• Title/Summary/Keyword: contracts

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A Study on the Ship Sale and Purchase Brokers' Liability as Agent in English Maritime Law (영국 해사법상 선박매매 브로커의 대리인 책임에 관한 일고찰)

  • Jeong, Seon-Cheol
    • Journal of Navigation and Port Research
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    • v.37 no.6
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    • pp.617-625
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    • 2013
  • "Sale and purchase brokers" are independent contractors who act as agents for principals intending to seller or buy ships in English Maritime Law. The essential feature is that legal position of shipbroker is largely one of agency. They can be obtained by a study of the Lloyd's Register or the equivalent registers of other Classification Societies, the American Bureau of Shipping and Korean Registers. Such a broker is of valuable assistance to the prospective seller or purchaser. And the broker's liability normally arises in the context of a contract. But, expressed in general terms, those contractual obligations are, in absence of contrary agreement, to act with reasonable care and skilled to obtain the cover requested by his client not to guarantee that such will be concluded and to ensure that the scope of the policy, its essential terms and relevant exclusions are made known to the insured. Acting in this professional capacity, the broker's liability are such that the facts upon which an action for breach of contract may be based may also found an action for the trot of negligence provided that there is shown to be the necessary 'assumption of responsibility' by the broker conveyed directly or indirectly to the insured. This thesis deals with liability of S&P Brokers, the legal problems of ship broking, commission, conflicts of interest and secret commissions in English Maritime Law and the Cases.

Controlling Shareholders' Propping and Corporate Value in Korean Firms (지배주주의 프로핑과 기업가치)

  • Kim, Dongwook;Jung, Mingue;Kim, Byounggon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.9
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    • pp.112-119
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    • 2016
  • This study aims to examine propping by the controlling shareholders and the corporate value of Korean firms with agency problems and propping perspectives. Propping refers to a transfer of resources from a higher ownership firm to a lower ownership firm, in order to prevent the latter from going bankrupt. This study used a sample of 4,077 companies listed on the KRX data exchange from 2004 to 2014. We used proxy variables such as long-term supply contracts, asset and business sales, credit facilities, loans, and equity investments to affiliates as wealth transfer instruments of the controlling shareholders. We found that propping occurred by the equity investment of affiliates in Korean firms. Also, we found that the Korean firm's value was decreased by the affiliate equity investment.

Effects of Supplier's Competence on Customer-Supplier Long-term Relationships : with emphasis on the cosmetics industry (공급업자 역량이 공급업자와 구매업자의 장기지향적 거래관계에 미치는 영향: K화장품 기업을 중심으로)

  • Lee, Yong-Hak;Han, Sang-Lin;Na, June-Hee;Yoon, Dong-Han
    • Journal of Distribution Research
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    • v.13 no.4
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    • pp.71-95
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    • 2008
  • Transaction between industrial suppliers and their buyers in business markets increasingly take place in the form of long-tenn business relationships. These relationships are governed through formal or informal agreements. Dynamic business markets are also forcing B2B marketers to create flexibility in their firms. However, buyers are bound in their rationality and find it impossible to contemplate all possible future contingencies. The more formal and detailed the contracts they conclude, the likelier it becomes that at least one buyer is going to perceive a need to adjust the initial agreement as environmental events unfold. In this case, the actor relies upon industrial supplier's competence. Our study purpose is to examine the consequences of supplier's competence on the industrial customer-supplier long-tenn relationship. Antecedent variables of supplier competence include R&D, flexibility, brand asset, market sensing, and customer support service. We presented a comprehensive constructive model consisting of components of supplier's competence and the antecedent factors. Research hypotheses were developed and data were gathered from respondents who work in the cosmetics industry. The results discussed here represent a first step towards a better understanding of the role of supplier competence in the B-to-B cosmetics industry. Managerial implications and the limitations of this research were also discussed.

