• Title/Summary/Keyword: Complex contract

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The Effects of Goal Incongruity between Franchisor and Franchisee on Regulatory Focus, Performance, and Opportunism of Franchisee (프랜차이즈 본부와 가맹점 간 목표불일치가 가맹점의 조절초점, 성과, 그리고 기회주의에 미치는 영향)

  • Lee, Byong-Kwan Steven;Oh, Sejo;Kim, Sang-Duck
    • Journal of Distribution Science
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    • v.12 no.2
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    • pp.39-47
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    • 2014
  • Purpose - The ultimate goal of a franchise system comes from its win-win strategy. Agency theory uses goal incongruity to examine complex contracting problems between buyers and suppliers. Goal incongruity within a contractual relationship can be defined as the agent's desire not to cooperate. It is the degree to which the contractual terms do not satisfy the agent's goals. The greater the goal incongruity between the agent and the contract, the more likely it is that the agent will meet the terms of the contract. Thus, goal incongruity between buyers and suppliers has close relationships with both behavioral and financial performance. This study tries to examine these relationships in the franchise context using a model including related variables, such as regulatory foci, financial performance, and opportunism, to explain the reasons that not all franchisees perform their best. In particular, the study examines the effects of goal incongruity on regulatory focus, and the effects of regulatory focus on performance and opportunism. In short, the objective is to determine goal incongruity's effect on regulatory foci, and the effect of regulatory focus on performance and opportunism. Research design, data, and methodology - This study used data collected from the franchisee managers of 104 franchisors in South Korea. The franchisors include more than 10 franchisees, the majority of whom have been in business for more than five years. The study also surveyed 104 franchisees, matched with their franchisors for the sake of a dyadic approach. The study used regression analysis to test the hypotheses. Results - H1 and H2 predicted that goal incongruity would decrease promotion focus and increase prevention focus. Supporting H1, the result indicates goal incongruity had a positive effect on promotion focus. However, H2 was not supported. Goal incongruity had no significant effect on prevention focus (β = -.375, t = -4.331 and β = -.145, t = -1.950, respectively). H3 and H4 predicted that promotion focus would increase financial performance and decrease opportunism. Supporting these hypotheses, the results indicate that promotion focus had a positive effect on financial performance and a negative effect on opportunism (β = .771, t = 7.899 and β = -.765, t = -6.778, respectively). H5 and H6 predicted that prevention focus would decrease financial performance and increase opportunism. However, the results do not support these hypotheses. The results indicate that prevention focus had no effects on opportunism or financial performance (β = -.130, t = -1.070 and β = .090, t = .641, respectively). Overall, the evidence generally supported the hypotheses. Conclusion - Goal incongruity between a franchisor and a franchisee increases the franchisee's financial performance and opportunism, and the relationship is mediated by promotion focus. Interestingly, however, prevention focus has no mediating effect between goal incongruity and performance. Even though no significant relation exists between goal incongruity and prevention focus, the results have two implications. First, decreasing goal incongruity can improve financial performance and suppress franchisee opportunism. Second, the relationship between goal incongruity and performance affects promotion-focused franchisees.

Fine Structure on the Spermiogenesis of Octopus minor on the Western Coast of Korea I (한국 서해안 서해낙지 (Octopus minor)의 정자 완성에 관한 미세구조 I)

  • Chang, Nam-Sub;Kim, Sang-Won;Han, Jong-Min
    • Applied Microscopy
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    • v.31 no.3
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    • pp.223-233
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    • 2001
  • The spermiogenesis of a Korean octopus, Octopus minor, inhabiting western of Korea Sea was observed by electron microscopy . The obtained results are as follows: The spermiogenesis of Octopus miner proceeds through four stages; early- , mid- , and late-spermatid, and mature sperm. An early spermatid is a spherical cell looking light due to the low electron density. The acrosome formed from Golgi complex of the upper nucleus looks dark due to the high electron density. The extra-nuclear rod (enr) stemming from proximal centriole is transformed from round shape into oval shape, elongating to the upper nucleus. In our observation, the axoneme was being formed from distal centriole, and the manchette composed of a number of microtubules is also found around nuclear membrane. In a mid-spermatid, chromatins in the nucleus contract shaping fine threads, and the manchette is also observed around nuclear membrane. Especially, the spherical acrosome is transformed into long oval one which is tinged with a number of horizontal stripes and has the middle electron density. In a late-spermatid, chromatins in the nucleus contract thick and short. Furthermore, the mitochondrial sleeve, in which the axoneme is surrounded with mitochondria, is observed at middle piece. The axoneme has a typical structure of 9+2 and around it, 9 coarse fibers are observed. Also in the acrosome cavity of mature sperm, horizontal striation is found. However, regularly spaced processes are peculiarly observed in there. A sperm is about 390 fm long, whose head is bent a little like a banana while the acrosome region is helical. In the middle piece of sperm, $11\sim12$ mitochondria are surrounding coarse fibers that reach the main piece of tail, while nothing but 9+2 structured axoneme is found in the end piece.

