• Title/Summary/Keyword: 계약기준

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A study on the Ethics Characteristics according to Service and Practice of Construction Manager (건설사업관리자의 업무수행에 따른 윤리 특성 고찰)

  • Lee, Sang-Beom
    • Korean Journal of Construction Engineering and Management
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    • v.12 no.1
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    • pp.97-106
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    • 2011
  • Construction Management is the overall management of the project as construction manager and the owner are united together. Construction manager's role is to conduct the overall or partial construction administration in the 'design, bid, build' process, in the owner's interests with maintaining technical neutrality. Construction manager is becoming one of new professionals in the building process and the contract defines their roles and the range of services, so high level of ethnics are required. This study suggests the legal status of the construction manager and the ethnic standards and the ethnic's characteristics. In conclusion, firstly, the legal characteristics of the administration of construction management are the delegations contract, the responsibility of negligence and the duty of due diligence, abided by the contract that ties between the owner and the construction manger. Secondly, the administerial characteristics of the construction management are the role of mediator, the service of professional technology, accountability to the owner and publicness. Thirdly, due to these characteristics, as a professional, the standard of ethnic assessment for the construction project manager are intention, act and result, so with the relation to that, morality, deontology and consequentialism have been suggested in this study.

A Study on the Separate Account related with the Valuation of Investment Securities and Profits Sharing in Korea Life Insurance Company (생명보험회사 투자유가증권평가 및 이익배분과 관련한 구분계리에 관한 연구)

  • O Dong-Il
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.7 no.3
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    • pp.483-493
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    • 2006
  • The purpose of the study is to make a proposal of how to improve the separate account in Korean life insurance accounting and regulations. A separate account is required to improve the transparency of accounting and fairness of dividing the profit between company and lift insurance contractors. A separate account may be the first step to solve this conflict by clearing the profit sharing of shareholder's and contractor's of the insurance with dividend. The separate account should be designed to reflect the real economic consequences of insurance company and consider the real outcome of the performance-based insurance commodities. The separate account should contain the rules of IASs and KASs. If a separate account is successfully settled down, the portions of contractor's dividend and the dispute about initial public offering of insurance companies can be solved gradually.

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Effective R & D Management using Data Mining Classification Techniques (데이터마이닝 분류기법을 이용한 효과적인 연구관리에 관한 연구)

  • 황석해;문태수;이준한
    • Journal of Information Technology Application
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    • v.3 no.2
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    • pp.1-24
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    • 2001
  • This purpose of this study is to drive important criteria for improving customer relationship of R institute using data mining techniques. The focus of this research is to consider patterns and interactions of research variables from research management database of R institute, and to classify the outside organizations and the inside organizations for research contract organizations, and to decide the directions of customer relationship management through analyzing the research type and research cost of research topics. In order to drive criteria variables through pattern analysis of the research database, decision tree algorithm is employed. The results show that determinant variables of 17 input variables are research period, overhead cost, R & D cost as variables to classify the outside and inside contract organization.

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The Study on the Control Combinations in IS Outsourcing Project Management (IS 아웃소싱 프로젝트 관리를 위한 조합적 통제유형에 관한 연구)

  • Lee, Sang-Kon
    • 한국IT서비스학회:학술대회논문집
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    • 2003.11a
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    • pp.70-77
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    • 2003
  • 본 연구는 아웃소싱 상황에서 정보시스템 개발프로젝트의 관리에 대한 이해를 목적으로, 시스템개발 프로젝트에 대한 관리를 통제(control) 또는 조정(coordination)의 관점에서 보는 기존의 연구 흐름과 같은 선상에서, IS 아웃소싱 프로젝트 관리의 문제를 조직간 통제관점에서 살펴보고자 한다. 본 연구에서는 다음의 두 가지 측면에서, 기존 연구의 확장을 시도하였다. 첫번째, 조직내부의 시스템 개발프로젝트 관리의 연구결과를 아웃소싱 상황으로 확장하여 적용하였다. 두번째, 기존 연구들이 개별 통제유형에 주목하였으나, 현실적으로는 다양한 통제유형이 동시에 존재하기 때문에, 조합적 측면에 초점을 맞추어 확장하였다. 이를 위하여 공식적 통제와 비공식적 통제를 두 가지 기준을 사용하여, 네 가지의 통제조합에 대한 이론적 유형(typology) - 역동적, 계약중심, 파트너쉽중심, 수동적 유형 - 제시하여, 35개 기업의 66개 프로젝트를 통하여 실증적으로 검증하였다. 연구결과는 파트너쉽중심 유형을 제외하고는 이론적 유형과 유사한 네 가지의 통제조합에 대한 실증적 유형(taxonomy) - 역동적, 계약중심, 중간형, 수동적 유형-이 도출되었다. 각 실증적 유형간의 차이는 역동적 유형과 계약중심 유형이 높은 것으로 나타났으며, 중간형 유형과 수동적 유형의 성과가 상대적으로 낮은 것으로 나타났다.

