• Journal of Korean Society of Water and Wastewater
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• v.20 no.1
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• pp.104-114
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• 2006

Recently, the PPP (Public-Private-Participate) program on water and wastewater services in Korea has been under an active debate. However, the controversy has reached the limits of getting more valuable implications from past foreign experience beyond conceptual and/or qualitative case studies. This paper analyze scientifically and quantitatively the Buenos Aires Water Concession Project focused on propriety of the contract using system dynamics modeling. The results show that Buenos Aires's Project has several problems in the contract phase even though Argentina government spent much time to design it. Analysis results suggest that estimation of K factor considering delay effect and future uncertainty, reduction of the first fixed terms of contract, etc., are needed for a proper contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.21
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• pp.3-37
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• 2003

English law accepts the basic principle of freedom of contract that the parties should be free to agree on any terms that they like unless their agreement is illegal or otherwise contrary to public policy because it infringes some public interest. On the other hand, it has been limited for hundreds of years on the basis that certain contract terms, particularly in standard form, may alter a distribution of risks that the customer would reasonably intended. The alteration may often result from his simple ignorance caused by either lack of opportunity to become aware of clauses or inability to understand their full potential implications. In addition, it may also result from disparity in bargaining power which does not allow the customer to look after their own interests even if he is fully aware of the unacceptable clauses. In response to this problem, English law has employed both judicial and statutory intervention techniques to control unfair contract terms. This study describes and analyzes in detail how English law regulates such terms, particularly, in standard form, in order to provide legal advice to our sellers residing either in UK or in Korea who plan to enter into UK markets. It also attempts to explore any problem in the existing double legislations of UCTA and UTCCR and put forward future direction of English law in light of the Draft Unfair Terms Bill which was currently proposed by the Law Commissioners. The main concern of this paper will be confined to some of the various aspects of both judicial and statutory control of unfair contract terms in English law which may draw our attention in terms of domestic or international business sales.

• Journal of the Korea Institute of Building Construction
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• v.6 no.3 s.21
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• pp.115-122
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• 2006

This study is aimed to get clear model for CM fee level in public construction project. For the practical use and main target, CM for fee contract only is assessed and analysed. Cost estimate by percentage of total contract sum and method based on the historical construction data have significant deficiency. An regression model and probabilistic model are suggested with 9 independent variables. In the case of limited work scope, an element based floor area model is suggested and concluded with fish-bone scheme.

• Proceedings of the Technology Innovation Conference
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• 2004.02a
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• pp.264-287
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• 2004

The minimum royalty should have two objectives. One is to guarantee the minimum license payment and the other is to screen the eligible licensee to prevent the licensee`s strategic behavior. In the licensing contract for public-to-private technology transfer, the latter plays more important role than the former in viewpoint of the successful technology transfer and commercialization. However, the minimum royalty falls into a dilemma to increasing the risk on the part of licensee in case of failure in technology transfer and commercialization. In our study, ex-post option contract will be suggested as a risk sharing mechanism to overcome above dilemma. The ex-post option contract means the contract which the licensee has the option whether to go or not at the time of manufacturing stage. To proof the usefulness of ex-post option contract, it is shown in the study that expected utility of a licensor and a licensee can increase with a certain constraint, which depends on degree of uncertainty and licensee`s risk aversion, after introducing the ex-post option contract. In spite of this constraint, the usefulness of ex-post option contract may be highly appreciated because its constraint is quite normal case in the real world.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.51-69
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• 2008

The financial industry in which arbitration is most frequently resorted to so as to resolve disputes is the sector related to the securities industry. Most securities related disputes are raised from broker-dealer controversies which is not new in the Republic of Korea. The disputes between securities brokers and customers are very frequently settled by arbitration in the United States. But the arbitration in the securities area may deprive investors from securities regulation's protection. Introducing the United States' Federal Supreme Courts cases, the author explores the logic of how the pre-dispute arbitration agreement compatible with Securities regulations. However, the author insist the South Korea should more careful in accepting pre-dispute arbitration contract in securities area. Mostly because of the lack of more specific way to secure substantive fairness in securities arbitration. Also the author worries about the possibility of prevailing pre-dispute arbitration agreement in all of the securities investment contract without any other choices, or securities laws' protection. But the author also suggests to introduce public securities arbitration system of the States, and also insists the way to secure substantive fairness, or the application of securities regulations in securities arbitrations. Which may be the pre-requirements for the pre-dispute arbitration agreement in securities investment contract.