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Factors Influencing on the Turnover Intention of Female Care Workers (돌봄 여성 노동자의 노동특성이 이직의사에 미치는 영향)

  • Kim, Min-Ju;Kim, Nam-Sook
    • Korean Journal of Family Social Work
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    • no.43
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    • pp.37-59
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    • 2014
  • The purpose of this study is to analyze and find the relative importance of the factors impacting on the intent to leave among the female care worker's the labor properties, Total 540 questionnaire were distributed and collected from 387 female care workers working at the area of Daegu and GyeongBuk. The logistic regression analysis was used to analyze the relative importance among the factors. The results of the study are the followings: Academic ability, lower subjective-evaluation of remuneration, non-business contracts, labor intensity, the relationship between the user, the relationship between the agency providing are factors influencing on the turnover intention. In other words, higher education, lower subjective-evaluation of remuneration, more work than the contract, higher labor intensity, the female care workers have higher probability of turnover intention. Based on the results of the study, this paper suggests some implications as policy and practice.

Measurements on Legislation of User-Protection Act in the Era of ICT-Convergence (ICT융합에 따른 방송통신 이용자보호 법제의 합리적 개선방안)

  • Park, Jong-Su
    • Journal of Legislation Research
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    • no.44
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    • pp.103-153
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    • 2013
  • This article aims at the legislation of User-Protection Act in area of ICT. In these days telecommunication and broadcasting are getting more and more convergent. The paradigm of ICT is turning over from the service provider to the end-user. User protection has been in each erea of ICT (C-P-N-D) individually regulated. In the area of telecommunication it is important to protect the interest of user, who stands in contract with the service provider. And in area of broadcasting it is important to protect the interest of viewers, who stands "gratis" with the broadcasters without any contracts. For the more efficient user-protection it is also necessary to make a dedicated organization under KCC(Korean Communications Committee). In this early year the government organization was divided into MSIP(Ministry of Science, ICT and future planing) and KCC. The user-protection act will be very important instrument of ICT regulation in the era of creative economy. It is necessary to establish a new frame act of user protection. It is also necessary to make start to establish a new system of user education in erea of ICT. It is strongly expected the new act will be a turning point of ICT development in Korea.

The Effect of Conflict Over Construction of Private University Dormitories on Licensed Real Estate Brokerage (사립대학 기숙사 건립 갈등이 공인중개업에 미치는 영향)

  • Lee, YunHong
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.6
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    • pp.34-43
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    • 2021
  • While universities are making every effort to improve the housing welfare of university students by establishing new dormitories, the construction of school dormitories has intensified the conflict with other certified real estate businesses on the basis of their right to survival. Thus, it is necessary to analyze the causality in the conflict to coherently understand the conflict between these stakeholders. To do so, this study conducted a survey questionnaire on certified real estate businesses in the vicinity of private universities with dormitories in the metropolitan area. This study targeted licensed real estate brokerage agencies that conclude rental contracts in view of different stances, and control the real estate rental market by controling their conflict. Investigated the influence relationship between universities and licensed real estate brokerage agencies in relation to construction of private university dormitories and the effect of this conflict on management performance of licensed real estate brokerage agencies, and analyzed the relationship among relevant variables to see if their dormitory recognitions have a moderating effect. In addition to analyzing the causality of conflict level (perceived conflict, expressed conflict), conflict management, conflict outcome, and management performance, the study also verified the moderating effect of perception on dormitory and the mediating effect of conflict management. The results showed that conflict level had a negative (-) effect on conflict management, while the perceived conflict and conflict management of the conflict level had a negative (-) effect on the conflict outcome. In the relationship between perceived conflict and conflict outcome, conflict management had a complete mediating effect while expressed conflict had a partial mediating effect. Lastly, the perception of university dormitories did not have a moderating effect for the influence of conflict management on conflict outcome.

A Critical Evaluation of the Moon Jae-In Administration's Policies on Non-standard Employment in the Public Sector of Korea (문재인 정부 1년 공공부문 비정규직 정책 평가: 정책 패러다임의 전환?)

  • Hwang, Sun-Oong
    • Korean Journal of Labor Studies
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    • v.24 no.2
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    • pp.29-59
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    • 2018
  • This paper examines the achievements and limitations of the Moon Jae-In administration's first-year policies on non-standard employment in the public sector of Korea. The most remarkable achievement was that the transition rate of non-standard to standard positions reached the highest historical level of 42.1 percent, mainly by including for the first time temporary agency workers as a target of those policies. There also have been many steps taken to relax the qualification for transition, reduce the number of exception clauses, and expand union participation. In contrast, policy measures to address problems of low wages and inequality were very limited and not significantly different from those of previous administrations. As a result, the success of the policy paradigm shift pursued by Moon's administration will be determined by how aggressive measures are being taken in the next policy steps to improve such problems of low wages and inequality.

