• Title/Summary/Keyword: 당사자 의무

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법령과 고시 (2): 지방계약법 고시금액 변경

  • 대한설비건설협회
    • 월간 기계설비
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    • s.247
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    • pp.29-31
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    • 2011
  • `국가 및 지방자치단체를 당사자로 하는 계약에 관한 법률'의 고시금액이 변경됨에 따라 지역제한 대상공사와 지역의무공동도급공사의 적용범위가 변경되었다. 자세한 내용은 다음과 같다.

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법령과 고시 ②-국가를 당사자로 하는 계약에 관한 법률 시행령 개정

  • Korea Mechanical Construction Contractors Association
    • 월간 기계설비
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    • no.7 s.192
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    • pp.35-38
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    • 2006
  • 국가를 당사자로하는 계약에 관한 법률 시행령∙시행규칙 및 회계예규가 일부 개정되었다. 이번에 개정된 주요 내용은 입찰참가자격 사전심사 대상의 확대 및 의무화, 최저가낙찰제 대상공사의 확대, 건설재해 및 제재처분 사항 관련 신인도 평가제도 개선(본지 법령과 고시① 참조), 공사의 현장설명제의 보완, 계약이행보증방법의 변경제도 도입, 부정당업자의 입찰참가자격 제한 범위 확대, 입찰방법 심의기구의 일원화 등이다. 본지는 국가계약법 시행령∙시행규칙 및 회계예규의 주요 개정 내용을 게재한다.

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Responsibility allocation by awareness of parties on dangerous goods in maritime transport (국제해상운송에서 위험화물 인지에 따른 당사자의 책임 분배에 관한 연구)

  • Lee, Yang-Kee;Choi, Ji-Ho;Shin, Hak-Sung
    • International Commerce and Information Review
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    • v.16 no.4
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    • pp.125-150
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    • 2014
  • The number of dangerous goods are increasing in maritime transport. As a result, a number of nations and international organizations are establishing or amending the rules of dangerous goods. There is necessarily the transport of dangerous goods like fuel and the importance of the definition and scope of the goods is increased. In addition, the responsibility between the parties is different with the notification of the goods and its awareness of transporters. In particular, responsible clauses of the transport rule show antithetical concepts between the scope of immunity and the responsibility of a shipper concerned with wether transporters aware. This research performs two works. First, this research analyzes the definitions and scope of dangerous goods through prior research. Second, this research suggests the necessary of united interpretation of the articles through a comparative analysis on judical decisions concerned with awareness of transporters to dangerous goods. Dangerous goods have a distinctive feature and that is why responsibility and immunity between parties should be differently interpreted with general rules. Parties have duty concerned with faults on general goods and the scope of duty between parties can be specifically made. However, if there is no specific articles concerned with responsibility between parties to dangerous goods, they could confuse the responsibility on duties concerned with risk. Therefore, this research suggests solutions and necessary of the united criteria for the articles to dangerous goods through analyzing precedent cases.

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A Study on the Legal Explanation and Cases of the Buyer's Obligation to Pay the Price for the Goods under CISG (CISG하에서 매수인의 물품대금지급 의무에 관한 법적 기준과 판결례에 관한 고찰)

  • Shim, Chong-Seok
    • International Commerce and Information Review
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    • v.15 no.3
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    • pp.199-224
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    • 2013
  • Section I of Chapter III ('Obligations of the Buyer') in Part III ('Sale of Goods') of the CISG consists of six articles addressing one of the fundamental buyer obligations described in article 53 of the CISG: the obligation to pay the price. Although the amount of the price that the buyer must pay is usually specified in the contract, two articles in Section I contain rules governing the amount of the price in particular special circumstances: article 55 specifies a price when one is not fixed or provided for in the contract, and article 56 specifies the way to determine the price when it is 'fixed according to the weight of the goods'. The remaining four provisions in Section I relate to the manner of paying the price: they include rules on the buyer's obligation to take steps preparatory to and to comply with formalities required for paying the price (article 54); provisions on the place of payment (article 57) and the time for payment (article 58); and an article dispensing with the need for a formal demand for payment by the seller (article 59). Especially article 53 states the principal obligations of the buyer, and serves as an introduction to the provisions of Chapter III. As the CISG does not define what constitutes a 'sale of goods', article 53, in combination with article 30, also sheds light on this matter. The principal obligations of the buyer are to pay the price for and take delivery of the goods 'as required by the contract and this CISG'. From this phrase, as well as from article six of the CISG, it follows that, where the contract provides for the performance to take place in a manner that differs from that set forth in the CISG, the parties' agreement prevails.

