering the irrationality. The purpose of this research is to derive a method to design the revenue sharing contract that considers human irrationality in ordering decisions. This research considers a simple two-echelon supply chain consisting of one supplier and one retailer, where the supplier is assumed to be perfectly rational while the retailer making newsvendor type ordering decisions displays irrational ordering behaviors. Under this environment, this research analytically models the revenue sharing contract to maximize the total supply chain profit or the supplier's own profits while considering the three decision bias patterns of the retailer, which include the pull-to-center effect, the prospect theory, and the increased subjective sensitivity to the revenue sharing ratio. Irrationality parameters are measured through human experiments based on which and through numerical simulations, we showed that significant improvements in the supply chain performance can be achieved.

Regionalism and Globalism of the Animation Industry : The Case Study of Chuncheon Animation Cluster (애니메이션 산업의 지역화와 국제화 : 춘천 애니메이션 클러스터에 관한 사례연구)

  • Kwon, Jae-Woong
    • Cartoon and Animation Studies
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    • s.12
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    • pp.56-72
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    • 2007
  • The purpose of this study is to analyze the characteristics of animation cluster in Chuncheon. It has been over 10 years since Chuncheon was designated as the cluster raising the animation industry. The Chuncheon cluster is trying to differentiate through managing several unique strategies. In order to realize the micro-regionalism, it focuses on co-production not with domestic companies but with foreign companies. Especially, for establishing the whole concrete production pipe-line, it concerns to make co-production contracts dealing with not only for the main production part but also pre- and post-production parts. Based on these production experience, it is building the production complex in the name of ICT convergence cluster. The changed role of the policy-management organization(Gangwon Information & Multimedia Corporation, GIMC) enables these differentiated strategies by itself. The establishment of the Asian Animation Round(AAR) is recognized as the characteristic of macro-regionalism. Starting from the year of 2006, the AAR tries to place Chuncheon as the hub of animation production in Asia and focuses on constructing the network of animation production countries that have developed their production capabilities through sub-contracts. This type of production and market bloc has not been made before.

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A Study of Mediative Function by Contract on the Relationship between Employer's Power and Contractor's Behavior (발주자 권력과 시공사 행동 관계에서 계약의 매개적 기능에 관한 연구)

  • Kim, Junghoon;Kim, Seungchul;Boo, Jeman
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.6
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    • pp.135-143
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    • 2018
  • Normally there is a one-time relationship between stakeholders in the construction projects. Thus, project participants are easily exposed to opportunistic behavior. According to the theory of transaction costs, a contract effectively influence the behavior of counter-party. The important role of contracts in limiting opponent opportunistic behavior has been academically acknowledged and studied in inter-firm relationships. The purpose of this study is to reveal the mediating effect of the contract on the power of the contractor in the contractor's behavior. Power is divided into mediated and non-mediated power. We surveyed construction companies' employees who have conducted construction projects. Based on the questionnaire response, we examined the influence of the Employer's power on the behavior of the contractor. Both non-mediated power and mediated power were significant for in-role and out-role behaviors. Both non-mediated power and mediated power were found to have a significant effect on the control and coordination function of contracts. The results show that the control function of the contract is significant for the in-role behavior and the extra-role behavior. Finally, the mediating effect of the contract function was significant only in the control function.

LFG Utilization in Hong Kong (Case study of the Shuen Wan and Urban Landfills)

  • Lloyd, Bryce;Chan, Louis;Nardelli, Ray;Sullivan, Kevin
    • Proceedings of the Korean Institute of Resources Recycling Conference
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    • 2001.05b
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    • pp.85-91
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    • 2001
  • This paper provides a case study of landfill gas (LFG) utilization fer direct use as process fuel, and for electrical power generation at restored landfills in the Hong Kong Special Administrative Region of China (HKSAR). The paper specifically covers the LFG utilization schemes, which are required under landfill restoration contracts at the Shuen Wan and Urban Landfills. These contracts provide for the restoration and aftercare of six landfills, and are administered by the Environmental Protection Department (EPD) of the Hong Kong Government. The LFG utilization scheme at the Shuen Wan Landfill incorporates the direct use of LFG by compressing and dehumidifying the LFG prior to conveyance through a 1.6-kilometer (1-mile) pipeline. The pipeline provides an alternate fuel source to naphtha during process heating for gas production at the Tai Po Gas Production Plant of the Hong Kong and China Gas Limited (HKCC). The LFG utilization scheme at the Jordan Valley Landfill (one of the Urban Landfills) beneficially uses the LFG as fuel for electrical power generation with reciprocating internal combustion engines. The LFG is compressed, cooled, and filtered prior to delivery to two engine/generator sets. This system provides power to operate the leachate pre-treatment plant, which processes leachate from all of the Urban Landfill sites. The case study will examine the technical and non-technical considerations, including harriers, for developing, designing and implementing the LFG utilization projects in Hong Kong. Specific regulatory considerations and external governmental agency approvals are discussed, including the requirement to register as a gas-producing utility. While the paper focuses on LFG utilization applications in Hong Kong, many of the considerations discussed are also applicable to development of LFG utilization in other regions of Asia.