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A Development of a Web Based Supporting System for Writing Construction Project Specification (Web기반 공사시방서 작성 시스템 개발 방안)

  • Kim Kyoon-Tai;Kim Tae-Song;Koo Jai-Dong
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.501-506
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    • 2001
  • The Korean government established a domestic specification system, and regulated that owner should produced construction project specifications, instead of special provisions, in design phase, January 1998. But in Korea the ability of construction engineers for construction project specification are insufficient. So the government had built up a database of standard specifications and developed a supporting system for writing construction project specification(SPECMAKE) in 1999. However, it is a PC base stand-alone system, so it is not convenient to update the database. In order to overcome these limitations, the purpose of this paper builds up a database of construction criteria and develops a automatic writing system for construction project specification on web base. The database contains standard specifications, design and construction guidelines related with construction business. And this paper describes the frameworks, the components, and the functions of the specifications writing system for the construction projects.

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Influencing Factors Analysis for the Number of Participants in Public Contracts Using Big Data (빅데이터를 활용한 공공계약의 입찰참가자수 영향요인 분석)

  • Choi, Tae-Hong;Lee, Kyung-Hee;Cho, Wan-Sup
    • The Journal of Bigdata
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    • v.3 no.2
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    • pp.87-99
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    • 2018
  • This study analyze the factors affecting the number of bidders in public contracts by collecting contract data such as purchase of goods, service and facility construction through KONEPS among various forms of public contracts. The reason why the number of bidders is important in public contracts is that it can be a minimum criterion for judging whether to enter into a rational contract through fair competition and is closely related to the budget reduction of the ordering organization or the profitability of the bidders. The purpose of this study is to analyze the factors that determine the participation of bidders in public contracts and to present the problems and policy implications of bidders' participation in public contracts. This research distinguishes the existing sampling based research by analyzing and analyzing many contracts such as purchasing, service and facility construction of 4.35 million items in which 50,000 public institutions have been placed as national markets and 300,000 individual companies and corporations participated. As a research model, the number of announcement days, budget amount, contract method and winning bid is used as independent variables and the number of bidders is used as a dependent variable. Big data and multidimensional analysis techniques are used for survey analysis. The conclusions are as follows: First, the larger the budget amount of public works projects, the smaller the number of participants. Second, in the contract method, restricted competition has more participants than general competition. Third, the duration of bidding notice did not significantly affect the number of bidders. Fourth, in the winning bid method, the qualification examination bidding system has more bidders than the lowest bidding system.

Purchasing Status and Supplier Performance Evaluation of School Foodservice in Chanwon, Korea (창원시 학교급식 식재료 구매 실태 및 공급업체 수행도 평가)

