• Journal of Arbitration Studies
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• v.22 no.3
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• pp.47-69
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• 2012

This paper investigates the U.S. courts'attitudes toward the legal doctrine of adhesion contracts, which have been employed as contract defenses by individual consumers who have entered into consumer arbitration agreements with businesses. Some requirements have been added to the sole adhesiveness of the arbitration clause that can invalidate the arbitration clause, including unconscionability and unreasonable harshness. It seems that the U.S. courts have moved toward a more tightened stance in evaluating the validity of consumer arbitration clauses, favoring consumer arbitration.

• 월간 기계설비
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• no.9 s.218
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• pp.51-55
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• 2008

제출된 입찰서는 대부분 공개적으로 개봉하며, 입찰자의 명칭과 입찰금액이 함께 공표된다. 감리자는 입찰서가 산술적으로 정확한지, 요구된 자재 및 입찰문서의 조건에 부합하는지를 검토하고, 입찰자와 면담 등을 통해 입찰서의 평가를 완료한 후 발주자에게 낙찰(계약)수여에 관해 추천을 한다. 발주자는 낙찰된 입찰자에게 낙찰통지서(Letter of Award) 또는 낙찰(계약)의향서(Letter of Intent)를 발급해 시공자가 작업준비를 할 수 있게 한다. 낙찰통지서를 받은 시공자는 공사이행보증서(Performance Bond) 및 선수금 보증서(Advance Payment Bond)를 제출하고, 입찰보증서(Tender Bond)를 반환 받으며, 계약체결을 완료한다.

• Proceedings of the Korea Society for Industrial Systems Conference
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• 1998.10a
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• pp.461-477
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• 1998

최근 기업들은 과거처럼 양적 성장위주의 경영관리체제에서 벗어나 변화하는 경영환경에 부합사는 새로운 변신을 강력히 추진하는 전력도구로서 아웃소싱을 점차 고려하고 있다. 이러한 정보기술 아웃소싱의 성공과 실패를 결정짓는 중요한 요소중의 하나는 벤더(vendor)와 클라이언트(client)간의 힘의 균형관계다. 본 연구는 벤더와 클라이언트간의 힘의 균형관계가 아웃소싱계약의 엄격성 정도와 갈등관계에 미치는 영향과 계약의 엄격성 정도가 갈등에 영향을 주는 정도를 조사했다. 실증분석결과 첫째, 힘의 균형과 갈등관계에 있어서는 정보력 불균형이 서비스 질 문제갈등과 이윤문제갈등에 부(-)의 영향을 주며, 준거력 불균형이 이윤문제 갈등에만 부(-)의 영향을 주는 것으로 나타났다. 둘째, 힘의 균형과 계약의 엄격성 정도에 있어서는 정보력불균형이 계약수정정도 및 도구개발정도, 전제내용기술정도 모두에 각각 부(-) 의 영향을 주며, 준거력 불균형 또한 계약수정정도 및 도구개발정도, 전제내용기술정도 모두에 각각 부(-)의 영향을 주는 것으로나타났다. 마지막으로, 계약의 엄격성정도와 갈등관계에 있어서는 도구개발정도만이 비용문제, 서비스질문제, 이윤문제 갈등에 각각 부(-)의 영향을 주는 것으로 나타났다.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.151-171
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• 2010

This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.89-105
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• 2019

This paper reviews and analyzes the U.S. cases and statutes on the issue of party autonomy in arbitration agreement. Arbitration agreement has been interpreted somewhat differently from general contracts because its legal characteristics are not purely contractual by nature. For example, some legal scholars insist that an arbitration contract is more about an agreement on a process of dispute resolution than a creation of rights and obligations to avoid litigation. Party autonomy was discussed in diverse legal perspectives including contract of adhesion, VKI principle, and separability of arbitration clause. These three legal perspectives are discussed to set the legal relationship between party autonomy and protection of consumers in consumer arbitration. In addition, it was discussed how legal defects in the formation of an arbitration contract can influence the party autonomy. The legal defects that were discussed to analyze the relationship between arbitration agreement and party autonomy included misrepresentation, fraud, mistake, duress, and undue influence.

• Culinary science and hospitality research
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• v.19 no.4
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• pp.56-76
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• 2013

With a distinction made between contract breach and contract violation, this study develops a structural model that investigates whether each dimension of contract breach influences experience of a contract violation in the hotel industry. At the same time, the impact of such a violation on hotel employees' work outcomes has been studied. One hundred and seventy eight employees, who are employed in five star deluxe hotels participated in the study and a structural equation modeling(SEM) is employed. The result indicated that good working relationship, and training and development, a so called relational oriented breach, make positively significant impact on contract violation. Whereas, benefits and salary categorized as transactional oriented breach does not. Also, the suggested employee outcomes including high turnover intent, low job satisfaction, and person-organization fit have been influenced by contract violation. As a result, hotel practitioners need to clarify the contract items prior to employment and during employment and to prepare to react to unmet promises.

• 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.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.57-75
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• 2007

Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

• KIPS Transactions on Software and Data Engineering
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• v.11 no.10
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• pp.399-408
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• 2022

ERC-20, the standard API for Ethereum token smart contracts, was introduced to ensure compatibility among applications such as wallets and decentralized exchanges. However, many compatibility vulnerability problems have existed because there is no rigorous functional specifications for each API nor conformance review tools for the standard. In this paper, we proposed a new review procedure and a tool to perform the procedure to review if ERC-20 token smart contract programs for the Ethereum blockchain conform to the de facto standards. Based on the knowledge from an analysis on the ERC-20 API functional behavior of the top 100 token smart contract programs in the existing Ethereum blockchain, a new specification for the de facto standard for ERC-20 API was explicitly defined. The new specification enabled us to design a systematic review method for Ethereum smart contract programs. We developed a tool to support this review method and we evaluated a few benchmark programs with the tool.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.165-187
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• 2011

This paper investigates on the legal doctrine of "voluntary, knowing, and intelligent" (VKI Doctrine). The main points that were discussed include the history of the VKI doctrine and the US courts' attitudes toward the doctrine. It was also discussed how the VKI doctrine influenced the protection of consumer who agreed to arbitrate with businesses. The US courts' attitudes have shown to be split in application of the VKI doctrine to disputes in the enforceability of arbitration agreement between the consumers and the businesses. In order for the arbitration agreement to be invalidated, the state legislature cannot enact law that are directly targeted toward the validity of arbitration agreement. Rather the contract law in each of the state should be applied to the evaluation of the validity of an arbitration agreement. As the more and more consumers become familiar with the arbitration, the need for the VKI doctrine to protect the individual consumers in arbitration is expected to be diminished in future disputes.