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AA Study on the Selection Criteria for Delivery Systems of Public Construction Projects in Local Governments (지자체 공공건설사업의 발주방식 선정기준에 관한 연구)

  • Choi, Eun-A;Kim, Byung-Ok;Lee, Sang-Beom
    • Journal of the Korea Institute of Building Construction
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    • v.9 no.5
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    • pp.111-117
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    • 2009
  • With the current trend in the industry toward increasingly complex, diversified and large construction projects, advanced countries in the construction field have already introduced and applied a variety of methods for placing orders in order to cope with such changes in construction circumstances. In Korea, there have been efforts to continuously improve approaches to placing an order. With the aim of diversifying the methods of Delivery Systems, the "Technical Proposal Type Bid," and the "Design Competition and Technical Proposal Type Bid" were introduced through a revision of Korea's contract law enforcement ordinance. In line with the government's efforts, criteria for a method of placing an order that is suitable for a public construction project should be presented. This study enumerates the current issues using a survey for construction projects already placed and an analysis of the current status, and presents the selection criteria for Delivery Systems by business type as an improvement for the problem.

A Study on the status and improvement of construction management through the Accomplishment instance DeaHakRo Complex cultural space (대학로 복합문화공간 수행사례를 통한 건설사업관리 향후 발전 방향에 관한 연구)

  • Moon, Youn-Seok
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2008.11a
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    • pp.419-423
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    • 2008
  • The necessity of specialized and systematic management has been a tendency to accomplish the goal of business efficiently according the trend of construction industry has become bigger, complicated and specialized as well as Placing an order of CM(Construction Management) Service has been Increased because it made viable and positive effect. Institutional plan is necessary CM application from planning, realistic estimation of CM service charge, converting understanding among paticipants for the business and inducing specialization through certifyizing CM qualification to develop CM. But, it makes some realistic and unexpected pro41ems in the middle of step-by-step CM management for doing its business. So we need to consider a measure. This study suggests problems in practical a)fairs and improved idea that it summarized each stage of a bid for CM, planning, construction contract. It shows direction to take root successfully and develop.

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Deduction or Importance Analysis for Pre-dispute Factors in the Constructions (건설공사 사전분쟁요인 도출 및 중요도 분석)

  • Park, Sung-Yong;Ko, Dae-Jun;Ha, Bong-Gyun;Yang, Jin-Kook;Lee, Sang-Beom
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2008.11a
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    • pp.505-508
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    • 2008
  • It's hard to express a lot of information within the drawings and the specifications as construction projects have gradually become large-size and complex. So, disputes are caused by that and reason that the usual practice(culture) of contract of the constructions in Korea is based on unfair rather than the fair principle between clients and contractors. However, the contractors don't try to solve this kind of things because they are worried about at their disadvantage situation. Therefore, this paper deduced the factors in the pre-dispute phase by analysing the cases of the civic counseling in the office of supply and the pre-dispute factors, and conduct analysis on the factors' importance by using AHP. The results will be used for a check-list to prevent the disputes.

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A Study on the Trends for Reforming Insurance Law in England - Focused on the Remedies for Fraudulent Claim - (영국 보험법의 개혁동향에 관한 연구 - 사기적인 보험금청구에 대한 구제수단을 중심으로 -)

  • SHIN, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.119-142
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    • 2015
  • Many insurers have traditionally incorporated "fraud clauses" into insurance policies, setting out the consequences of making a fraudulent claim. Even in the absence of an express terms, English courts provide insurers with a remedy for a fraudulent claim. However, the law in this area is complex, convoluted and confused. English Law Commission think that the law in this area needs to be reformed for three reasons; (1) the disjunctive between the common law rule and section 17 generates unnecessary disputes and litigation, (2) increasingly, UK commercial law must be justified to an international insurance society, and (3) the rules on fraudulent claims are functioned as a deterrent if they are clear and well-understood. In order for these purposes, English Law Commission recommends a statutory regime to the effect that, when an insured commits fraud in relation to a claim, the insurer should (1) have no liability to pay the fraudulent claim and be able to recover any sums already paid in respect to the claim, and (2) have the option to treat the contract as having been terminated with from the time of the fraudulent act and, if chosen the option, be entitled to refuse all claims arising after the fraud, but (3) remain liable for legitimate losses before the fraudulent act. LC is not recommending a complete restatement of the law on insurance fraud generally. For example, LC does not seek to define fraud, instead, recommends the introduction of targeted provisions to confirm the remedies available to an insurer who discovers a fraud by a policyholder.

