• Title/Summary/Keyword: 표준제작계약서

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Contracts and Unfair Trade Practices in the Korean Broadcasting Production Industry (방송 제작산업의 계약관행과 불공정 거래)

  • Roh, Dong-Ryul
    • The Journal of the Korea Contents Association
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    • v.12 no.11
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    • pp.58-67
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    • 2012
  • It is widely observed in the Korean broadcasting production industry that unfair trade practices occur either when the drawing up a contract is ill-timed, when the contract's stipulations do not adequately cover possibilities in reality, or when the contract is simply breached. In particular, the most prevalent cause of the breach of contracts lies in the broadcasting production practices. Hence, systematic efforts should be made to improve the daily practices of the production industry by ensuring that the whole production process is carried out by contract. In order to achieve this, the following are suggested: i) A preliminary contract is to be made prior to the main one. ii) A standard production contract, which can be used as a template for other sub-contracts such as writing contracts, acting contracts, employment contracts, and so on, needs be introduced. iii) The standard contract should stipulate the obligations of the personnel from broadcasting companies, the recognition of the rights of production companies that created formats, and the boundary of the autonomy that production companies can exercise during production, in particular. iv) Prohibitive provisions are to be introduced into the Broadcasting Law in order to limit the causes for unfair trade practices.

A Study on the Disputable Issues of the Standard Form of Korea Service Contract - Focusing on Liquidated Damage and Minimum Quantity Commitment - (한국 컨테이너 해상화물 표준장기운송계약서 쟁점에 관한 연구 - 손해배상예정액과 최소약정물량을 중심으로 -)

  • Jae-woong Yoon;Yun-seok Hur
    • 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.

TV Program Writers' Copyright: Focusing on Writers of Informative TV Programs and TV Documentaries (구성다큐 방송작가의 저작권 인식과 제도 정착에 대한 연구)

  • Shin, Jung-Ah;Han, Hee-Jeong
    • The Journal of the Korea Contents Association
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    • v.15 no.4
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    • pp.75-87
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    • 2015
  • This study aims to explore how the copyright for writers of informative TV programs and documentaries is protected in the reality of broadcasting. For this study, 12 writers and the head of copyright department of the Korea TV & Radio Writers Association were interviewed in depth for research. Our interview findings suggest that writers have worked without written agreement signed by some form of legally binding contract. Instead, they have made verbal contracts. Writers should be aware of the reality of copyrights and request to readjust of basic copywriting fee from the Writers Association and each broadcasting station.

A Study on Development of Owner's Standard Specification Structure for Modular Building (모듈러 전문 시방서 개발을 위한 체계 구축)

  • Nam, Sunghoon;Park, Honggeon;Kim, Kyungrai
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.3
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    • pp.12-21
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    • 2019
  • Specification is an important document for securing safe construction and improving quality as well as the contract document. Currently, the specifications used in modular buildings in Korea are only the construction specification, and most of the contents are used by borrowing the standard specifications of the building, so the contents of the modular buildings can not be reflected and it is contents are similar to the guideline book. The current status of domestic specification for modular buildings is affecting the quality of modular buildings. Therefore, we analyze activity through monitoring the modular process of modular buildings and analyze systematically relationship by applying IDEF modeling with analyzed activity. As result this paper proposes a structure of special specification specialized in modular building through generalization. The major classifications were divided into three stages : factory construction, transportation, and on-site installation. The specification structure was divided into 32 types of construction items from the floor slab assembly of the factory production to the joint finish of the on site installation in accordance with the opinion of experts.

A Study on Improvement of Modular Specifications - Focused on technical specifying method in waterproof and mechanical works - (모듈러 공사시방서 개선방안에 관한 연구 - 방수 및 기계설비공사의 기술방안 개선을 중심으로 -)

  • Yoon, Jongsik;Shin, Dongwoo;Cha, Heesung;Kim, Kyungrai
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.3
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    • pp.33-41
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    • 2017
  • A modular specification is a contract document that specifies the requirements of production, transformation and installation in a modular construction. A problem of the currently used specification is that it does not guarantee the level of performance required by the modular construction and fails to accommodate unique characteristics of each construction because it widely uses the standard specification as it is. This study proposes a specification that reflects the unique feature of modular construction in order to improve the quality of modular construction. Research focuses on the leakage in waterproof and mechanical equipment because it is the area with the highest rate of defects. This study suggests ways to improve the modular specification as follows: 1)Descriptive specifying (following MasterFormat) 2)Propose leakage verification method and test clause 3) Reflect characteristic of modular construction. Proposed modifications to modular specification are reviewed by experts for validation and their opinion verifies suggested improvements as a way to secure the quality of modular construction and to promise characteristics of the modular specification. This improvement will be used for reference when writing construction project specification, which can be an important contract document, so that it could lower occurrence rate of the modular defects.

A Study on the Enactment Proposal of the Ship sale & Purchase in Maritime Law (해사법상 선박매매에 관한 입법적 고찰)

  • Jeong, Seon-Cheol
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2007.12a
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    • pp.51-55
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    • 2007
  • This thesis deals with the legal principles, case law decisions and suggestions for the Sale & Purchase of ships concerning enactment proposal of maritime law. Recently, the shipbuilding market has shown a major shift towards East Asia, particularly Korea, Japan and China. The major Korean shipyards in particular have engaged in substantial investment programmes both to expand their overall shipbuilding capacity and to enter new markets, such as for liquefied natural gas(LNG) carriers. The Korean Government has recently taken interest in the sale & purchase of used ships, utilizing the Internet and has made plans for building the Shipping Exchange in korea. So this thesis examines the situation of the world's shipping industry and the different kinds of the Sale & Purchase of ships. deals with the legal principles, and case law decisions. describes Forms of Shipbuilding Contracts and Memorandums of Agreement of second-hand ships. And makes suggestions for 1) the Shipbuilding Contracts of the shipowner's Association of Korea and 2) The Korean Shipbrokers' Association's Memorandum of Agreement for Ship Sale & Purchase in the korean shipping industry. Having reached the end of this thesis. the writer suggests to make terms of sale of ships in the korean civil code and commercial code, Additionally. the writer suggests to make a special law in relation to the Sale & Purchase of ships. Furthermore, the writer suggests expanding the Shipping Exchange in Korea.

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