• 제목/요약/키워드: 계약자특성

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A Case Study on the International Arbitration : Hanbo Case (국제중재에 관한 사례연구 : 한보철강 사례)

  • Choi, Chang-Hwan
    • Journal of Arbitration Studies
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    • 제16권3호
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    • pp.23-52
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    • 2006
  • 1997년 외환위기 이후 국내 부실기업의 해외매각을 빠른 속도로 진행하여 매각과정에서 협상력 부재로 인해 기업가치를 제대로 평가받지 못하였을 뿐만 아니라 계약조건 부분에 있어서도 협상성과는 매우 낮은 것으로 평가되고 있다. 또한, 부실한 계약조건으로 인해 계약이행이 종료되지 못하고 소송이나 중재와 같은 분쟁발생이 급격이 증가하고 있다. 이러한 문제인식 하에 본 논문은 부실기업 매각협상 사례중 국제중재와 관련된 한보철강 매각의 사례를 통해 매각시 국제중재를 통해 분쟁을 해결하는 과정을 상세하게 설명함으로써 향후 매각협상 과정뿐만 아니라 매각이후 분쟁이 실제로 발생한다면 이에 대한 정확한 대처와 중재 대처 전략을 수립할 수 있도록 하기 위함이다. 중재는 소송과 달리 단심제로서 중재기간이 상대적으로 짧다고 볼 수 있으나 단심제의 특성을 감안하여 최대한 유리한 증거와 증인확보 등 보다 더 적극적인 자세로 임해야 할 것이다. 본 사례연구에서 중요한 시사점은 국내 협상자들이 협상시 매각가격에만 중요성을 부여하며 기타 계약조건 특히, 준거법 및 관할권에 대해 소홀히 취급하는 경향이 있다는 점이다. 본 한보 중재에서도 승리의 결정적인 원인은 바로 계약서에 준거법을 한국법이라고 명시하였기 때문에 가능했던 것이다 이러한 점은 향후 국제협상시 중요하게 다루어져야 할 사항이라고 판단된다.

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Effect of Multyparty Contract in IPD Project Case study of USA and Korean Projects (IPD 계약은 IPD 프로젝트의 필수조건인가 - 국내외 사례조사를 통하여 -)

  • Yoo, Seungeun;Kim, Taewan;Yu, Jungho
    • Korean Journal of Construction Engineering and Management
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    • 제18권1호
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    • pp.3-16
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    • 2017
  • Integrated project delivery (IPD) is suggested as an alternative to traditional delivery methods such as design-build (DB), design-bid-build (DBB), and construction management at risk (CMR). Many foreign research studies have approached IPD not only in the contractual aspect but also the work implementation method aspect. However, most research projects in Korea have focused on the contractual aspect of IPD for asserting that the characteristics are the critical matter. The Korean institutional and legal system does not permit the multi-party agreement; therefore, it is difficult to adopt IPD in Korea's construction industry. The researchers do not wait the system to be changed, but we do identify the possibility of adopting IPD in Korea in the perspective of work implementation method, except the contractual characteristics. Thus, the goal of this research is to identify one project that does not include IPD agreement but utilizes other IPD characteristics whose contractual results have similar performance to those that utilize all characteristics of IPD including agreement. This research is expected to enhance performance of the construction project in a Korean construction environment by embracing IPD characteristics as overcoming limits and bounds of the traditional delivery method.

Design and Implementation of an Individualized Self-Regulated Learning System (개인화된 자기조절 학습 시스템 설계 및 구현)

  • Hwang Hyon-A;Lim Han-Kyu
    • The Journal of the Korea Contents Association
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    • 제5권2호
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    • pp.19-28
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    • 2005
  • A web-based instructor-learner system has changed the form into a learner-centered environment. Especially a self-regulated learning which is a self-leading and a positive learning, is an ideal learning, and the interest on it is more increasing. In this research, learners can organize the individualized course based on the learner's demand and learning level after making a contract process with the system, The self-regulated learning system which can recognize a learning status and result by analyzed data, and which can lead to a learning goal effectively by establishing a learning strategy, is designed and implemented. The proposed system provides the learner-centered learning environment which can process the differentiated and flexible individualized-teaming service considering an individual characteristic.

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The Smart Contract based Conference Key Distribution Scheme (스마트계약 기반 회의용 키 분배 기법)

  • Yun, Sunghyun
    • Journal of Internet of Things and Convergence
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    • 제6권4호
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    • pp.1-6
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    • 2020
  • Recently, epidemic of covid-19 causes rapid increase in demand for untact video conferences. In existing server-client based video conference systems such as Zoom, Google Meet, etc., the server generates the conference key and controls the access rights of meeting members and their contents with it. In this case, the server can fabricate or repudiate the meeting. So, the privacy of the meeting members is not guaranteed. It's necessary to make the conference key distribution scheme where all participants can verify the trustfulness without help of the server. The smart contract is the program stored to the blockchain. Its contents cannot be altered due to the property of the blockchain, and everybody can verify the execution results of it. In this study, we propose the smart contract based conference key distribution scheme. The proposed scheme is consisted of smart contract deployment, conference key generation and verification stages. The smart contract replaces the role of existing trustful server and the meeting members can generate the conference key according to the protocols implemented on it. The proposed scheme can be applied to the video conference systems and only the meeting members can access the conference key.