• Journal of the Korean Dietetic Association
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• v.11 no.3
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• pp.299-308
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• 2005

The purpose of this study was to investigate the college and university student's perception on the brand awareness of contract foodservice management company in Incheon area. The developed questionnaires were distributed to the college and university students in Incheon area from September 20 to September 24 in 2004. Total 198 questionnaires were used for the final data analysis with response rate of 82.5%. The results showed that 85 % of the students has known that the foodservice operation was managed by contracted management company, only 56.5% of them have known the exact name of contract foodservice management company managing their cafeteria. It was recommended therefore that contract foodservice management company need more efforts for widening public activities for their company's name.

• Korean Journal of Construction Engineering and Management
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• v.6 no.5 s.27
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• pp.157-165
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• 2005

Recently, the term 'Provisional Sum(PS)' has been used in domestic public construction projects especially for civil works. Nevertheless, the guideline for PS has not been clearly stipulated in contract documents or construction-related laws. Due to these ambiguous contract situations, disputes between owners and contractors are surely expected to settle down PS in construction projects. This paper focused on suggesting a guideline to settle down PS in these ambiguous contract situations. The guideline suggested in the paper is expected to be used as a reasonable method to settle down PS avoiding nonproductive disputes about PS in construction projects

• Journal of the Korea Institute of Building Construction
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• v.15 no.4
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• pp.405-412
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• 2015

The procurement of public construction, which has been selected mainly on the basis of the work experience of a department of public agencies that award construction contracts or those in charge of ordering, has not been executed through an objective selection process considering the construction types or characteristics. Thus, as a preliminary study on developing a model for the selection of contract methods, this study intends to analyze and present the key factors affecting the selection of procurement methods in public construction. Through a literature review on the existing methods, foundational factors were first presented, based on the analysis of these factors, the final influence factors were proposed. As a result, 6 factors contractor's characteristics, the environment of the construction market, relevant organization, the characteristics of a project, costs, and responsibility factors were determined, and 14 sub-factors were selected. The factors presented in this study will be used as base data for developing a decision making support model for the selection of contract methods in public construction.

• Korean Journal of Construction Engineering and Management
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• v.12 no.2
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• pp.143-151
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• 2011

The process of design management by public client has not performed effectively due to lack of the formal guidelines and procedures in domestic public projects. The purpose of this research is to develop the guidelines and procedures of design management for public clients. The research methodology is to analyze current status of design management process in domestic and overseas cases and to develop the guidelines based on the administrative stages of design process along the project. The guidelines of design management developed by the design stages of pre-contract, contract, and post-contract stages to classify administrative procedures. The outcome of this research is able to be utilized by the public clients and design firms to standardize the process of design management and minimize potential risk during the process of the project.

• The Journal of the Korea Contents Association
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• v.19 no.8
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• pp.1-9
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• 2019

This research aims to empirically explore the link between evaluation management and performance of indefinite-term contract workers in local governments, perceived by public officials who are responsible for managing indefinite-term contract workers in local governments. In addition, this study examines the moderating effect of training for the relationship between evaluation management and performance. The results show the positive relationship between evaluation management and performance with the moderating effect of training for the link. This research contributes to expand the scope and level of the literature on indefinite-term contract workers through suggesting the empirical evidence among evaluation management, performance and training. Furthermore, the empirical results of this study have useful implications for local governments and public officials to construct management guidelines for indefinite-term contract workers.