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A Development on a Predictive Model for Buying Unemployment Insurance Program Based on Public Data (공공데이터 기반 고용보험 가입 예측 모델 개발 연구)

  • Cho, Minsu;Kim, Dohyeon;Song, Minseok;Kim, Kwangyong;Jeong, Chungsik;Kim, Kidae
    • The Journal of Bigdata
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    • v.2 no.2
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    • pp.17-31
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    • 2017
  • With the development of the big data environment, public institutions also have been providing big data infrastructures. Public data is one of the typical examples, and numerous applications using public data have been provided. One of the cases is related to the employment insurance. All employers have to make contracts for the employment insurance for all employees to protect the rights. However, there are abundant cases where employers avoid to buy insurances. To overcome these challenges, a data-driven approach is needed; however, there are lacks of methodologies to integrate, manage, and analyze the public data. In this paper, we propose a methodology to build a predictive model for identifying whether employers have made the contracts of employment insurance based on public data. The methodology includes collection, integration, pre-processing, analysis of data and generating prediction models based on process mining and data mining techniques. Also, we verify the methodology with case studies.

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The Applicability of he UNIDROIT Principles in Interactional Commercial Arbitration (국제상사중재(國際商事仲裁)에서 UNIDROIT 원칙(原則)의 적용가능성(適用可能性))

  • Oh, Won Suk
    • Journal of Arbitration Studies
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    • v.9 no.1
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    • pp.161-182
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    • 1999
  • The purpose of this paper is to examine the applicability of the UNIDROIT Principle in international commercial arbitration. For this purpose, I have studies the basic two characters of this Principles: One is of general rule(principle); Another is of international and commercial character. According to CISG, questions concerning matters governed by the CISG which are not expressly settled in it are to be settled in conformity with the general principles, so this Principles will cover many questions which are not expressly settled in the applicable law, by gap-filing, analogy or usage. In the preamble of this Principles, there are five cases in which the Principles shall be applied or may be applied. If the disputes are submitted to the any national court, the application of this Principles would be restricted because of the mandatory rules of national, international or supranational origin. But the disputes are submitted to arbitration, the arbitrator would have more discretional powers to apply the Principles than the judge. The reason is that in the arbitration, the arbitrators do not bear obligation to act in conformity with the law applicable by virtue of the rules of rules of private international law. I also examined the applicability of the Principles in cases which there are no mentions in preamble: When the international arbitrators choose the Principles; When the arbitrators decide ex aequo et bono; When the both parties have not chosen the governing law; When there are gaps in domestic law chosen by the parties; When the applicable domestic law is insufficient. In all these cases, the Principles may be applied more easily and conveniently in arbitration than in litigation. Thus to envisage the application of this Principle in international arbitration, first both parties in international commercial contracts should incorporate this Principle as a governing law in their contracts, and second, the arbitrators should try to apply this Principles in their arbitrations by choice, analogy, general principles or usage.

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Understanding of the Procedure of International Commercial Transaction under Contractual Approach Method (계약을 중심으로 하는 국제무역거래과정의 이해 - 정형거래조건을 중심으로 -)

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.41
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    • pp.3-21
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    • 2009
  • To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

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Identification of Contractual Risk Factors for Application in the Overseas Construction Projects based on FIDIC Red Book 1999 Edition (해외건설공사관련 계약적 리스크 인자에 대한 연구 - FIDIC Red Book 1999년판 기준 -)

  • Hyun, Hak-Bong;Park, Hyung-Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.36 no.6
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    • pp.1153-1160
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    • 2016
  • There have been many studies on the subject of risks in the Construction Industry and many useful results have been produced. However, risk studies on the conditions of contract, which is the most critical contract documents, has not been tried despite of its contractual function in the overseas projects. In this study, various contractual risks are identified for proper and reasonable evaluation of the contractual risks possibly encountered in the Tender and/or Contract stages of the Projects. For development of study, FIDIC Red Book 1999 Edition which is world widely recognised as a standard conditions of contract prepared for the projects designed by the Employer. Contractual risks are divided into three levels and applicable clauses are assigned to each appropriate risk factors. And table of major contractual risk factors are made using the classified levels of each factors with evaluation criteria as a result of this study. As this study is made only for the conditions of contract which is prepared for the construction contracts designed by the Employer, further studies for other types of contracts such as Design-Build (FIDIC Yellow Book), EPC/Turnkey (FIDIC Silver Book) and recently developed Design, Build and Operate type of contract (FIDIC Gold Book) are required to cover various types of projects executed in the world construction markets.