Evaluation and Implications of the German Riester Pension Scheme (독일 리스터연금제도의 평가와 시사점)

  • Kim, Won Sub
    • 한국사회정책
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    • v.25 no.3
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    • pp.279-303
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    • 2018
  • Since the introduction of the Riester Pension Scheme, the controversy has continued in the policy studies and the political debates. This study evaluates the achievements and limitations of the German Riester pension scheme and tries to derive policy implications for South Korea. As a result of the analysis, the most worthwhile achievement of the Riester Pension is to strengthen the role of the private pension schemes. Unlike other private pension schemes, it included a large part of lower income households. It also opened a new perspective of utilizing private pension schemes to accomplish the goals of the family policy. Despite these attainments, it does not reach the promised coverage rate. It also was revealed that the higher income households have concluded more Riester Pension Contracts than the targeted lower-income households. Due to high administration fee and incomplete information problems, benefit levels are supposed to be much lower than expected. It concludes, above all, despite some achievements, the Riester Pension Scheme will not fill completely the gap of old age income security caused by the reduction of the public pension system. The German case provides fruitful lessons for Korea. The introduction of a subsidized personal pension scheme in South Korea can be realized only when some prerequisites would be satisfied such as the consolidation and maturing of public pension schemes and the strengthening of the transparency in the private pension market.

A Study on the Feasibility Evaluation of Overseas Wind Power Projects with RETScreen Software (RETScreen를 활용한 풍력발전사업의 투자 적절성 평가 사례 연구)

  • Lee, Ju-Su;Choi, Bong Seok;Lee, Hwa-Su;Jeon, Eui Chan
    • Journal of Climate Change Research
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    • v.4 no.2
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    • pp.105-114
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    • 2013
  • Recently, foreign direct investment of Korea has increased significantly. Foreign direct investment is motivated by various reasons and renewable energy investments in foreign countries can be performed by many causes. Korean companies can enjoy the export of products, related EPC contracts, acquisition of the knowledge of the project management technique, pre-occupying effect of the market and profit itself. Wind power projects have biggest share in the investment amounts among the renewable energy business. So, in this study, one wind farm project was selected and supposed to be invested in China, USA, Germany and UK at the same time and the effect of electricity price, corporate income tax, inflation rate and interest rate of debt were analyzed. The result showed that investing in Germany is most profitable because of the highest electricity price and electricity price and debt interest rate are the most sensitive factors for IRR. This approach would be helpful to make decisions in investing foreign wind power projects.

Why are Cleaning Workers Precarious? - Subcontracted Female Cleaning Labour and Fictional Korean Social Protection (청소노동자는 왜 불안정(precarious)한가? -하청 여성 청소노동과 한국 사회안전망의 허구성)

  • Lee, Sophia Seung-yoon;Seo, Hyojin;Park, Koeun
    • Korean Journal of Labor Studies
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    • v.24 no.2
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    • pp.247-291
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    • 2018
  • This study investigates the employment structure and the social safety net experience of the subcontracting cleaning workers in Korea, who have been main targets of the labor outsourcing despite the necessity and permanence of their labour. This study specifically focuses on the fact that these subcontracting cleaning workers are mostly female and in their old age, and analyzes how the combination of their age, gender, and employment structure leads to the (mis)match with the Korean social security system. Case study with in-dept interview method has been conducted to the old-aged female subcontracting cleaning workers in Korea. The result of this study is as follows. It was the income insecurity that led them to (re)enter the labour market, and the cleaning work was the almost the only wage work they could do considering their age and gender. Cleaning workers are mostly employed in the subcontracting company, and thus their labour contracts depend on the business contract period between the original and subcontracting company. Consequently, their employment relationship is mostly insecure unless they are guaranteed employment succession through the collective agreement of trade union. Moreover, it has been discovered that the employment insecurity due to the indirect employment relationship led to the poor labour conditions, low wage, and the exclusion from the social safety net.