• Korea Trade Review
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• v.48 no.2
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• pp.217-243
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• 2023

This study revealed practical implications by analyzing the clauses and disputable issues of the Korea Service Contract. Korea introduced Servcie Contract in the container part since Hanjin Shipping's bankrupcy and distributed the standard form(2019). After that, the standard form was revised during the supply chain crisis(2022). In the standard form, there are clause that require agreement due to conflicting interests of shipper and carrier. Therefore, the main clauses of the standard form were analyzed to derive the practical meaning to the both parties. In addition, in the process of introducing the standard form, the most disputable issues, liquidated damages and minimum quality commitment, were deeply analyzed to explain how shipper and carriers' benefit and loss differ as the clause changes. In conclusion, both parties must set LD at a very reasonable level so that they do not proceed separately with penalty. In addition, 'evenly' is a much more important than quantity for carrier in the establishment of MQC, so extra box option for shipper even during the peak season is needed to accommodate with service contract.

• Korean Journal of Construction Engineering and Management
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• v.20 no.6
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• pp.3-10
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• 2019

The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

• Korean Journal of Construction Engineering and Management
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• v.24 no.2
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• pp.79-87
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• 2023

Given that most government contracts are based on a fiscal year, long-term continuing construction contracts require appropriate provisions as significant amounts of budget is supposed to be invested for several years. This study drew problems and improvements of the long-term continuing construction contracts by analyzing the contents of FGI and list of construction order. We found that a number of problems, such as the mismatch between laws and enforcement decrees, difference in calculating overheads due to the extension of construction period, many construction orders that are hard to see as budget efficiency and over investment in the final annual contract, were tangled up in the process. To solve the problems mentioned, we suggested several improvements as follows: (1) effect of total construction period and total amount should be guaranteed by a law, (2) it is suggested that the scope of long-term continuing construction contract is determined by a law, and (3) it should be clear about the calculation of overheads concerned with the extension of construction period as well as the estimation of construction period to prevent over investment in the final contract.

• 어항어장
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• s.6
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• pp.48-52
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• 1989

• Journal of the Korea Academia-Industrial cooperation Society
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• v.14 no.11
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• pp.5964-5970
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• 2013

The recent budget planning for highway infrastructure implied that the investments for Operation & Maintenance(O&M) became greater than that for new construction. This circumstance made many stakeholders pay attention to the O&M of road infrastructure and adopt other countries' policies and system for effective management. In other countries, most O&M for road infrastructure have been done by private entities using long-term contract and Korea is about to shift from one year contract to long-term contract. The most important parts for the expansion of the long-term O&M contract for road infrastructure are valuation of the O&M contract based on accurate prediction of O&M costs and instrument for proper risk sharing between contracting parties. Thus, this study provides a methodology to estimate a reasonable O&M contract price and a framework to share contract risk between contracting parties using real option. The analysis results showed that the contract price and ceiling and floor conditions for the 20 year-contract of 20 km-highway project were 45.7, 60 and 42.3 billion won, respectively.

• 월간 기계설비
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• s.318
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• pp.54-55
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• 2017

장기계속건설공사에 있어 수급사업자에 대한 원사업자의 계약이행보증금 중도반환 규정이 신설됐다. 이에 따라, 연차별로 계약의 이행을 완료한 원사업자는 국가 등 공공발주자로부터 계약보증금을 반환받을 수 있는 날부터 30일 이내에 수급사업자에게 연차별 하도급계약이행보증금을 중도에 반환해야 한다.

• 한국IT서비스학회:학술대회논문집
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• 2008.11a
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• pp.88-91
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• 2008

국내에서 SLA를 도입한 지 수 년이 지났지만 SLA에 대한 의미 있는 성과를 제시하는 사례는 많지 않았다. L그룹도 SLA를 도입하였지만 SLA와 연계된 대가산정 모델의 적용에 있어 다양한 이슈가 있어 왔고, 이를 해결하고자 수 년 간 계약모델을 지속적으로 발전시켜 SLA기반 장기계약모델(SLA V3.0)을 개발하여 적용하게 되었다. L그룹의 사례는 SLA 도입을 고려하고 있거나 현재 도입 중에 있는 조직들이 겪고 있는 다양한 이슈들에 대해 의미 있는 시사점을 제시한다.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.31-36
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• 2001

Construction contract have great possibility of dispute between contract parties because of long term performance of contract, various participation of the person concerned, effect according to external environment, etc. It is needed correct comprehension and construction management because good reason of claims depends upon contract document or clauses of the related laws and regulations in cases. The purpose of this study is to suggest desirable Interpretation principle for the harmonious management of the construction work in the cases or arbitration adjudication.

• The Korean Journal of Applied Statistics
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• v.31 no.6
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• pp.771-783
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• 2018

The life insurance industry is interested in various factors that influence the long-term extensions of insurance contracts such as the necessity for the advisors' long-term management of consumers, product consulting, and improvement of the investment aspects. This paper investigates important factors leading to a long-term contract that forms an important part of the life insurance industry in Korea. For this purpose we used the data of contents (i.e., data from Jan 1, 2011 to Dec 31, 2016) of the contracts of xxx insurance company. In this paper, we present how to select important variables to influence the duration of the contract maintenance via a penalized Cox's proportional hazards (PH) modelling approach using insurance life data. As the result of analysis, we found that the selected important factors were the advisor's status, the reward type 2 (annuity insurance) and tendency 4 (safety-pursuing type).

• 월간 기계설비
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• s.259
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• pp.48-49
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• 2012

공정거래위원회는 하도급거래에서 서면계약 문화와 공정한 하도급 거래질서의 조기정착을 위해 건설업 표준하도급계약서에 수급사업자의 계약이행 보증부담 경감조항(장기계속공사 연차별 계약 이행 완료 시 이행완료부분에 대한 계약이행보증금 반환)을 신설하는 등 '건설업종 표준하도급계약서'를 대폭 개정해 지난 1월 5일부터 시행에 들어갔다. 이번 표준하도급계약서 개정은 그동안 대한설비건설협회가 수차례 건의한 것으로 공정거래위원회가 의견수렴 및 협의를 거쳐 추진됐다. 공정거래위원회는 원사업자와 수급사업자간의 공정한 하도급거래 질서의 정착을 위해 하도급법 제3조의2에 따라 건설업 표준하도급계약서를 작성 보급하여 사용토록 권장하고 있다. 이 자료는 협회 홈페이지(www.kmcca.or.kr)의 <커뮤니티-협회내공유자료>에서 다운로드 받을 수 있다.