  • Jung, Hoi-Jung;Kim, Hyun-Ah
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.41 no.6
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    • pp.861-869
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    • 2012
  • This study was conducted to investigate the purchasing status and to compare supplier performance evaluations between competitive bidding and negotiated contracts in school foodservice in Changwon, Korea. A total of 190 questionnaires were distributed and 167 (return rate 87.9%) were collected from June 29 to September 28, 2010, and then a total of 151 (analysis rate 79.5%) were used for the final analysis. First, 91.4% of food product purchases for school meals were contracted through competitive bidding, especially limited competitive bidding. It mainly consisted of agricultural products, processed food, and eco-friendly agricultural products (fruit). Second, 78.8% of schools purchased food products by negotiated contracts, while single negotiation accounted for 59.7%. Food products by negotiated contract consisted of meat, kimchi, and fish. Third, the purchase status of competitive bidding and negotiated contracts showed a significant difference in agricultural products (p<0.001), fish (p<0.001), meats (p<0.001), poultry (p<0.001), antibiotic-free poultry (p<0.001), eco-friendly grain (p<0.001), eco-friendly agricultural products (fruit) (p<0.001), eco-friendly processed food (p<0.001), processed products (p<0.001), milk (p<0.001) and general grain (p<0.001) except for kimchi. Fourth, comparative analysis of supplier performance evaluation (on a 5-point Likert scale) of school foodservice showed that price of product of competitive bidding (3.73) was significantly higher than that of negotiated contract (2.95) (p<0.001), and the overall performance level of the negotiated contract (3.85) was significantly higher than that of competitive bidding (3.61) (p<0.01). The supplier performance evaluation levels of product packaging (p<0.01), product quality at the time of delivery (p<0.001), hygiene of products (p<0.001), consistency to specification (p<0.001), swiftness of return and exchange (p<0.001), emergency delivery (p<0.001), service of delivery staff (p<0.05), and handling of complaints (p<0.001) of negotiated contracts were significantly higher than those of competitive bidding of school foodservice. In conclusion, school foodservice selected food suppliers both by adopting competitive bidding and negotiated contracts. And there was a significant difference of school foodservice supplier performance between competitive bidding and negotiated contracts in Changwon, Korea.

A Study on the Liability for Third Party's Damage on the Time Charter-parties (정기용선계약에서 제3자 화물손해 책임에 관한 연구)

  • Shin, Hak-Sung
    • International Commerce and Information Review
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    • v.15 no.2
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    • pp.285-313
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    • 2013
  • By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

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The Legal nature of a contract for supply of a special purpose aircraft -The legitimacy of contract cancellation on the grounds that the performance specification is not satisfied in the purchase specification- (특수 항공기 공급계약의 법적 성질 - 구매규격서상 성능요건 미달을 이유로 한 계약해제의 정당성 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.37-72
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    • 2016
  • In the aerospace field, besides special purpose airplanes, contracts for supply of various types of products such as prototypes, unmanned aerial vehicles and space launch vehicles are increasing. In the case of the contractor, it was planned to spend a large amount of money to supply the production, but if the purchase specification that presents the quality and performance standard of the product is poor or lacks the capacity to judge the performance, consuming enormous amounts of time and money. Even if the undertaker does not have the ability to supply the products with the required performance and quality to achieve the purpose of the contract, he/she must pay the cost of burial due to the incompleteness of the work and the compensation for the cancellation of the contract. In this case, the defendant ordered the plaintiff to supply the aircraft by the Happy Box method, which is capable of ILS Offset flight as specified in the Purchase Specification, but the plaintiff attempted to supply the aircraft by the RNAV method. Although the ILS ground signal can be inspected by the RNAV method, the aircraft manufactured in the manner claimed by the plaintiff does not have the ILS Offset flight function required by the purchase specification, so the defendant can not achieve the purpose required by the purchase specification. It was a question of whether a defendant's cancellation of contract was legitimate. The aircraft, which is the object of this contract, is a subordinate substitute, so the case contract is of undertaking. Therefore, in order to complete the work in this contract, the major structural parts of the aircraft must be manufactured as agreed and have the performance generally required in the social sense. However, the aircraft delivered by the plaintiff has serious defects because the defendant can not achieve the purpose required by the purchase specification due to the lack of the ILS Offset flight function required by the purchase specification. This deficiency is impossible for the plaintiff to repair, so the defendant 's cancellation of the contract is legitimate.

A Domestic Application of CM System through a Comparative Analysis of AIA and CMAA CM Roles (AIA 및 CMAA의 CM 분석을 통한 국내 CM 적용 시안)

  • Park, Jong-Hyuk;Park, Hong-Tae
    • Journal of the Korea Institute of Building Construction
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    • v.7 no.4
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    • pp.83-91
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    • 2007
  • This study tries to provide concept on establishment of CM license basis, CM selection procedure and CM contract documents through a comparative study of CM services in several CM contract documents in the America. This results of study are summarized as follows; Establishment of basis on the work scopes and legal license of CM company. Establishment of CM selection and contract procedure. Preparation of CM contract documents. Preparation of CM manual.