• Title/Summary/Keyword: Consumer Contracts

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A Case Study on the ODA for Creating Shared Value (CSV) in Agricultural Sector Based on the Value Chain Analysis - Project for Establishment of Seed-Potato Production System in Vietnam - (가치사슬분석법에 기초한 농업분야 공유가치창출(CSV) ODA 사례분석 - 베트남 씨감자 생산체계 구축사업 -)

  • Ji, Seong-Tae
    • Journal of Agricultural Extension & Community Development
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    • v.25 no.1
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    • pp.31-44
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    • 2018
  • This is a case study on "the Project for Production Facility and Technical Support of Processed Seed-Potato (2008-2010)" based on the Value Chain Analysis (VCA) used to create and plan International development cooperation projects. The project is the earliest model of Creating Shared Value (CSV) in the agricultural sector. For the case analysis, a framework was established to assess the effectiveness and impact of the CSV project based on the main factors of the VCA. As a result of the assessment, project participation by OSI was able to increase the overall utility by developing the Vietnamese potato processing industry and meeting consumer demand. Furthermore, it formed a business model to promote win-win cooperation and upgraded the value chain of the potato industry. In addition, it contributed to the improvement of incomes and the quality of life of farmers and communities by providing technical guidance and purchase of contracts, as well as labor division and cooperation with other activity supporters.

지적재산의 취득과 실시에 관한 경쟁정책 : 기술혁신 시장 이론

  • 권용수
    • Proceedings of the Technology Innovation Conference
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    • 1996.12a
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    • pp.196-238
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    • 1996
  • Because global innovation-based competition is increasing and the amount of R&D expenditures becomes severely large, it is more likely that mergers and collaborative ventures tend to affect adversely to R&D competition Against this trend, enforcing agency of advanced countries including U.S.A are reassessing certain aspects of competition policy toward mergers and acquisition to ensure that procompetitive, efficiency-enhancing transactions are permitted. The role of competition policy is developing and appropriating new technology and protects the risks involved in the licensing contract of technologies. The role of intellectual property rights is also contrived to promote technological innovation and to increase consumer welfare. That is to say, dynamic efficiency of intellectual property rights includes (l) increase in social welfare and (2) promotion of growth by improvement of quality through invention and commercialization of new product as well as enhanced productive efficiency thorough appropriating new process. Because intellectual property rights are licensed to make use of complementary inputs, the rule of reason approach seems proper when applying antitrust law. To analyze the "Antitrust Guidelines for the Licensing and Acquisition of Intellectual Property"by DOJ and FTC in U.S.A, the author surveyed pros and cons on innovation market approach. This approach will only be used in a narrow range of situations when the evidence is solid, concentration numbers are extremely high, and the agencies can predict with a high degree of certainty that the merger will likely lead either to a slowing in the pace of innovation or the loss of an alternative research track that is likely to lead to a product beneficial to consumers. The author introduces the studies on licensing contract of intellectual property rights and competition polices on behalf of potential inquirers. Also the author invites the interdisciplinary researchers to analyze further with a model on the aspects of the "Notice 1995-10 for Types and Criteria on Unfair Transaction Behavior in International Contracts" by Fair Trade Committee of Korea.

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The Formation Conditions of Electronic Contracts for the Sale of Goods by On-line Under EC (전자상거래(電子商去來)에서 On-Line에 의한 매매계약성립(賣買契約成立)의 전제조건(前提條件) : Revised 1996 UCC Draft를 중심(中心)으로)

  • La, Kong-Woo;Han, Sang-Hyun
    • Korean Business Review
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    • v.12
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    • pp.303-321
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    • 1999
  • Electronic commerce, driven by the development of the Internet and computer, premises to be an important engine for growth for the world economy in th the 21st century. Electronic commerce offers considerable new opportunities for the business and citizens in all regions of the world by enhancing productivity across of our economics and encourage trade in both goods and services. Specially in relation to contract, electronic commerce requires a coherent, coordinated approach internationally on key issues such as a validity, a legality, consumer protection. Electronic commerce, which breaks down national boundaries and widens the gap between the place where services are performed and the place where they are consumed, requires a new paradigm when making an between contracting parties.