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Automated Generation of Wrapper to Test Components (컴포넌트 테스트를 위한 래퍼의 자동 생성에 관한 연구)

  • Song, Ho-Jin;Choi, Eun-Man
    • Journal of KIISE:Software and Applications
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    • v.32 no.8
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    • pp.704-716
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    • 2005
  • Assembling new software systems from Prepared components is an attractive alternative to traditional software development method to reduce development cost and schedule dramatically. However, if separately developed components are tested, integrated and verified with unreasonable effort and high cost, it would not be an effective way to software development. Components are not distributed in the shape of white-box source code so that should be hard to validate and test in new application environment. For solving this problem, built-in tester components are suggested to check the contract-compliance of their server components. If components have various and complex function, built-in tester should be heavy and unflexible to test in composition of components. This paper suggests enhancing automated wrapper technique which substitutes with built-in tester components and shows the usability of the wrapper by design and implementation. Component testing in this way reduces the cost and effort associated with preparation of component testing and makes the various test experiments in components assembly.

The study on Analysis of Influence factors on Items in Apartment House Maintenance Cost (공동주택 관리비 항목별 영향요인 분석 연구)

  • Lim, Nam-gi;Park, Chan-jeong;Jung, Sang-jin
    • Journal of the Korea Institute of Building Construction
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    • v.2 no.1
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    • pp.155-162
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    • 2002
  • In this research, I finally came to a conclusion analyzing the connection among managing of each items in management expenses, the size of each complex and stories, and the term of using. (1) In the managing cost regarding to the management manner, although the managing cost of self-governing management is less imposed than the one of commission management, there is slight difference between those Costs. And it is more important to consider the effectiveness of management than to emphasize reduction of management cost. (2) The higher the stories, the higher the managing cost of elevator per the unit area. It Is caused by the fact that the father the distance of the elevator operating, the higher the electric charges. (3) The third of one of total management cost goes to pay the personnel expenses. So I found that the effective management of the expenses is available to reduce management cost. (4) The higher the stones, the lower the cost of personnel expenses including the cleaner cost. (5) The sum of costs assigned in repairment and management increases in proportion to the term of using. The costs assigned in special repairment and management are interacting to each other. (6) To reduce the management cost, we have to cut down the personnel in security guard that occupies one third of total management cost with application to the joint security system and operation of the self-governing guard. Through this process, it will be easy to accomplish the rationalization of contract with an outside order. Because the improvement of management service is not only the responsibility of owner but also the one of dwellers. And it Is imperative to realize the importance of cooperation and trust between the owner and dwellers. And the establishment of effective managing system which has convenience and rationality must be settled without delay.

A Study on Construction Management System for Settlement in Korea through the Case of Program Management of IIA Project (IIA Project PM 적용사례를 통한 CM체계 정착방안)

  • Oh Myung-Kap
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.96-101
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    • 2001
  • Incheon International Airport Construction Project the biggest national multi-complex construction project in a single area in Korea, the necessity for introducing the Program Management System has been brought up from the development stage due to its specific characteristics and environment and with the Project Management Services Contract in December 1994 the system has been established and operated. At the time of contracting, there were controversies over the expected effect of the system since there were no related laws and regulations in domestic construction codes. Furthermore the situation was very hard in which some practical problems have been found in the process of applying and operating the system due to the lack of recognition and infrastructure in Korea. Incheon. In spite of these difficulties, thanks to the devotion and efforts of the project participants along with thoughtful concerns from the industries and the academies, the project goal has been successfully accomplished. This paper will analyze the various problems arose in the process of applying the Project Management System to Incheon International Airport and present more practical and desirable ways so that it can help to make the environment for properly settling Construction Management at the earliest.

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A Study on Electronic Transaction Records Management and Trusted Repositories (전자거래기록의 신뢰성 확보에 관한 연구 - TTPR을 중심으로 -)

  • Lee, So-Yeon;Seol, Moon-Won;Kim, You-Seung
    • Journal of Korean Society of Archives and Records Management
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    • v.12 no.2
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    • pp.181-205
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    • 2012
  • The study aims at providing an electronic transaction records management system based on the third party repository which do not have any interest in electronic transactions. This study reviews various articles and standards. It also discusses theoretical issues about electronic transactions and electronic transaction records. Complex characteristics of electronic transaction records are explored and management procedures are analyzed and divided into 5 stages by the life cycle and management bodies. Based on these discussions the study affirms that trustworthy third parties' interventions are essential to prevent and control potential conflicts of electronic transactions. It proposes a trustworthy electronic transaction record management system with the third party repository. Futhermore, it discusses evidence and management environment of electronic transaction records and provides cases of TTPR based on contract transaction and exchange transaction.