• Title/Summary/Keyword: Characteristics of contract

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The Empirical Study on Unfair Terms in Services Contract and Consumer Problems (서비스약관과 관련된 소비자문제의 실증연구)

  • 박수경
    • Journal of the Korean Home Economics Association
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    • v.36 no.5
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    • pp.89-106
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    • 1998
  • Standard contsacts are drafted by one side only and therefore naturally favour that party. The other party must either adhere to those terms or abandon the transaction entirely. Accordingly the terms in these contracts tend to by quite harsh, especially so in consumer transactions. The objectives of this study are to examine the degree of consumer knowledge practical use, experience of consumer problems on service contract terms and to investigate the factors which influence on the degree of experience of consumer problems related the contract terms. The data used in this empirical study included 685 consumers experienced transactions with the terms in the last two years in Seoul. Statistics used for data analysis ere Reliability, Frequencies, Means, Standard Deviation and Multiple Regression Analysis. The conclusions can be summarized as follows. 1) Actually, consumers experienced many problems related the service-contract terms, despite regulation of unfair contract terms. 2) The level of education and purchasing experience variables have affected positively to the level of consumer problem experiences related the contract terms. 3) The effect of trend and characteristics of contract terms are variables with the type of contract terms. Therefore the regulation of the contract terms have to by differently enforced according to the type of contract terms.

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The Impacts of Personal Characteristics and Company-Related Characteristics on the Job Satisfaction of Dietitians Engaged in Contract Food Service Management Company (서울.경기지역 위탁급식전문업체 영양사의 직무만족에 영향을 미치는 개인 특성과 급식소 운영 특성 분석)

  • Choi Mi-Kyung;Kim Hee-Yeon;Shin Seo-Young;Yang Il-Sun
    • Korean Journal of Community Nutrition
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    • v.11 no.4
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    • pp.502-511
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    • 2006
  • The purposes of this study were to measure job satisfaction levels of dietitians engaged a in contract food service management company, and to examine the impacts of personal characteristics and organizational characteristics on the job satisfaction of dietitians. The questionnaires developed for this study were distributed to 230 dietitians of contract food service management companies in the Seoul and Gyeonggi areas, and a total of 187 (81.3%) questionnaires were used for analysis. Statistical analyses were completed using SPSS (Win 11.5) for descriptive analysis, correlation analysis, t-test and ANOVA. The average job satisfaction score of the dietitians was 2.83, which is lower than "not satisfied" and "not dissatisfied" (3), "Marital status" (p < 0.001), "payroll per year" (p < 0.001), "age" (p < 0.05) and "work experience as a dietitians" (p < 0.05) had significant effects on job satisfaction of work and environmental factors. "Operating group" (p < 0.05), "type of menu" and "type of service" also affected the job satisfaction. Overall, it is important that managers of contract food service management companies establish specified human resource management strategies with understandings of the characteristics of their dietitians and companies to enhance the job satisfaction of dietitians, and to achieve their managerial goals.

A Study on Characteristics for a Contract Power Conversion Factor and Analysis of a Maximum Utilization Factor of Transformer in Industrial Customers (산업용전력사용고객의 변압기최대이용률과 계약전력환산율에 관한 연구)

  • Kim, Se-Dong;Yoo, Sang-Bong
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.22 no.6
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    • pp.44-49
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    • 2008
  • Contract power conversion factor which is applied to estimate contract power of industrial customers is an important standard to caculate transformer capacity. This paper shows a reasonable contract power conversion factor, that was made by the systematic and statistical way considering actual conditions, such as investigated contact power and peak power for the last 5 years of each customer for 349 industrial customers as to AMR. In this dissertation, it is necessary to analyze the key features and general trend from the investigated data. It made an analysis of the feature parameters, such as average, standard deviation, median, maximum, minimun and thus it was carried by the linear and nonlinear regression analysis. Therefore, this paper compared characteristics for a contract power conversion factor which is a lied to calculate contract power with characteristics for a regression model for customers which maximum utilization factor of transformer is more than 60(%).

