• 월간 기계설비
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• s.319
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• pp.86-90
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• 2017

근로계약 체결 시 사용자는 법적 의무를 준수하기 위해 반드시 명시하여야 할 사항은 근로계약서에 기재하고, 기타 개별 근로자와의 특별한 계약내용 및 기업의 인사관리정책상 계약서에 반드시 명시하여야 할 내용이 있다면 계약서에 서면으로 명시하는 것이 계약당사자간 신뢰를 확보하고 분쟁을 예방하는 방안이라 하겠으며 취업규칙에 위임하는 통일적인 근로조건 사항에 대해서는 취업규칙을 열람하게 하는 것이 바람직합니다.

• 보건세계
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• v.39 no.9 s.433
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• pp.54-56
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• 1992

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.167-190
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• 2012

The purpose of this study is to find out some countermeasure to Korean companies entered Chinese market through analyzing an arbitration case resolved by CIETAC applied of Chinese Commission Agency Law and CISG. China create legal relationship between the principal and the third party under Chinese Consignment Contract Law. Korean companies so make sure whether this Contract is included when they conclude international commercial contract. If yes, they have to prove their recognition for the relationship between the principal and the commission agent when needed. If the parties agreed an additional period of time of delivery and the seller do not deliver the goods within this period, this breach might be regarded as fundamental nature and the buyer could declare the contract avoided. In addition, late delivery might also be regarded as fundamental breach when market price is fluctuated. It is understandable that attorney's fees is recoverable one, but it is not understandable that arbitrator's extra expenses such as travel and accommodation expenses is not recoverable with the reason that arbitrator comes outside of the country.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.119-148
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• 2015

Generally, the liability for breach is defined as the civil liability that arises from the conduct of violation of a contract. There are two notable principles governing liability for breach that have fundamental impacts on the unified Contract Law of the People's Republic of China (hereinafter Chinese Contract Law) in the remedies. In China, during the drafting of the Contract Law, there was a great debate as to whether damages for breach of contract ought to follow the fault principle or to follow the strict liability principle. Ultimately the Chinese Contract Law follows the model of the CISG on this point, namely, it follows the strict liability principle (article 107) with an exemption cause of force majeure. Under Chinese Contract Law, it is interpreted as strict liability in principle. Strict Liability is a notion introduced into Chinese Contract Law from the Anglo-Saxon Law. The strict liability or no fault doctrine, on the contrary, allows a party to claim damages if the other party fails to fulfill his contractual obligations regardless of the fault of the failing party. Pursuant to the strict liability doctrine, if the performance of a contract is due, any non-performance will constitute a breach and the fault on the party in breach is irrelevant. This paper reviews problems of legal character or legal ground of contractual liability in Chinese contract law. Specifically, focusing on the interpretation of Chinese contract law sections and analysis of three cases related contractual liability in freight agency, the paper proposes some implications of structural features of Chinese contract law and international commercial transactions.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.12
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• pp.200-211
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• 2019

This study analyzed the factors related to the job satisfaction and turnover rate of students in the skin care contract department, and suggested ways to enhance long-term employee retention. Frequency analysis and multiple regression analysis were performed using the SPSS statistical program and based on the survey data of 260 skin care contract students. The main results were as follows. First, contract students had high job satisfaction because of sufficient in-service training during the internship and also received the authority to perform the job duties of their positions. Second, the regular technical education for the job of contract students gave them confidence in job performance and job confidence, which led to long-term employee retention. Third, contractual students' turnover was reduced by applying compensation such as incentives, awards, and promotion opportunities in accordance with their work performance. Therefore, the results of the study suggest that compensation based on job performance, and the confidence in job performance of skin care contract students, can lead to increased job satisfaction, a reduced turnover rate and better long-term employee retention.

