• Title/Summary/Keyword: 계약학과

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A Study on the Improvement of Long-Term Continuing Construction Contracts Dispute Using FGI (FGI를 활용한 장기계속공사계약 분쟁 개선방안 기초연구)

  • Kim, Jae-Sik;Lee, Jung-Won;Lee, Min-Jae
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.2
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    • pp.79-87
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    • 2023
  • Given that most government contracts are based on a fiscal year, long-term continuing construction contracts require appropriate provisions as significant amounts of budget is supposed to be invested for several years. This study drew problems and improvements of the long-term continuing construction contracts by analyzing the contents of FGI and list of construction order. We found that a number of problems, such as the mismatch between laws and enforcement decrees, difference in calculating overheads due to the extension of construction period, many construction orders that are hard to see as budget efficiency and over investment in the final annual contract, were tangled up in the process. To solve the problems mentioned, we suggested several improvements as follows: (1) effect of total construction period and total amount should be guaranteed by a law, (2) it is suggested that the scope of long-term continuing construction contract is determined by a law, and (3) it should be clear about the calculation of overheads concerned with the extension of construction period as well as the estimation of construction period to prevent over investment in the final contract.

Comparison of Success Rates of Supply Chain Contract using Simulation (시뮬레이션을 이용한 공급사슬 계약 성사율 비교)

  • Gao, Yang;Seo, Dong-Won
    • Journal of the Korea Society for Simulation
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    • v.31 no.1
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    • pp.19-27
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    • 2022
  • This study compares and analyzes wholesale(or price-only) contract, revenue-sharing contract, quantity-flexibility contract, and channel-rebate contract in a decentralized supply chain consisting of one supplier and one retailer. By setting the parameters of each coordination contract based on the previous results, we conduct simulations using @RISK for several combinations of these parameters. Under the supply chain coordination, we evaluate the probability of successfully signing a contract and the participant in favor of each contract. As a result, the quantity-flexibility contracts is most advantageous for the retailer and the channel-rebate contracts is most advantageous for the supplier. It revealed that revenue-sharing contracts can be used more flexibly because they can be selected in the widest range to redistribute profits between supplier and retailer.

Development of Performance Management System for Contract Departments in the Korean Dual College Context (일학습병행제 대학연계형 계약학과의 성과관리체계 개발)

  • Im, Tami;Kang, Kiho
    • Journal of Practical Engineering Education
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    • v.12 no.1
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    • pp.145-162
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    • 2020
  • The dual system in Korea already plays an important role in quantitative terms in the Korean lifelong vocational competency development system. However, since most of the existing dual system performance management plans in Korea focus on qualification-linked dual system, research on the effective performance management of the four-year university-driven dual system is very insufficient. This paper presents multiple measures for developing a performance management system suitable for the university-driven dual system to achieve qualitative improvement of the contract departments of the dual colleges or universities. As an approach to the end, a performance evaluation system is established by developing the evaluation items and indicators for the dual colloeges' contract departments. Next, it analyzes the needs of various stakeholder groups such as field teachers of the involved companies, students in apprenticeship and OJT professors of KOREATECH through FGI's and polls to diagnose the current operational performance, especially the causes of high drpout rates of the contract departments. From these results, the paper presents firstly the development of measuring methods for the developed performance indicators of the evaluation system and then a systemic performance management system which is based on 'input-transformation-outcome-feedback' structure. In addition, some measures for improving the high dropout rate and performance are presented from the viewpoints of each stakeholder.

