• 제목/요약/키워드: 국제계약

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A Study on the Analysis of Change Order - Claim in Design-Build (설계시공 일괄입찰공사에서 설계변경 클레임요인의 분석에 관한 연구)

  • Lee, Sang-Beom;Hwang, Jae-Woo
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2006.11a
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    • pp.301-304
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    • 2006
  • The insistence of rights and interests in contract is being generalized by opening in construction market which is following F.T.A, internationally. Conditions of contract in construction have different specialities compared with other industries. Different conditions of contract should be established because of a specific character that is different from each construction, such as work, environment, circumference conditions. Although the order of Turn-key is being expanded by increasing construction scale and demanding hybrid function, the suitable regulations of contract are not settled. As a result, various factors of claim is occurring in Change Order-Claim, because they just obey a part of guide-line. This study suggests useful solutions in detail concerned with the main factor of Change Order-Claim by each D/B phases through practical sorting and analysis of the causes of Change Order-Claim.

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A Comparative Study on the Construction Contract Method of Korea and China (한국과 중국의 건설 계약 방식 비교연구)

  • Jang, Ryu-Wee;Lee, Yoon-Sun;Kim, Jae-Jun
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.662-665
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    • 2007
  • There are many contract patterns in the international construction market, such as CM, EPC, PM and so on. To be geared to international standards, the Construction Ministry of P.R.C improved the laws and regulations related to the construction contract. Therefore, some international contract patterns are available in China now, but the application of the international contract patterns is still in the early stage, At the same time South Korea has made a great achievement to use the international contract patterns in the practical projects. This pater carried out a study to identify differences of construction contract patterns between these Chinese construction market and Korean construction market, and to learn from each other to gain more experiences.

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리포트 - "제31회 국제환경기술전(ENVEX2009)" 성황리에 마쳐

  • 환경보전협회
    • Bulletin of Korea Environmental Preservation Association
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    • s.382
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    • pp.30-31
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    • 2009
  • o 총 24개국 273업체가 참여하여 "LPI 하이브리드 저탄소 녹색자동차" 등 약 1,500여의 환경신기술 및 녹색 신제품 전시. o 중국, 일본, 베트남, 알골라 등 40여개국 600여명의 해외바이어 참가, 1,500억원의 수출계약 추진 및 향후 4,000억원 이상의 수출계약 전망.

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Study on Assessment of Damage arising from Breach of Contract for Early Redelivering Vessel of Time Charterers under International Contract of Transport by Sea (국제해상운송계약상 정기용선계약의 조기반선계약위반으로 인한 손해배상액의 산정문제에 관한 연구)

  • Se-Hwan Joo;Nak-Huyn Han
    • Korea Trade Review
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    • v.45 no.1
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    • pp.119-135
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    • 2020
  • It is well-known that if a claim for damage [Note: Damage can be singular or plural] is made based on a breach of contract, calculating the existence and magnitude of certain profits to be deducted based on the damage can be problematic. In the case of a time charter party, even if the early redelivering vessel by the time charterers constitutes a breach of contract, it is still not an exception. In particular, interest in the shipping business seems to be relatively high in terms of how claims for damage by ship owners have been adjusted. In the case of the New Flamenco, there is a debate over whether or not to deduct the difference between the sale price immediately after redelivering the ship and the sale price upon expiration of the contract from the damage based on the breach of contract for the early time charter redelivery vessel. This paper focuses on this case since it appears to be of practical importance and has implications on how to calculate the amount of damage in the case of cancellation for early redelivery vessel in a time charter party.

항만터미널운영자의 권리에 관한 고찰;대법원 2007.4.27.선고 2007다4943 판결 평석

  • Kim, Jin-Gwon
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2007.12a
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    • pp.49-50
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    • 2007
  • 선박의 대형화 및 해상사업의 기업화 등에 따라 해상운송에 있어 화물의 하역, 보관 등의 전문적인 부분을 담당하고 있는 항만하역업자, 항만터미널운영자, 창고업자 동 독립계약자의 역할은 점점 증대되어 가고 있는 추세이다. 하지만 국제해상운송은 해상운송인과 화주를 중심으로 체결한 운송계약을 중심으로 이루어져 왔으므로, 영국 보통법상의 직접계약관계의 원칙에 의해 계약당사자가 아닌 자는 계약상의 이익을 원용할 수 없다는 입장을 유지하여 왔다 이에 대해 이를 완화하고자 하는 다양한 방안이 적용되고 있으며, '히말라야약관'도 그러한 방안중의 하나이다. 본 논문은 최근 대법원판결을 통해 우리나라 법원의 히말라야약관의 유효성 인정에 대한 내용을 재검토해 본다.

