• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.93-127
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• 2004

A contract is made when both parties have reached agreement, or they are deemed to have. After contract the law recognizes rights and obligations arising from the agreement. In order to discover whether agreement was reached between these two parties, we have to analyse the process of negotiation. Recently The People's Republic of China legislated a New Contract Law, which has come into effect since 1st of October 1999. This Law adapts the rules of United Nations(Vienna) Convention on Contracts for the International Sale of Goods and the Unidroit Principles for International Commercial Contracts. And this law is now widely enforced to commercial transactions between individuals, enterprises or other economic organizations of the People's Republic of China and foreign enterprises. Therefore, the foreigner who wish to make a sales contract with Chinese should understand the rules of New Contract Law of China. According to this New Law only a contract which contain offer and acceptance is valid and binding, and it is also pointed out that terms of contact must be certain. Though an oral contract is usually equivalent to a written one, in a case of commercial transactions written contract with signature is desirable. The purpose of this paper is to analyze the new rules of this Law and the new features of their application to commercial transactions in China.

• The Journal of the Korea Contents Association
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• v.15 no.6
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• pp.115-124
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• 2015

In recent days, the issues regarding the artists' status as labor and improvements of laboring circumstances, creating the well-fare system for artists are raised in our society. This paper searches for the process of various artists unions which are performing the important roles in the musical theatre industry in the U.S.A. The artists unions have developed the bargaining contracts and strengthened the protection of their original works. The discussions among many unions provide useful information to the independent artists when they make contracts in our Korean musical theatre market.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.213-245
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• 2014

This study has significance in examining the formation requirements and notes for concluding the guarantee contract of minimizing interests and conflicts with the concerned parties by examining issues related to the legal relation and demand payment in the concerned parties and by figuring out the provisions of conformity related to the requirements for demand payment pertinent to the documentary provision in relation to characteristics of demand guarantee. What the concerned parties of using demand guarantee grasp the requirements for demand payment of being compliant with the essence and the guarantee condition of the demand guarantee will lead to possibly preventing a dispute caused by disagreement and being secured the fulfillment of underlying contract. To fulfill a underlying contract that is the objective of issuing the demand guarantee, an effort is needed that minimizes a contract-based risk and a cost by being fully aware of a relevant rule that will be recorded in the terms of payment in the demand guarantee, by reflecting the interests between the concerned parties, and by discussing the payment terms.

• Journal of the Korea Institute of Building Construction
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• v.10 no.4
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• pp.21-29
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• 2010

International construction contractors are often faced with the situation of working in an unfamiliar construction environment. Under FIDIC rules, the contractor has the right to make a claim requesting the consulting engineer for an adjustment to the contract price or the time for completion when a part or parts of the works have changed, or in the event of unforeseeable conditions. Contractors generally have more access to the costs and time implications of such a change or unforeseeable conditions than the consulting engineer or outside neutrals. Due to such an asymmetry of information, the contractor may be motivated to dispute frivolous claims of less merit, expecting erroneous judgments by the consulting engineer or the neutrals. In this paper, a claiming behavior model is presented by using game theory and experience data to study the manner in which frivolous claims develop into disputes. The model also analyzes the impacts of DAB/DRB upon the frivolous claims.

• The Journal of Korean Philosophical History
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• no.38
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• pp.97-128
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• 2013

Originally confucianism is closer to communitarianism than to individualism. The ideal of confucianism is to realize ethical community. Chu Hsi's theory of the Song dynasty reestablishes the ideal of ethical community and dignitaries(士大夫) take the job to realize it as their own vocation. There are many developed 'family clans and kinsfolk societies', 'local covenants and sacred storehouses' and 'private academies' in the Chosun dynasty as in the Song dynasty. These communities are three kinds of axial confucian community, which are both natural ascriptive groups and voluntary contract groups in nature. Communities of Chosun dynasty are to strengthen the solidarity through friendship and mutual help as well as to cultivate good customs in society. Also these traditional communities are managed by democratic procedures, as these are originally voluntary contract groups. On the other hand, traditional neo-confucian self-training theories like that individual personality should be harmony with general order, or one should pursuit his private interest according to fair principles are the process of sublimation private individual into public citizen.