Product Liability in the Shipbuilding in the "MSC Carla" case (MSC Carla 사례상 선박의 제조물책임)

  • Seo, Jeong Woo;Jo, Jong Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.155-185
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    • 2014
  • Liability for the manufacture or supply of defective products can arise in two principle ways, in tort and in contract. English law has long regarded shipbuilding contract as agreement for the sale and purchase of goods. The consequence of which is that unless the Buyer and Builder agree otherwise, terms will automatically be implied into the contract between them as to the quality and performance of the completed vessel. The same principle applies to sub-contracts allied to the shipbuilding contract. On the other hand, one case decisions established that ".... a contract to build a ship, though a contract of sale of goods, has also some characteristics of a building contract", Recently the liability of a manufacturer in tort for physical damage i.e. personal injury and damage to property other than alleged to be defective is now well settled in most countries. Accordingly the Builder may face third party claims in tort more regularly than they have in the past, if the statutory implied terms have not been expressly excluded in contract. In such circumstances, it is necessary for the Builder to be prepared with counter measures to secure the stability of the vessel from its design development, building process, delivery and operation etc. The purpose of this paper is, from the case of "MSC Carla", to review product liability, jurisdiction and the initial date of extinctive prescription, then to suggest counter measures to the Builder.

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A Study on Some Issue of Application of Art. 35(1).(2) CISG (CISG 제35조(1).(2)항의 실무적 적용상의 유의점에 관한 소고)

  • Heo, Kwang-Uk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.75-97
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    • 2009
  • Article 35 of the CISG defines standards for determining whether goods delivered by the seller conform to the contract in terms of type, quantity, quality, and packaging. When we apply these article 35(1), (2) of the CISG to the business connection, we will face several issues in the business connection. Fist, we will face the interpretation of contracts. When we interpret the contract, we must remember the article 8 of the CISG. Statements made by and other conduct of a party are to be interpreted according to the intent of parties. Therefore parties of contract must describe their intent correctly. Second, we must make out a contract in written about the promised contents. And it is needed to insert a merger clause in order to prevent part of contract from disagreeing with each other. Third, there are several interpretation of fitness for the purpose for which the goods would ordinarily be used. So it is important to describe the quality standard to be applied. If it does not describe the standard, it is helpful to apply the reasonable quality test. Fourth, there may be some doubt regarding the question of whose standard-that of the seller's or that of the buyer's state-is relevant in order to determine which characteristics the goods must have in order to be fit for their ordinary purpose. Ultimately, the question of the relevant standard is a matter of the interpretation of the contract.

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The FIDIC and domestic construction contract conditions (FIDIC 계약조건과 국내 관련법의 비교 연구)

  • Lee, Sang-Hun;Yang, Chang-Hwan;Jo, Yeong-Jun
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2005.11a
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    • pp.127-131
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    • 2005
  • The construction industry has specific characteristics compared with manufacturing industry. This means that each construction project has it's own contract documents due to the difference of environment and time. Now, the construction market is opening according to the Government Procurement Agreement by WTO. Therefore to overcome the associated risks, domestic contract rules and acts should be reformed. FIDIC and domestic construction contract conditions is investigated and analyzed. Based on the research outcomes the direction of reformation is suggested.

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Effect of a Revenue-Sharing Contract on Quality Enhancement in a Supply Chain (매출 공유 계약의 공급망 품질 개선 효과)

  • Yoo, Seung Ho
    • Journal of the Korean Operations Research and Management Science Society
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    • v.42 no.1
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    • pp.1-17
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    • 2017
  • This study investigates a buyer-supplier supply chain, in which a buyer delegates the production process to a supplier as in many practices. The consumer's buying intention and overall supply chain performance are affected not only by the buyer's decision on sales price but also by the supplier's decision on product quality. Therefore, the buyer has a motivation to control the supplier's quality investment. Among various incentive schemes that the buyer can adopt in practice, we consider a revenue-sharing contract and investigate its unique characteristics. By comparison with a typical wholesale price contract, we reveal that the revenue-sharing contract can enhance supply chain's overall performance, including quality, demand, and profits of not only overall supply chain but also each player. We contribute to the academia and the supply chain practice by providing important guidelines in adopting incentive schemes and effectively managing product quality in a supply chain.