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Implications for the CISG's Applicability concerning U.S. Court's Cases (미국법원의 판례를 통한 CISG 적용상의 함의)

  • Han, Na-hee;Ha, Choong-lyong
    • International Commerce and Information Review
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    • v.18 no.4
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    • pp.195-217
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    • 2016
  • The Convention on Contracts for the International Sale of Goods(CISG) endeavors to increase international trade through the creation of a uniform law of international sales. The CISG applies to contracts of sale of goods between parties whose places of business are in different States. If a party has more than one place of business, the place of business if that which has the closest relationship to the contract and its performance. Despite the importance of a definition for 'place of business,' the CISG does not provide one. Lack of a definition of 'place of business' may cause problems for parties trying to determine whether the CISG applies to their contract. Also Contracting parties can opt out of the CISG. But the CISG does not state whether the parties must expressly exclude the CISG's application to a transaction or whether they might do so by implication. we need to consider how effectively opt out of the CISG. Under U.S. law, the CISG is considered to be a self-executing treaty. So the CISG's provisions apply directly as substantive sales law to contracts for the international sale of goods. Despite the CISG's political and economic significance to U.S., U.S. Courts have overlooked the terms of the CISG. This article considered how to the CISG was recognized, interpreted and applied by the U.S. Courts in related cases.

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Research on International Technical Cooperation Relationship Process Model (국제기술협력 관계 프로세스 모형 개발에 관한 연구)

  • Kim, Jin-Suk
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.12 no.11
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    • pp.4796-4800
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    • 2011
  • In this paper has been developed a process model for the international technical cooperation. Model consists of five steps: Beginning phase, Partner search phase, contract phase, execution phase and exit phaseInthe beginning phase. The industries need to know about their own require and in the partners search phase they have difficulty navigating partner and to find the fit partner. In agreement phase the industries have problme with international law and in the execution phase they have cultural difficulties. Therefore, the government may need to seek support programs for each step.

Empirical Study for Financial Statements transfer by K-IFRS on the Insurance Company (보험회사 국제회계기준 적용에 따른 재무제표 전환의 실증연구)

  • Kim, Jong-Won
    • The Journal of the Korea Contents Association
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    • v.13 no.5
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    • pp.387-395
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    • 2013
  • Insurance accounting is the process of identifying, measuring, and communicating economic information to permit informed judgements and decisions by users of the insurance information. With the Korean-International Financial Reporting Standard(K-IFRS) on accounting for insurance contracts to be finalized by 2011 in Korea, the fair value accounting is expected to greatly affect the insurance industry in terms of insurance company' financial statements. This research analyzes the effect of financial statement as K-IFRS on the insurance accounting by comparing the financial statements of the listed company using past insurance accounting standard and the current K-IFRS standard. We analyzed the matched pair sample at loan amount, insurance contract debt, total assets amount, total debts amount, total capital amount in the financial statements of the listed 12 insurance company. We found that insurance contract debt, total assets amount, total debts amount, total capital amount are difference before and after K-IFRS applied insurance company.

Smart Contract Security Audit Trends and Services (스마트 계약 보안 감사 동향 및 서비스)

  • Chansol Park;Janghwan Kim;R. Young Chul Kim
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.6
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    • pp.1017-1029
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    • 2023
  • A large amount of transactions are taking place through Blockchain. Among them, the proportion of transactions through smart contracts is increasing. Accordingly, problems such as vulnerability attacks on smart contracts and fraud using smart contracts are increasing. Through security audits of smart contracts, developers can discover and resolve vulnerabilities, and users can distinguish whether smart contracts are fraudulent. However, there are currently no regulations and standards for security auditing of smart contracts, so services that perform security auditing are uneven. In this paper, we analyze security audit trends for smart contracts and identify what services are being provided. We investigate what elements are analyzed from smart contracts, focusing on security audit reports. Also, investigate what vulnerabilities can be detected. Finally, we investigate quality indicators for smart contracts and visualization elements of design extraction. Through this, we hope to be able to find visualization elements specialized for smart contracts.