• The Journal of the Korea Contents Association
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• v.15 no.5
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• pp.168-178
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• 2015

Besides the imposition of taxes and mandatory actions, why in a special rules needed in the contract between state and civilians. The contract between the state and civilian are unlike with civilian's contract in the comparable effect, even if the effect of the agreement and the parties bear the structural nature of the self-other agreement between private economic actors and there are a variety of different specificity. In other words, the agents of the contract with the state government for control of opportunistic behavior are very specific rules exist. Through this, even if it is the relationship between state and non-mandatory private realms of the contract, even if the area forced me to the fact that the difference can be confirmed. Representative of the government of the country to understand the delegate decisions and judgments and other opportunistic behavior always seem to exist on the possibility of such devices for the pre-control needed.

• Korean Journal of Construction Engineering and Management
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• v.12 no.1
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• pp.97-106
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• 2011

Construction Management is the overall management of the project as construction manager and the owner are united together. Construction manager's role is to conduct the overall or partial construction administration in the 'design, bid, build' process, in the owner's interests with maintaining technical neutrality. Construction manager is becoming one of new professionals in the building process and the contract defines their roles and the range of services, so high level of ethnics are required. This study suggests the legal status of the construction manager and the ethnic standards and the ethnic's characteristics. In conclusion, firstly, the legal characteristics of the administration of construction management are the delegations contract, the responsibility of negligence and the duty of due diligence, abided by the contract that ties between the owner and the construction manger. Secondly, the administerial characteristics of the construction management are the role of mediator, the service of professional technology, accountability to the owner and publicness. Thirdly, due to these characteristics, as a professional, the standard of ethnic assessment for the construction project manager are intention, act and result, so with the relation to that, morality, deontology and consequentialism have been suggested in this study.

• Journal of Korea Technology Innovation Society
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• v.21 no.4
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• pp.1345-1365
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• 2018

Following principal-agent relationship between government and funding agency effects on efficiency and management of project, this paper suppose that project management cost rate variable on outsourcing and administration of institution, applies multiple regression analysis and logit analysis by using factors that procurement status of institutional operating expenses and each subordinates scale (Budget, subject number) and method (Top-down/Bottom-up), not a total amount, for examining factors following project efficiency analysis and way of commission. The major variables which effect on efficiency of institution are management cost scale (0.36), institutional operating expenses ratio (-0.47), way of outsourcing, the factors that affect way of outsourcing are portion of project management cost (-38.5) and institutional operating expenses rate (-11.7). This means both legal and financial stability are necessary and it is avoidable moral hazard and adverse selection on principal-agent problem.

• The Korean Journal of Financial Management
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• v.15 no.1
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• pp.245-261
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• 1998

본 논문은 다기간 대리모형에서 나타날 수 있는 대리비용 중에서 대리인과 위임자의 의사 결정고려기간(decision-making horizon)의 차이로 인해서 발생할 수 있는 과소투자유인을 연구 대상으로 하고 있다. 대리인인 경영자는 자신의 명성을 고려해서 투자효과가 자신의 임기내에 나타나는 투자안에 높은 관심을 가질 것이다. 그런데 계속기업을 전제로 하면 대리인인 경영자는 위임자인 주주보다 투자의사결정시 고려하는 기간이 짧아서 과소투자의 가능성이 존재한다. 동적최적화 기법을 이용한 이론적 모형의 결과도 대리계약기간이 짧을수록 투자수준이 낮을 것으로 나타났다. 이러한 내용을 한국상장기업들을 대상으로 임원근속기간과 설비투자수준의 관계에 대해서 실증분석한 결과, 이론적 기대와 일치하지만 통계적 유의성은 낮은 편이었다. 이같은 결과는 전문경영체제가 확립되어 있지 않은 한국기업환경의 특성에 기인한다고 생각된다.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.46-53
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• 2002

Although Public Construction Works in Korea have been executed according to Government Contract Act, and nature of contract is very complicated. So it is difficult to define liability for the defects. Therefore the studies on the defective performance and contractor's defects liability were remained one of the non-cultivated virgin land. As a result, contract privy waive the right to claim or generally resolve the problems. Therefore domestic and overseas liability for the defects was investigated and liability for the defects, under and after construction, on the defective performance and defects, was analysed. With a literature research, contractor's defect liability was systematically analyzed, problems were defined and resolution of the problem were suggested item by item in this study.