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EPCglobal Network-Based Internet Escrow Service for Secure e-Commerce (EPCglobal 네트워크 기반 인터넷 에스크로 서비스)

  • Kim, Dong-Min;Huh, Jung-Hyun;Lee, Yong-Han;Rhee, Jong-Tae
    • The Journal of Society for e-Business Studies
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    • v.11 no.4
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    • pp.87-106
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    • 2006
  • Today as the scale of e-commerce constantly expands, the number and the amount of the consumer frauds are also increasing very rapidly, without sufficient levels of systematic support to prevent them. Internet Escrow service is one of the promising payment mechanisms, which guarantees secure electronic trades and payments. Especially, if the real-time product delivery information is available via RFID-based track-and-trace environment, the security and efficiency of the Internet Escrow services would be improved a lot. In this research, proposed a novel approach to integrate EPCglobal Network, which is a de-facto standard for RFID-based information network model, with Internet Escrow services. The proposed service model was implemented in the form of "Integrated Financial Platform", which supports the contracts among trading partners and the payment via Escrow services by being fully integrated with bank systems. Using the implemented EPCglobal Network-based Escrow service system, we would be able not only to shorten the money-flow cycle and to develop new kinds of loan services, but also to overcome the problems of existing Escrow services including the lack of product-related information and the delay of purchasing decisions.

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Evaluation of the Importance of Risk Factors in Real Estate Development Projects and Their Risk Management (부동산 개발사업의 위험요인 중요도 평가 및 위험관리 방안)

  • Park, Jae-Yong;Park, Won-Seok
    • Journal of the Economic Geographical Society of Korea
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    • v.13 no.4
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    • pp.681-696
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    • 2010
  • This paper aims to evaluate the importance of risk factors at each stage of real estate development projects, and to propose risk management plans. For this purpose, possible risk factors at each stage of real estate development projects are extracted through previous studies, questionnaire survey by real estate experts is conducted next. And finally, the importance of risk factors at each stage evaluated using the AHP method. The results of this study are as follows. First, according to the results of evaluating the risk factors by main categories, planning risks in predevelopment stage, licensing risks in developing preparation stage, and cash flow risk in development stage are appreciated as most important risks. Second, according to the results by sub categories, changes in consumer preferences in pre-development stage, contracts and licensing-related work in developing preparation stage, bankruptcy of developers and construction companies in development stage, and compensation for any kinds of accidents in management and operation stage are appreciated as most important risks. Third, the major risk management plans at each stage based on the analysis results are suggested.

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A Study on Warranty in The Insurance Act 2015 (영국 2015년 보험법 상 담보(워런티)에 관한 연구)

  • SHIN, Gun-Hoon;LEE, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.73
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    • pp.65-90
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    • 2017
  • The rule of warranty in English insurance law was established in the second part of the $18^{th}$ century by Lord Mansfield, who laid the foundations of the modern English law of insurance contract and developed very different rule of insurance law, especially in the field of warranty. At the time of Lord Mansfield, warranty, that is, the promise given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed since the age of Lord Mansfield. English and Scottish Commissions proposed very dramatic reform of law in the field of warranty law to reflect the changes of legal environment through the Insurance Act 2016. This article intends to consider the legal implications through the comparative analysis between the new regime of warranty in the Insurance Act 2015 and MIA 1906. The major changes in the Insurance Act 2015 are summarized as following. First, Basis of the contract clauses in non-consumer insurance contracts should be of no effect and representations should not be capable of being converted into warranties by means of a policy term or statement on the proposal form. This requirement should not be capable of being avoided by the use of a contract term and the arrangement of contracting out by parties should be of no effect. Secondly, The existing remedy for breach of warranty, that is, automatic discharge of the insurer's liability, should be removed. Instead, the insurer's libility should be suspended from the point of breach of warranty and reattach if and when a breach of warranty has been remedies. Thirdly, A breach of warranty should genally be regarded as remedied where the insured ceases to be in breach of it. In the other hand, for time-specific warranties which apply at or by an ascertainable time, a breach should be regarded as remedies, if the risk to which the warranty relates later, becomes essentially the same as that originally contemplated by the parties. Fourthly, where a term of an insurance contract relates to a particular kind of loss, or loss at a particular location/time, the breach of that term should only give the remedy in relation to loss of that particular kind of loss, or at a particular location/time. Finally, whether a term of an insurance contrat relates to loss of a particular kind of at a particular location/time should be determined objectively, based on whether compliance with that ther would tend to reduce the risk of the occurrence of that category of loss.