Study of the Decision Factors of Franchise Member Agreement - Based on the Written Disclosure of Information - (프랜차이즈 계약 결정요인에 관한 연구 - 정보공개서를 바탕으로 -)

  • Woo, Dae-Il;Lee, Chang-Ju;Yu, Jong-Pil
    • The Korean Journal of Franchise Management
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    • v.5 no.1
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    • pp.143-160
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    • 2014
  • This study focuses that the business starters can refer to this study, select better franchise headquarter and make the franchise member agreement. The most concerned part for the people who want to open franchise shop is what brand is reliable and safe to them. I have analyzed disclosure report that contains overall information of franchise headquarters and researched 300 franchise shops as sample. I drew the conclusion of the decision factors of franchise member agreement, overlooked demographical status by frequency analysis with SPSS 18.0 and performed disperse analysis to examine the decision factors of franchise member agreement and the difference between sex, service type, shop size and income level. In conclusion, the most concerned factor for the franchise agreement is sales management. Sex, shop size and income level are not meaningful factors, but the cost and training management factors are considered differently based on the service type. I hope 1) this study can be utilized for the franchise business starters judge and refer information level provided by the headquarters and make a successful franchise shop business. 2) this study can make solid relationship between franchise members and present a long term vision to them. Finally, this study can be a foundation to promote franchise field through making and supplementing the law of promoting proficient and good franchise headquarters and fairness of franchise transaction and franchise encouragement.

Revenue Recognition in Terms of Accounting and Tax According to Incoterms (인코텀즈 계약조건에 따른 회계 및 세무적 수익인식시점)

  • Han, Ki-Moon;Lee, Jang-Soon
    • Korea Trade Review
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    • v.41 no.1
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    • pp.1-20
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    • 2016
  • This study is to help international traders in conducting tax and accounting works as to revenue recognition when a shipment incurs in accordance with Incoterms 2010. It is true that some are well familiar with Incoterms but have lack of accounting and tax application. In respect of tax operation, there are several regulations, such as Income Tax Law, VAT Law, which are applied differently according to sales points. Sales points and revenue recognition are a bit different when sales are made internationally. And this study compares those revenue recognitions by comparison of related Korean laws and Incoterms 2010.

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A Comparison of SLA Implementations: ASLM and SLA@SOI (SLA 구현방법 비교: ASLM과 SLA@SOI)

  • Kim, Sang-Rak;Yang, Jae-Gun;Bae, Jae-Hak;Jang, Gil-Sang
    • Proceedings of the Korea Information Processing Society Conference
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    • 2011.04a
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    • pp.329-332
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    • 2011
  • 최근 클라우드 컴퓨팅 기반의 IT 서비스가 증가하면서 기업들 사이에 SLA가 중요한 화두로 대두되고 있다. 상업용 SLA 관리 툴들은 어플리케이션 또는 데이터베이스 계층에 계약관련 로직을 내장하고 있다. SLA 규칙들이 구현 로직 내에 암시적으로 표현되어 있어서 유지보수가 어렵고 계약사항을 공유하는 데 많은 어려움이 따른다. 따라서 오늘날과 같은 서비스 지향 아키텍처, 온 디맨드, 유틸리티컴퓨팅, 클라우드 컴퓨팅 환경에서는 전체 서비스를 자동 관리할 수 있는 기술에 대한 연구가 반드시 필요하다. 본 논문에서는 능동문서기반의 ASLM(Active Service Level Management)과 유럽에서 진행 중인 SLA@SOI 프로젝트의 계약서 작성 및 실행에 대한 구현 방법을 비교하였다. 비교결과 유지보수성과 자동화 측면을 고려할 때 계약 규칙 로직을 어플리케이션 로직과 분리한 ASLM의 구현방법이 SLA@SOI 보다 SLA 계약처리 업무에 적합함을 알 수 있었다.

