• Title/Summary/Keyword: re-contract

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The Corrections of Errors in the Estimations on the Nonstandard Workers Scale by an Empirical Analysis of Bogus Self-employment in Korea (한국의 가짜 자영업 추정을 통해서 본 비정규 근로자 규모의 오류)

  • Seo, Jeonghee;Park, Kyung Ha
    • 한국사회정책
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    • v.23 no.3
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    • pp.49-77
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    • 2016
  • The aim of this study is to reveal errors in the estimations on the nonstandard workers scale which have resulted from little consideration for bogus self-employment. Bogus self-employment means disguised employment relationships that are considered to be self-employed workers even though they have inherent subordination. The methods of previous studies estimate that the bogus self-employed workers are excluded from estimations because they are not workers in principle. We analyze the scale of the bogus self-employments using the empirical data [the Korean Welfare Panel of 2008-2013(six wave panel)] to re-estimate the scale of non-standard workers. In 2013, the year of the last wave, the percentage of the bogus self-employment was high, the proportion of them is 28.5% among self-employment without owning a place of business. Our results expect the number of contract workers from re-analysis would be over 740 thousand when reflecting on the predictive value in the actual number of paid workers. In conclusion, it is necessary to apply reasonable methods of analysis concerning the scope and scale of the nonstandard workers for the sake of coping with measures against the problem of nonstandard workers. The aim of this study is to reveal the estimation error on nonstandard workers' scale which are resulted from having no consideration for bogus self-employment. Bogus self-employment means disguised employment relationship that is considered as self-employment workers even though they have inherent subordination. The methods of previous researches' estimation on nonstandard workers have the problem that the bogus self-employment workers are excluded from estimation because they are not workers in principle.

Comparative Study of the Requirements for the Buyer's Right to Require Delivery of Substitute Goods under the CISG and the Korean Civil Act

  • Lee, Yoon
    • Journal of Korea Trade
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    • v.26 no.1
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    • pp.81-98
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    • 2022
  • Purpose - This study aims to compare the requirements under the United Nations Convention on Contract for the International Sales of Goods (CISG) and the Korean Civil Act (KCA) regarding the buyer's right to require the delivery of substitute goods. The buyer's right to demand substitute delivery not only protect them from the seller's breach of contract but also preserves the contractual bond between the parties by providing an opportunity for sellers to protect their goodwill and circumvent the extreme remedy of avoidance. However, as substitute delivery entails additional efforts and costs for return and re-shipment, this right should not be allowed in every case of defect. Additionally, unlike the CISG, the KCA contains no specific provision related to the requirements for claiming substitute delivery. Therefore, it would be meaningful to examine and compare what requirements should be fulfilled before the buyer exercises the right in relation to non-conforming goods under the CISG and the KCA. Design/methodology - We conducted a comparative study of the requirements under the CISG and the KCA regarding the buyer's right to require delivery of substitute goods given a seller's delivery of non-conforming goods. Additionally, we referred to the opinions from the CISG Advisory Council, the draft of the KCA amendment, and related precedents, mainly focusing on the existence and severity of defects, reasonableness, and timely notice and requests as the major requirements for substitute delivery. Findings - The results of this study can be summarized as follows: First, the CISG provides more detailed requirements about the right to require delivery of substitute goods; by contrast, the KCA does not stipulate any such requirement. Thus, specific requirements for substitute delivery should be included when amending the KCA. Second, the CISG attempts to minimize overlapping and conflict with other remedies by specifying detailed requirements for the delivery of substitutes. Third, both the CISG and KCA require reasonableness for substitute delivery. Originality/value - Although there are no explicit legal requirements for substitute delivery under the KCA, there has been relatively little discussion of this issue to date. Therefore, the findings of our study can guide future revisions of the KCA to fill this loophole. Moreover, the recently released CISG Advisory Council opinion that clarifies the continuing confusion and debate, can help distinguish which remedy is suitable for a particular case. It may provide practical advice for businesspeople in international trade as well as legal implications for the future development of the KCA.

An Exploratory Study on the Outsourcing Strategies of Highway Rest Areas in Korea (고속도로 휴게소의 아웃소싱 전략에 관한 탐색적 연구)

  • Jeon, Ki-Heoung;Chung, Young-Ju
    • Culinary science and hospitality research
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    • v.11 no.4 s.27
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    • pp.102-117
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    • 2005
  • It was maintained that successful establishment and accomplishment of outsourcing might be possible only when those eating-out companies re-establish their concept of management strategy, identify core competencies through value-chain analysis, make a through cost analysis, select cooperative companies via overall screening, expand the area of outsourcing, enhance partnership to improve service quality, harmonize bilateral organization culture, remove the ambiguity of contract terms, protect core competencies of the rest area, continue with evaluation and control, and spinoff or invest to a new specialized business. Then, it was suggested that highway rest area business construct the core competencies and introduce outsourcing from a future-oriented viewpoint so that they can concentrate the competencies to competitive area and expand outsourcing scope to professional area such as finance and accounting, general affairs, personnel affairs, logistics, marketing, and R&D. They need to make out the problem of productivity reduction resulted from many years working employee's old age, refine human resource, and maintain the standards of skill so that they can improve service quality of the rest area, streamline each organization currently having so a large manpower, reduce manpower, and improve the productivity.