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The Limitation of the Military Aviation Manufacturer's Liability (우리나라 군용항공기 제작사의 책임제한 해결방안에 관한 고찰)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.139-175
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    • 2017
  • The Assembly plenary session on December 3, 2017 passed a Product Liability Amendment bill that introduced clauses concerning consumer burden of proof and punitive damage reimbursement. More specifically, these newly approved provisions will reduce the burden of proof placed on consumers and levy triple punitive damage on suppliers. Significant increases in the number of product-liability lawsuit and the number of related insurance contracts are expected. Since military aircraft are designed for operational purpose(seeking greater combat effectiveness over greater safety) and used in high-risk environment, it is practically impossible to obtain an affordable product-liability insurance, Without having any backup plan, military aircraft manufacturers directly face all sort of liability risks under Product Liability Act, Warrant Liability Act and Non-Performance of Contract Act. The U.S. experienced similar problems when they first implemented their product-liability law in 1970s. There had been a big dispute among legal practitioner, insurance professionals and scholars concerning military aircraft manufacturer's liability. In order to settle the issue, the U.S. Supreme Court has established a new precedent of Government Contractor Defense(GCD). The U.S. government also included an indemnity clause for military aircraft manufacturers in their FMS Contract with the Korean government. Likewise, Korean military aircraft manufacturers should 1) clearly understand their current position that they cannot afford expensive product-liability insurance and the cost is not accounted in the military procurement calculation, 2) estimate potential liability risks with the ongoing overseas export expansion in mind, 3) set up appropriate risk management measures through regulatory reform and policy development.

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Main Issues on the Insurer's Duty of Payment of Insurance Claim in English Insurance Law -Focused on the Revised Provisions in Insurance Act 2015 - (영국 보험법 상 보험자의 보험금지급의무와 관련한 주요 쟁점 - 2015년 보험법 상 개정내용을 중심으로 -)

  • SHIN, Gun-Hoon;LEE, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.125-145
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    • 2017
  • Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

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A Unified Model Combining Technology Readiness Acceptance Model and Technology Paradox Theory (기술준비도 및 수용모델과 기술패러독스 이론에 기한 소비자 만족 모델의 통합모델에 대한 연구)

  • Kim, Choon-San;Park, Sang-Bum
    • The Journal of Industrial Distribution & Business
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    • v.8 no.7
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    • pp.39-49
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    • 2017
  • Purpose - There are common factors both in Technology Readiness and Acceptance Model and Technology Paradox Theory which can be put together and made in one unified model. The unified model can provide the following merits. First, the unified model is simple but contains factors of the models. Second, the unified model can clarify the process of technology acceptance of common consumers. Third, the unified model can provide the opportunities to analyze the negative sides of new technology, thus find ways to improve the level of acceptance by general consumers. Research design, data, and methodology - The 450 questionnaires were handed out to people around Seoul and 421 were collected. Except insincere and wrong-marked ones, 402 were used to analyze. SPSS program was used to analyze. Factor analysis, regression analysis was conducted to test the hypotheses. Results - By analyzing sub-factors of both models and binding the common factors in one category, we accomplish one model. And we tested the model by empirical method. The results show that the results from the unified model are almost same as the results from the two models. In other words, the unified model works. Conclusions - Explaining one state of affair by two different method is in some sense distracting attention. By devising a new model including factors of both models, we can explain the affair more straightforward and efficiently. At first the technology acceptance model was devised to explain the technology users in an organization and the following tests and revised models were for the similar purposes. However, as on-lone activities including contracts have been expanded and become important, consumers as the technology uses have emerged as first factor to consider. In accordance models to explain this situation has been suggested. The model suggested in this research is one of the models but it has the following merits. That is, it is simple but has strong explanation power, it can clarify the process of technology acceptance of common consumers by containing negative sides of consumer conception, and thus, it can provide the opportunities to analyze the negative sides of new technology, also find ways to improve the level of acceptance by general consumers.

A Research on Managing Assurance Level for Guaranteeing Quality of Web Services (웹 서비스 품질보장을 위한 보증수준 유지방안 연구)

  • Lee, Young-Kon;Kim, Eun-Ju
    • The KIPS Transactions:PartD
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    • v.14D no.3 s.113
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    • pp.319-328
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    • 2007
  • As the coverage of Web services become wider and the number of implementation cases is growing, the importance of applying the Web services quality model to real world is increased. For maintaining the level of Web services qualify, it should be required to study on assurance method of Web services qualify level. Assurance for Web services, which is newly proposed by OASIS TC, means the totality of activities for managing the quality level of them. For managing Web service quality, Web service associates could usually use SLA(Service Level Agreement) method in which a service consumer contracts for some service level with a service provider and gives for penalty or pays incentives according to the result of evaluation of services. But, there are some difficulties in applying SLA to Web services, because Web services have publicity, multiple users, and 3rd party for management. So, we need a new assurance method for Web service by considering the characteristics of Web services. This paper provides the new concept of committed assurance level for Web services. This concept can be defined as the set of maximum level of quality expected by each user, which provide the consistent view of Web service quality. This paper presents the method for duality associates to preserve some quality level of Web service by using this concept.