A Study on Energy Data Exchange Guide in Energy Data Platform (에너지 데이터 플랫폼에서의 거래 가이드에 관한 연구)

  • Kim, Woo-Je;Jeong, Beomjin;Kim, Hayoon;Jeon, JongHyeon;Park, Subin
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2021.07a
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    • pp.731-734
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    • 2021
  • 본 논문에서는 에너지 데이터 플랫폼에서의 데이터 거래 가이드라인을 연구 및 제안한다. 타 산업에서의 데이터 플랫폼들의 현황과 에너지 데이터 플랫폼 구조를 분석하여 에너지 데이터 거래에서의 이해관계자를 정의한다. 또한, 타 산업에서의 데이터 거래가이드를 분석하여 에너지 거래 가이드 구성요소와 거래 계약 거래 원칙을 정의한다. 에너지 데이터 거래 가이드의 구성 요소로는 데이터 거래 이해관계자 정의, 데이터 거래 유형, 데이터 거래 유형별 거래 계약 원칙, 데이터 구매 및 판매비용 산정 방안, 데이터 플랫폼 이용료 산정 방안, 데이터 거래시 법적 쟁점으로 구성된다. 본 연구에서는 데이터 거래 이해관계자 정의, 데이터 거래 유형, 데이터 거래 유형별 거래 계약 원칙에 대해 정의하였다.

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Commentary on the Seoul High Court's Judgement for the Formation and Performance of Contract for the International Sale of Goods (국제물품매매계약의 성립과 이행에 관한 서울고등법원의 판례평가)

  • Shim, Chong-Seok
    • Korea Trade Review
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    • v.43 no.4
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    • pp.27-50
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    • 2018
  • This study focuses on the judgement of Seoul High Court' regarding the formation and performance of contracts applying the CISG. The purpose of this study is to provide legal understanding to contracting parties involved in contract for the international sale of goods that can be considered in raising the understanding of the CISG within the scope of the subject. This study aimed at the legal validity of judgments, the defects in reason for judgments and legal standards that could be established. The main contribution of this study is summarizing the facts of judgments and arguments of the parties and furthermore, in accordance with the order, the judgment order of the court and the decision criteria of the application law, the CISG articles comment and interpretation on the formation of the contract, legal bases of fundamental breach of contract, termination of contract, concurrent fulfillment and other supplementary matters and so on.

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A Study on the Court's Recognition and Improvement of the Standard Contract Issues in the Media Entertainment Industry (미디어 엔터테인먼트산업의 표준계약서 쟁점 사항에 대한 법원의 인식과 개선방안에 관한 연구)

  • Park, Sung-Soon
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.3
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    • pp.323-335
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    • 2021
  • The purpose of this study is to organize issues of exclusive contracts for celebrities, which have been a major part of the existing industry, in preparation for various contract disputes in the media entertainment industry, and disputes in the media entertainment industry. According to the law case analysis conducted to achieve the purpose of the study, the court judged that the exclusive contract that did not conform to society's conventional wisdom was not effective, and that it was difficult to maintain the contract because it was not a normal contract. In addition, the court believed that unreasonable contracts using unfair trading status and overly long contracts were all reasons for termination. According to the court's judgment, the current standard contract requires about four revisions. First, clarification of contract termination conditions, second, clarification of payment date of revenue allocation, third, diversification of contract periods, and fourth, realistic modification of penalty provisions. Standard contracts have been enacted after several discussions, but there are still many things to revise and supplement. It will not end up with the preparation and use of contracts, but it will be necessary to continuously revise them to suit the industry's situation.

A Case Study on the Game Industry Optimized Human Resource Development Program (게임업계 맞춤형 인력양성 사례연구(계약학과를 중심으로))

  • Kwon, Yongman
    • Journal of Korea Game Society
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    • v.13 no.2
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    • pp.71-80
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    • 2013
  • The purpose of this paper is to analyze the results & performance of the optimized human resource development program, which was progressed by Gachon University in the past three years. Gachon University since 2009, with the support of the government, has launched a "Game Project Track" and also has carried out curriculum development and student education with cooperative companies in the field of game industry. Furthermore, Game Project Track, with companies, has pursued special lecture & intern training during vacation in order to strengthen students' ability to adapt on-site. As a results of co-education, 25 students have received the award in the external competitions, and also 39 students(97.5%) of 40 graduated from this course have been employed by cooperative companies.