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A Development of the Risk Identification Checklist through the Re-establishment of Risk Breakdown Structure of Construction Project (건설사업 위험분류체계의 재정립을 통한 위험인지 체크리스트 개발)

  • Chu Hae-Keum;Kim Seon-Gyoo
    • Korean Journal of Construction Engineering and Management
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    • v.4 no.2 s.14
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    • pp.109-117
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    • 2003
  • The construction project is largely exposed to much more risk events over the project life cycle due to its complexity and size than the other industries. Therefore, the construction risk management process to identify and response the risk events is not only performing acutely but also proceeding systematically. The risk identification phase in the risk management process is to identify various risk events and define its characteristics. At this phase, the risk identification system is very useful tool to identify every possible risk events in the project. This study shows some problems of the existing risk identification system and proposes the modified risk identification system based on the project phases and the contract bodies, and also suggests partial but more enough detailed risk checklists to be implemented in the actual risk identification phase than any other existing risk breakdown systems to be examined at this study.

Development of an Intervention List for Family Nursing Care (가족간호를 위한 중재목록 개발)

  • Kim, Young-Im;Kim, Hee-Gerl;Jung, Hye-Sun
    • Research in Community and Public Health Nursing
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    • v.20 no.2
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    • pp.123-133
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    • 2009
  • Purpose: This study aimed to classify nursing interventions by developing a list of interventions for family nursing care. Methods: A new intervention list was confirmed after the researchers' discussion and professional consult. All possible interventions were re-organized. Results: Five grand categories were identified, which include health education, providing direct nursing care, utilization and referral of community resources, reinforcing family resources, and stress management. The category of health education consists of anticipatory guidance, training and education, providing information, and consult and motivation. The category of providing direct nursing care consists of identifying problem, providing technical nursing, providing family tailored nursing care, family contract, monitoring or evaluation, and collaboration with experts. The utilization and referral of community services includes utilization of health care facilities, utilization of social welfare facilities, use of neighbors, friends, and relatives, connecting to professionals or supporting groups, and utilization of other sources. Reinforcing family resources includes reinforcing economic resources, reinforcing physical resources, and reinforcing human resources. Stress management includes reorganization of perception, resolving conflicts, division of role, preparing communication strategies, time management, creating familiarity, supporting spirituality, and developing sense of humor. Conclusion: This study provides useful resources to promote nursing activities by identifying possible family nursing interventions.

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On the Role of Projected FDI Inflows in Shaping Institutions: The Longer-Term Plan for Post-Pandemic Investment Reboot

  • Gao, Xiang;Gu, Zhenhua;Koedijk, Kees G.
    • East Asian Economic Review
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    • v.24 no.4
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    • pp.441-468
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    • 2020
  • Capital inflows have a strong presence that influences destination countries' development of institutions, which can in turn help resuscitate a stopped economy and re-attract capital that was lost during crises such as the recent public health crisis. While the previous literature emphasizes the mechanism that foreign investors press or even threaten the local government for change, this paper explores empirically whether institutional improvement can be achieved through the channel that host countries voluntarily reform institutions in anticipation of potential investments predicted by the exogenous geographical and cultural characteristics of the recipient countries. Given that countries with better institutional quality can accumulate larger FDI stocks, we still find that the need for more FDI, in contrast to FPI and debt, gives higher incentives to host countries to strategically improve their institutions before seeking capital overseas. Moreover, the predicted FDI exerts more prominent impacts on institutions on constraining elite than those involved in launching a business, enforcing contracts, and protecting properties. The results imply that a long-run plan for upgrading elite constraint institutions is crucial for a post-pandemic FDI reboot.

Research on Framework and Inspection Method to Strengthen Personal Information Protection of Trustees (수탁사 개인정보보호 강화를 위한 프레임워크 및 점검방법 연구)

  • Yurim Bak;Yongtae Shin
    • KIPS Transactions on Computer and Communication Systems
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    • v.12 no.11
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    • pp.329-336
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    • 2023
  • This paper analyzes the Personal Information Protection Act and related legal guides revised in 2023, proposes a framework for a consignment contract through the items necessary in the consignment relationship for personal information work, and inspects the status of personal information protection for consignees that are absent in Korea. By proposing common items that must be included, we prevent the occurrence of personal information leakage incidents by strengthening the basic personal information protection capabilities of trustees handling personal information work and alleviating the burden of essential personal information protection inspections. I want to do it.

