• Title/Summary/Keyword: 사회계약

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The Changes of Social Welfare Services in Korea - Analyzing the Changing Relationship between Actors - (한국 사회복지서비스의 변화 - 행위자간 관계의 분석 -)

  • Yang, Nan-Joo
    • Korean Journal of Social Welfare
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    • v.62 no.4
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    • pp.79-102
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    • 2010
  • This paper aims to analyse the recent changes in social welfare services from a relational perspective. Discourses of the privatization of welfare state, the welfare mix approach, and consumerism have provided frames for interpreting the changes in social services in Korea. The nature of social welfare services, being a "relational goods" requires its focus to be in its relational aspects: the relation between service user and service practitioner; the relation between service user and provider; the relation between service user and government; the relation between service practitioner and provider; the relation between service practitioner and government; and the relation between service provider and government. Analysis of such relations will explore their transformation toward formalness and equality in social welfare services. In conclude, the study reveals a process of modernization, defined as a transition from informal relations to formal contractual relations, based on one's rights, responsibilities and obligations. Previous relations, of paternalistic, arbitrary and hierarchical characteristics, can be seen as being substituted by more formal, institutionalized and equalized relations. In terms of service purchasing contract between service user and service provider and employment contract between service provider and service worker are recognized with the latter characteristics. This relational analysis leads a discussion concerning the creation of institutional basis of one's rights and responsibilities in the fields of social welfare services in Korea.

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The Formation Conditions of Electronic Contracts for the Sale of Goods by On-line Under EC (전자상거래(電子商去來)에서 On-Line에 의한 매매계약성립(賣買契約成立)의 전제조건(前提條件) : Revised 1996 UCC Draft를 중심(中心)으로)

  • La, Kong-Woo;Han, Sang-Hyun
    • Korean Business Review
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    • v.12
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    • pp.303-321
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    • 1999
  • Electronic commerce, driven by the development of the Internet and computer, premises to be an important engine for growth for the world economy in th the 21st century. Electronic commerce offers considerable new opportunities for the business and citizens in all regions of the world by enhancing productivity across of our economics and encourage trade in both goods and services. Specially in relation to contract, electronic commerce requires a coherent, coordinated approach internationally on key issues such as a validity, a legality, consumer protection. Electronic commerce, which breaks down national boundaries and widens the gap between the place where services are performed and the place where they are consumed, requires a new paradigm when making an between contracting parties.

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A Study on the Effective Formation in Contract for the International Sale of Goods based on Revision UCC (정보화시대의 국제물품매매계약의 성립요건 - Revised UCC Draft 1996을 중심으로-)

  • 한상현
    • The Journal of Information Technology
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    • v.1 no.2
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    • pp.103-118
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    • 1998
  • The contract for the International Sale of Goods is a contract of sale of goods between parties of business in different countries beyond tariff line. In principle, the formation of contracts for the international sale of goods is conventional made through offer and acceptance. Though this principle outwatdly looks simple, They turn out complicated problems as to what is offer or acceptance, especially as to the exact time that contracts go into effect. For that reason, the parties who conclude an international Sales contracts effectively are must understand perfectly in the legal commercial aspects offer or acceptance that become basic elements in the formation contracts for the International Sale of Goods. So, In the thesis I tried to explain principles on the Effective Formation in Contract for the International Sale of Goods based on Revision UCC.