A Study on Customary Practices in Iron Ore and Steel Product Shipping Contract - Case of Long-term Shipping Contracts in Korea

  • Kim, Hyungjun;Kim, Jae-bong;Oh, Yong-sik
    • Journal of Navigation and Port Research
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    • v.44 no.2
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    • pp.128-135
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    • 2020
  • Long-term shipping contracts represent the cooperative and coexisting relationships between the shipping and steel industries. Yet, differences between the contract forms for iron ore and steel products have emerged. Specifically, the large proportion of consecutive voyage charters (CVC) is being applied in the iron ore trade, whereas the contract of affreightment (COA) is proportionally higher for shipping steel products. The literature review and in-depth interviews in this study identified through the research model, the characteristics of the shipping and market structure in both markets have significantly contributed to the preference of different long-term contracts. It has been determined that the mutual oligopoly market structure and the characteristics of shipping such as, the small number of suitable vessels in the market, the single fixed load/discharge ports, the long-distance voyages, and the potential risks for fatal accidents because of cargo liquefaction, for the iron ore trade, provide higher contribution to the preference of CVC contracts. In contrast, the consignor oligopoly market structure and the shipping characteristics, such as the greater number of suitable vessels available in the market, the variation in ports, the cargo quantity per shipment, the various load/discharge ports, and the need for experienced carriers for steel product loading in the steel product trade has shown higher preference on the COA contracts as the consignors with superiority over the shipowners, resulting in favorable contract types and conditions for the consignors.

Research on Establishment of Contract-Based Department and Its Curriculum Development in Work-Study Parallel Program (일학습병행제 계약학과 신설에 따른 교과과정 개발 연구)

  • Park, Dongkyou;Choi, Hwan Young
    • Journal of Practical Engineering Education
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    • v.14 no.2
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    • pp.377-385
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    • 2022
  • As a kind of industry-university cooperation, the contract-based department for nurturing the employers that meets the needs of industrial society has started for about 20 years. In particular, interest in contract departments as part of the SMEs' human resource development support is increasing with the newly starting government, so it is expecting that the number of new contract departments will increase for the time being. The purpose of this study is to identify the characteristics of each contract department according to the learner type and contract method, and to suggest procedures and considerations for the establishment of re-education-type and third party contract-type contract departments suitable for SMEs. In particular, the authors would like to present the case of K University for how to design the curriculum to create a virtuous cycle by harmoniously reflecting the position of the operating institution as a supplier and the requirements of many companies as consumers.

A Study on Characteristic for a Maximum Utilization Factor of Transformer with Regard to Load Characteristics in General Customers (일반용전력사용고객 용도별 부하특성을 고려한 변압기최대이용률 비교 특성 연구)

  • Kim, Se-Dong;Wang, Yong-Peel;Hong, Hyun-Mun
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.23 no.12
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    • pp.217-223
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    • 2009
  • This paper shows a reasonable contract power conversion factor, that was made by the systematic and statistical way considering actual conditions, such as investigated contract power and peak power for the last 5 years of each customer for 461 general customers as to AMR. In this dissertation, it is necessary to analyze the key features and general trend from the investigated data. It made an analysis of the feature parameters, such as average, standard deviation, median, maximum, minimun and thus it was carried by the linear and nonlinear regression analysis. Therefore, this paper compared characteristics for a contract power conversion factor which is applied to estimate contract power with characteristics for a regression model for customers(office, store, hotel, hospital, wedding hall) which maximum utilization factor of transformer is more than 60[%].