A Study on the Buyer's Duty to Mitigate Seller's Damages in CISG (CISG상의 매수인의 손해경감의무에 관한 고찰)

  • HA, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.1-23
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    • 2015
  • A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. Appropriate measures are those aimed at lessing the loss as far as reasonably possible. Such measures will typically be a resale of the goods by the seller or a cover purchase by the buyer. The measures the injured party is expected to take in order to mitigate the loss must be reasonable in the circumstances. Article 77 will be applied to the difference between the amount by which the loss should have been mitigated under Article 77. A reduction of damages is the only remedy available to the party in breach in cases covered by Article 77. If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller. Article 86(1) requires that the buyer manifest his intention at the moment of receipt of the goods. Article 86(2) envisages that the goods have been dispatched to the buyer and that they have been placed at his disposal at their destination. Article 87 allows him to deposit them in the warehouse of a third person. It is not necessary that the warehouse by public, or that it be a general warehouse for storage. A party who is bound to preserve the goods in accordance with articles 86 may sell them by any appropriate means taking possession of the goods or in taking them back or in paying the price or the cost of preservation. If the goods are subject to rapid deterioration or their preservation world involve unreasonable expense, a party who is bound to preserve the goods must take reasonable measures to sell them. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2 )which imposes the duty to take reasonable measures to sell the goods. According to Article 88(2), the party who wishes to sell must give notice to the other party of such intention, to the extent possible.

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A Task-Centered Approach for the Elderly in the Community : Case Management (과제중심모델의 적용에 관한 연구 : 재가노인을 위한 사례관리)

  • Huh, Nam-Soon
    • Korean Journal of Social Welfare
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    • v.35
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    • pp.399-426
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    • 1998
  • This article describers the field testing of the task-centered case management model for practice with the elderly clients in the community. Six social workers in three community center applied task centered. model to 12 elderly in community. The model tested in the field trial led to positive results. The results of task completion and problem change indicate that including elderly clients in all steps from identifying problems to suggesting and implementing tasks are important. Target problems and tasks which clients indicate gained high accomplishment. Task-centered interventions provided an intensive period of service that helped clients work on immediate problems. Moreover, they helped clients actively participate in decision making processes and in problem solving activities. Although the task centered approach is a short tenn intervention, the analysis of the field trial suggests that it can be integrated with an approach that is a long tenn in nature through re contract for different problems or unresolved problems. Several suggestion can be made to apply task-centered model for elderly in Korea. First, since one social worker handles over 60 cases, this approach can be used more effectively for new case or the elderly who needs intensive help. Second, preparing and sharing contract with client should be encouraged to help both client and social workers. Also until the social workers are familiar with this approach, there should be an intensive supervision to monitor their activities. Third, it is important to make task planner for Social workers who is working with elderly in community. Task planner is the guide line books to show steps to solve similar problems. Fourth, more efforts should be made to make resource directory in the community as well as in Korea. Fifth, case managers who handle family problems and other personal conflicts should be more trained to be confident to deal with these problems.

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Development of an evaluation index based on supply capacity for practical evaluation of drought resilience (현실적 가뭄대응력 평가를 위한 공급가능일수 기반의 평가지표 개발)

  • Kim, Gi Joo;Kim, Jiheun;Seo, Seung Beom;Kim, Young-Oh
    • Journal of Korea Water Resources Association
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    • v.56 no.1
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    • pp.11-21
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    • 2023
  • This study suggests the drought resilience index as S-day as a means of preparing for the recent extreme drought, allowing for the actual operational identification of each drought countermeasure's priority as well as the vulnerability of water resource facilities to drought. Although each dam's drought measures are unique in this case, the representative examples include adjusting the water supply, linking the functioning of various facilities, and considering emergency capacity. Here, 15 multipurpose dams and water supply dams in Korea were inspected. Under the return period of 20-year drought, most of dams showed stable by adjusting the water supply overall. The measures, however, did not seem to be able to resist a multi-year drought lasting more than two years. Besides, Hoengseong and Anodong-Imha Dam only lasted a year under the 100-year drought return period with other measures. Without the deployment of drought mitigation strategies, it is expected that the Hoengseong Dam, Andong-Imha Dam, Gunwi Dam, Unmun Dam, Daecheong Dam, and Juam Dam would not be able to meet the all water demand for a year under the 20-year drought condition. The ideal capacity for each drought measure was then suggested. Additionally, by increasing or decreasing the current supply contract by 10% in order to account for demand changes resulting from socio-economic instability, the drought response capacity of all 15 dams was re-evaluated. By lowering the supply contract amount by 10%, it was possible to endure a severe drought.