Research on Establishment of Contract-Based Department and Its Curriculum Development in Work-Study Parallel Program (일학습병행제 계약학과 신설에 따른 교과과정 개발 연구)

  • Park, Dongkyou;Choi, Hwan Young
    • Journal of Practical Engineering Education
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    • 제14권2호
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    • pp.377-385
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    • 2022
  • As a kind of industry-university cooperation, the contract-based department for nurturing the employers that meets the needs of industrial society has started for about 20 years. In particular, interest in contract departments as part of the SMEs' human resource development support is increasing with the newly starting government, so it is expecting that the number of new contract departments will increase for the time being. The purpose of this study is to identify the characteristics of each contract department according to the learner type and contract method, and to suggest procedures and considerations for the establishment of re-education-type and third party contract-type contract departments suitable for SMEs. In particular, the authors would like to present the case of K University for how to design the curriculum to create a virtuous cycle by harmoniously reflecting the position of the operating institution as a supplier and the requirements of many companies as consumers.

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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    • 제43호
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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.

An Application of RETE Algorithm for Improving the Inference Performance in the Coordination Architecture (연동 구조 내의 추론 성능 향상을 위한 RETE 알고리즘의 적용)

  • 서희석
    • Journal of the Korea Computer Industry Society
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    • 제4권12호
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    • pp.965-974
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    • 2003
  • Today's network consists of a large number of routers and servers running a variety of applications. In this paper, we have designed and constructed the general simulation environment of network security model composed of multiple IDSs agent and a firewall agent which coordinate by CNP (Contract Net Protocol). The CNP, the methodology for efficient integration of computer systems on heterogeneous environment such as distributed systems, is essentially a collection of agents, which cooperate to resolve a problem. Command console in the CNP is a manager who controls the execution of agents or a contractee, who performs intrusion detection. In the knowledge-based network security model, each model of simulation environment is hierarchically designed by DEVS (Discrete Event system Specification) formalism. The purpose of this simulation is the application of rete pattern-matching algorithm speeding up the inference cycle phases of the intrusion detection expert system. we evaluate the characteristics and performance of CNP architecture with rete pattern-matching algorithm.

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A Study on the Development of a Contracted Education Program Model for the Korean Dual Education System (일학습병행을 위한 계약학과 운영모델 개발 연구)

  • Om, Kiyong;Kang, Kiho;Rim, Kyung-Hwa
    • Journal of Practical Engineering Education
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    • 제8권1호
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    • pp.63-68
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    • 2016
  • As job mismatch intensifies in the employment market, the work based learning has emerged as a solution to this social problem. The so called Korean dual education system is expected to raise jobseekers equipped with knowledge and skills demanded by industry. This study intends to recommend an effective operational model for contracted education programs at higher institutions in order to support soft landing of Korean dual education system. Students of contracted education programs are adults graduated from vocational high schools and working for companies during weekdays. In consideration of the difficulties experienced by employee students, more flexible operation of academic affairs is required. To address these challenges, the recommended contracted education model includes such beneficial features as S-OJT courses, standard curriculum based on National Competency Standard, recognition of prior learning, flipped classroom, and tutoring system. In the last part, several directions for implementing the new contracted education model are discussed.

A Study on the Elapsed Time to Resale of Pre-Completion Apartment Ownership (아파트 분양권의 전매기간에 관한 연구)

  • Song, Seon Ju;Shin, Jong Chil
    • Korea Real Estate Review
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    • 제27권3호
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    • pp.103-118
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    • 2017
  • Under the ownership pre-sale system in the South Korean apartment market, developers can sell apartment ownerships as soon as they start to construct an apartment complex. In the South Korean apartment market, people call this kind of ownership "Bun-yang right." There is a time difference between ownership sale and apartment completion under the ownership pre-sale system. The pre-completion apartment ownerships can be resold to third parties until the apartment complexes are completed, which is called "Geon-mae" of the Bun-yang right. Using survival analysis, this research analyzed the elapsed time between ownership purchase and resale to a third party using 48,316 apartment units nationwide in the 192 complexes supplied from 2000 to 2016. Specifically, this study analyzed the influence of the real estate policy, contract term, location, apartment complex, and unit characteristics on the elapsed time between ownership purchase and resale to a third party. The empirical analysis revealed that the real estate policy and contract term characteristics have a significant effect on the elapsed time between ownership purchase and resale to a third party. Also, this study confirmed that the product characteristics, such as the location and apartment complex and unit characteristics, have an influence on the elapsed time between ownership purchase and resale to a third party.

A Study on the Charterer's Duty & Right in Applying Laytimes of the Voyage Charterparty (항해용선계약상 정박기간에 관한 용선자의 권리와 의무에 관한 연구)

  • Kim, Myung-Jae
    • Journal of Korea Port Economic Association
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    • 제28권1호
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    • pp.83-104
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    • 2012
  • The main purpose of tramp ships in shipping markets is to produce operation profits by minimizing the running days in a contract of the voyage charterparty. It is an especially difficult task for the owners to earn operation profits in the present recessional shipping market. Tramp ships are moving towards globalization in order to look for a variety of cargoes, which are distinguished from the liners operating regularly as per the fixed time schedule. Tramp shipping, therefore, requires special attention every voyage to secure operation efficiency which comes from minimized sea and laytime in port. The laytime is allowed by owners but if the charterers use more laytime than that which is incorporated in the charterparty, then a compensation known as 'demurrage' must be paid to owners. Conversely if the time is shorter this is called 'despatch' and in this case the owners are paid. As the laytime issue in the voyage charter is somewhat delicate, it often causes much disputes between charterers and owners during the cargo handling in ports. This study focuses on the charterers' right and duty on the laytime which is usually applied for the benefit of the charterers. Reference is also made to English law cases to reinforce this study and the conclusion will make relevant suggestions for further research.