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공정한 거래 깨끗한 사회-광주지법 순천지원, "추가공사 미끼로 한 공사금액 부당감액 및 하도계약 일방파기 위법행위 배상" 판결

  • Korea Mechanical Construction Contractors Association
    • 월간 기계설비
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    • no.10 s.219
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    • pp.46-47
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    • 2008
  • 추가공사 발주를 미끼로 하도급 대금을 일률적으로 인하하고 다량 발주를 전제로 하도급 대금을 부당하게 감액하는 등 불법.불공정 하도급행위에 대해 법원이 철퇴를 가했다. 광주지법 순천지원 제1민사부(재판장 선재성 부장판사)는 모 하도급업체가 하도급대금미지급 및 부당한 하도급 대금 결정 등으로 손해를 봤다며 자신과 거래한 원도급업체를 상대로 제기한 손해배상 청구 소송에서 "원도급자는 하도급자에게 미지급 공사대금 3억8천600만원과 부당한 하도급 대금 결정에 따른 손해배상금 1억1천500만원, 계약부당 파기로인한 손해배상금 4천200만원 등 5억4천300여만원을 배상하라"고 원고 승소 판결을 내렸다고 밝혔다. 이번 재판은 법원이 하도급대금 미지급 분만 아니라 그 동안 하도급업계에 관행으로 여겨졌던 추가공사 발주를 미끼로 한 하도급대금 감액, 부당 계약해지, 추가계약 교섭 일방파기 등에 제동을 건 것이어서, 앞으로 하도급대금 결정 과정에 상당한 영향이 미칠 것으로 보여져 그 파장이 클 것으로 예상된다.

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The Legal Structure of Guard & Security Contract and the Prevention & Resolution Method of Security Disputes (경호경비계약의 법적 구조 및 분쟁의 예방과 해결 방안)

  • Ahn, Sung-Cho
    • Korean Security Journal
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    • no.11
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    • pp.129-157
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    • 2006
  • With rapid social change, by culminating the social hazards and the safety problems about it are on the increase too. According to the needs for the safety the demand of the private guard & security provided the safety and security service against danger is also increasing. As the need for the safety is increasing, so recently the private guard & security industry is extended. Therefore the purpose of this study is to grasp and carry out researches into the legal structure on the Security contract, is to analyze the formation of contract and find out the ensuing problem in order to prevent or settle the dispute which is apt to occur between the specific client and the security companies. In order to minimize the dispute going with security relationship in particular, it is necessary that one should write down the agreed contents as the document explicitly to make a security contract with the parties. Hereupon in the plan which standardizes the security contract with each parties autonomously, it is suggested that this study should present the model of Dispute Resolution Clause Especially it is the best means that it is amicable consultation or negotiation as the effective way of settlement methods of private dispute arising from the concerned parties. In inevitable case it recommends the method which solves the dispute by means of an arbitration than litigation at administration of justice(in terms of jurisdiction). If the parties wish to settle the disputes by arbitration, they must come to an arbitration agreement in the form of a arbitration clause in the security contract. After the test and evaluation through application utilizing it in actual security field, the security standard contract regulates about it and this terms should widely apply a individual case to whole industry.

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TradeB: A Blockchain-based Property Trade Service Using Trusted Brokers (TradeB: 신뢰성있는 중개인을 통한 블록체인 기반 재화 계약 서비스)

  • Yoon, Yeo-Guk;Eom, Hyun-Min;Lee, Myung-Joon
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.9 no.9
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    • pp.819-831
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    • 2019
  • The types of properties traded in modern times are rapidly increasing due to changes in consumption patterns. However, as the type of properties traded increases, estimation about the value of properties may become inaccurate. There is a problem that it is difficult for consumers to estimate the right value and the variety of trading forms makes it difficult to guarantee the reliability of value estimation As access to a variety of properties has expanded, these shortcomings are considered to be a factor that hinders the stability of the shared economic market. In this paper, to resolve this issue, we present a blockchain-based property contract service through a trusted broker. The developed service registers trusted brokers into smart contracts on the Ethereum blockchain and use them for the evaluation and contract process of properties. In addition, registered contents, proposals and contracts of properties are stored in the blockchain to ensure the reliability of the contract process. Every step of the contract process is stored in the smart contract, recorded in the transaction history of the blockchain, ensuring the reliability of the stored data. In addition, the entire process of registration, proposal, and contract is driven by smart contracts designed by state machine technology, enabling users to more securely control the contract process.