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A Study on the Current Status and Tasks of Medical Records Management: Focused on Applying the KS X ISO 15489 to the Y Hospital (의무기록관리의 현황과 개선방안: KS X ISO 15489표준의 Y병원 적용 중심으로)

  • Lee, Eun-Mi;Kim, Myeong;Hee, Jin
    • Journal of the Korean Society for information Management
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    • v.29 no.3
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    • pp.257-285
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    • 2012
  • As the electronic medical records systems (EMRs) are introduced into the hospitals in Korea and the needs of chief stakehoders of medical records are changed, the environments related to creating and managing medical records has been changed dynamically. At this moment it might be meaningful to examine medical records based on records management principles rather than information management principles. The purpose of this paper is to apply the KS X ISO 1549 standards, which covers the principles of records management, to hospital medical records management and assess the current quality of medical records management, and define a few tasks of improvement for hospitals. To achieve this goal, this study has performed following activities: Firstly, principles that could be applied to medical records management were prepared for each record management steps described in the standards, such as capture, registration, classification, storage, access, trace and disposition, and 22 principles were selected from those 7 steps of the record management. Secondly, the Y hospital, which is affiliated with a medical school in Seoul, was chosen to evaluate the current situation regarding medical records management. The department head of the medical records management team in Y hospital was interviewed and the present status was evaluated according to each principle. Thirdly, tasks for improvement were suggested, in such stages as access, trace and disposition. With this study as a cornerstone, useful implications are expected to be gathered from future studies that apply standards for metadata of records, management systems for records, and record management systems to medical record management in hospitals.

A Study on the Main Obligations in Entering into the International Franchising Agreement (국제가맹계약시 당사자의 주요의무에 대한 소고)

  • Lee, Gyu-Chang;Park, Jong-Sam;Kim, Jae-Deong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.465-495
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    • 2011
  • Domestic franchised businesses have been showing relatively fast growth, but the growth is expected to slow down as in those developed countries. In face of this changing market environment, domestic franchisers will have to turn their eyes abroad to achieve sustainable growth. On the other hand, more international franchisors could pursue expanding into the Korean market due to economic or strategic reasons in their home countries. In general, enterprises are faced with several barriers when entering foreign markets by franchising their operation. Issues relating to such entry barriers can be broadly classified into legal and managerial. To begin, international franchising necessitates enterprises to handle various aspects of legal issues. There are no internationally unified rules for franchise agreements as in international goods purchase contracts. This forces franchisors to have deep knowledge of concerned regulations and practices of each of the individual target countries, in particular franchising practices which differ from those of their own countries in terms of rights and obligations of the involved parties. Having regard to this situation, this study reviewed the EU's PEL CAFDC and other domestic and overseas regulations governing franchising. From the results, several contractual obligations were derived that need to be taken into account when handling the issues around the international franchise agreement. In closing this paper mainly having in mind enterprises in various business lines seeking to expand into international franchising, some unmet needs are worth commenting. First, there is an urgent need to establish practical guidelines along with the model agreement addressing the issues of international franchising in the absence of any unified international rules. Second, to meet the first need above, it is needed that the relevant authorities conduct a comprehensive review of the existing franchising regulations available across overseas countries and, based on the results, embark on gathering good common elements in the existing franchising regulations in individual countries, ultimately developing the best possible guidelines and examples.

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