• Korea Trade Review
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• v.42 no.5
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• pp.19-42
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• 2017

Nowaday typically international commercial transaction, buyer and seller communicate with each other using standard forms. So called "the battle of forms" results from the exchanges of these forms. There are several problems that have to be solved in the battle of the forms. For example, Do the exchanges of the different terms form a contract? What are the contract terms? Which party's terms could apply? etc. Around the world, two basic types of rules are applied to solve the problem as to the battle of forms : last-shot rule and knock-out rule. In 2015, Hague Conference in Private International Law finally approved Hague Principles. The principles deal with the battle of the forms. Also in 2013, CISG Advisory Council adopted the "Black letter rules" to provide an effective way of resolving regarding the inclusion of standard terms under the CISG. This study would try to comprehensively review the battle of forms concerning Hague Principles and CISG. The aim of this study is to propose the most appropriate way to resolve the problem of the battle of forms both parties.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.8
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• pp.251-261
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• 2016

Recently, many weapon related quality issues have arisen in the armed forces, such as failures of K-21 Infantry Fighting Vehicles, K-9 self-propelled mounts, and grenade explosion during boot training. Since all of the issues are repetitive phenomena, we examined the defense quality management system and identified the possible solutions for it. Since the government quality assurance agency performs their quality assurance activity using the system evaluation technique, we first reviewed the regulations related to the defense quality management system. Then, we benchmarked some other advanced quality management systems. We suggested two types of defense quality management system, one for small (in terms of the amount of the contract) competitive contracts and the other for large private contracts. For the first one, we adopted the framework of MIL-I-45208 (Inspection System Requirement), while for the second one, we adopted the framework of NATO AQAP 2310 (Quality Management System Requirements for Aviation, Space and Defense Suppliers).

• International Commerce and Information Review
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• v.5 no.2
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• pp.207-225
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• 2003

The purpose of this study is to examine the legal aspects on the formation of international contract in electronic commerce. The findings could be summarized as follows. rug, the contract doctrine of the contract formation by electronic data message, time of dispatch and receipt of data message, error in electronic communication, contract form and electronic signature could be supported or protected by the existing contract doctrine. Second, In relation to the contract formation arranged by electronic agents, the established contract doctrine provides no clear answer to the question whether changes provided by the interaction of electronic agents are enforceable. The enforceability question is left to future legislation. Finally, It is necessary that a significant level of formality together with the disclosure on the contract formality by certain act be conveyed 10 a potential buyer so that the buyer is impressed that the contact by the certain act could be valid.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.85-106
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• 1999

To the extent that CISG and UNIDROIT Principles address the same issues, the rules laid down in the latter are normally taken either literally or at least in substance from the corresponding provisions of the former. Nevertheless, we may find cases where the latter depart from the former. The purpose of this paper is comparison of the two instruments, especially in part of contract formation. The result of this paper shows the fact that in the chapter of UNIDROIT Principles on formation provisions are included on the manner in which requirements that an offer and an acceptance must meet are more comprehensive, and in result a contract may be concluded more easily.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.34 no.2
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• pp.667-676
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• 2014

This study has conducted case studies in order to suggest alternatives to the historical data-based estimate system. Price fluctuation calculation methods based on historial cost indexes, standard estimate and construction cost indexes were applied to 9 road construction sites in Jeju for an analysis. As a result, in 5 construction sites (about 56% of 9 sites), the index control rate calculated based upon historical data-based estimate system was higher than that calculated based upon standard estimate and construction cost indexes. Thus the establishment of the requirements for the adjustment of contract price due to price fluctuation delays, which leads to a significant difference in price fluctuation amount. And, in an analysis of construction cost indexes, the indexes for road construction were used for calculating index control rate which ranges from 2.0 to 9.4 percent, indicating the time of construction amount and price fluctuation application has a significant influence on index control rate.