• Korean Journal of Community Nutrition
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• v.12 no.2
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• pp.178-188
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• 2007

This study was performed to suggest a new efficiency measurement indicator is necessary for evaluating management efficiency of food service operations in contract-managed foodservice companies, to distinguish efficient food service providers and inefficient ones by measuring comparative efficiency among food service operations, and to provide guidance for effective management through showing benchmarking targets for improving inefficient food service providers. The subjects of this study were the 93 B&I foodservice Operations of a domestic contract food service company. The analysis was conducted using CCR model in DEA model. A software, 'Frontier analyst', was used for the analysis. Based on the results derived from comparison of efficiency evaluation classified by providers with use of DEA, it was possible to identify efficient food providers and inefficient providers, and subsequently provide benchmarking guidelines for improvement of the inefficient groups. In analyzing the differences between the results of DEA efficiency evaluation by detailed operation status of food service providers, there was significant difference of efficiency outcomes in terms of contract types, while there was no significant difference in terms of business condition.

• PNF and Movement
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• v.20 no.3
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• pp.351-358
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• 2022

Purpose: This study aims to determine the correlation between the effects of contract-relax-antagonist-contract (CRAC) and contract-relax (CR) forms of proprioceptive neuromuscular facilitation (PNF) stretching on balance during single-leg standing in elderly people. Methods: The participants were 20 elderly people in healthy condition and divided equally into two groups: the CRAC stretching group and the CR stretching group. Subjects were made to walk on a treadmill for 6 minutes before the stretching as a warm-up. CR and CRAC stretching were performed on the soleus. The dependent variables used to assess single-leg standing balance were overall stability(OSI), anterior/posterior(A/P) movement, and medial/lateral(M/L) movement. The statistical methods used to assess the differences between groups were verified using the Mann-Whitney U test and the Wilcoxon signed-rank test. Results: The CRAC group had significantly increased OSI, A/P and M/L after the PNF stretching intervention (p < 0.05). The CR group had significantly increased OSI and A/P after the PNF stretching intervention (p < 0.05), but M/L did not significantly increase (p > 0.05). There was no significant difference in stretching between CRAC and CR (p > 0.05). Conclusion: The results of this study revealed that CR and CRAC PNF stretching improved single-leg standing balance. CARC stretching before exercise is helpful for elderly people, as it improves balance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.103-152
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• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.33-53
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• 2014

This study examines the seller's liability for defects in title of goods under SGA. If the contracting parties choose SGA as a governing law, they should pay attention to whether a contractual stipulation for defects in title of goods is a condition or a warranty. It is because SGA divides contractual terms into a condition and a warranty. And its effects regarding a breach of a condition or a warranty are different. Under SGA s 12(1) as a condition, in a contract of sale, the seller has a right to sell the goods at the time of contract, and in the case of an agreement to sell, he will have such a right at the time when the property is to pass. Under SGA s 12(2) as a warranty, there is an implied warranty that (a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance and (b) the buyer will enjoy quiet possession of the goods as long as the buyer retains an interest in the goods. But the seller will not be liable if the third party unlawfully interferes with the buyer's possession.

• East Asian Economic Review
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• v.21 no.2
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• pp.167-197
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• 2017

I build a small open economy (SOE) dynamic stochastic general equilibrium (DSGE) model to investigate the effect of a heterogeneous wage contract between regular and temporary workers on a macroeconomic volatility in a financially fragile economy. The imperfect financial market condition is captured by a quadratic financial adjustment cost for borrowing foreign assets, and the labor market friction is captured by a Nash bargaining process which is only available to the regular workers when they negotiate their wages with the firms while the temporary workers are given their wage which simply equals the marginal cost. As a result of impulse responsesto a domestic productivity shock, the higher elasticity of substitution between two types of workers and the lower weight on the regular workers in the firm's production process induce the higher volatilities in most variables. This is reasoned that the higher substitutability creates more volatile wage determination process while the lower share of the regular workers weakens their Nash bargaining power in the contract process.

• Journal of the Korean Operations Research and Management Science Society
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• v.31 no.2
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• pp.129-140
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• 2006

Quantity Flexibility contract coordinates individually motivated supplier and buyer to the systemwide optimal outcome by effectively allocating the costs of market demand uncertainty. The main feature of the contract is to couple the buyer's commitment to purchase no less than a certain percentage below the forecast with the supplier's guarantee to deliver up to a certain percentage above. In this paper we refine the previous models by adding some realistic features including the upper and lower limits of the purchase. We also incorporate purchase and canceling costs in a cost function to reflect the real world contracting process more accurately. To obtain the solution of the model, we derive a condition for extreme points using the Leibniz's rule and construct an algorithm for finding the optimal solution of the model. Several examples illustrating the algorithm show that the approach is valid and efficient.

• Korean Journal of Construction Engineering and Management
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• v.18 no.6
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• pp.65-77
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• 2017

Recently, many Korean major construction companies are suffering from profit loss mainly due to a direct impact from delays in their overseas projects. In general, changes are inevitable in a large-scale project, and most of changes are directly linked to construction delay. Therefore, in the event that an extension of time is necessary due to a change, the contractor must manage the delay based on the condition of the contract to effectively manage risks from delay to the completion date. Thus it is important to understand delay protocol defined in the condition of the contract early in the project, but there have been few or no study to propose methodology or tool to support this effort. This paper presents a review on the project planning and controling practices of major Korean construction companies along with the issues on delay claims and disputes in mega-international projects and suggests a tool to assess delay risk in the condition of the contract. To propose a delay risk assessment model for international construction projects, major standard conditions of contract have been reviewed including FIDIC Red Book(1999), PSSCOC(2014) and SIA 9th Edition(2010). To reflect recent trend of major international owners, standard conditions which they are utilizing for their projects also have been reviewed including those of ARAMCO and QP. The model provides a categories of risks to be reviewed on the condition of the contract along with standard level of the risk which is common in the international standard form of the contracts. This study also performed a case study on an actual international project to confirm the effectiveness of proposed model to identify and respond to a delay risk of a project.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.340-343
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• 2004

The purposes of this study is to survey unfair aspect of specific provisions in the construction contract. The research method of this stud)'includes judicial precedents and a questionnaier survey. The result of thus study are as follows: 1) unfair payment condition gives increase to faulty construction. 2) shift of the responsibility gives increase to delay, 3) adjusted contract sum gives increase inappropriate compensation to contractor.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.11-16
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• 2001

The purpose of this study is to examine contract management method with regard to Direct Payment of Subcontract Payment outlined in Article 14 of The Fair Trade Subcontract Transactions Act. The literature research and deductive demonstration are adopted as research method. And the findings of this study are as followed. (1) The study has shown the closer interpretation on the legal condition and the impact of Direct Payment of Subcontract Payment. (2) The study has revealed the solution for the questions concerning Direct Payment of Subcontract Payment by exploring and demonstration. (3) The study has suggested contract management method for contractual parties with respect to Direct Payment of Subcontract Payment.

• Korean Journal of Oriental Medicine
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• v.10 no.1
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• pp.49-61
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• 2004

The Standardization of terms in The Pulse studies(脈學) is a need for development of learning. This study, for the correction of existing misused terms in The Pulse studies, we study on modernly and objectively the terms in The Pulse studies. By a focus of ${\ulcorner}$The Pulse Studies of Bin-Ho(瀕湖脈學)${\lrcorner}$, we studies on the new classification of pulse condition. The error of a existing technical books on Pulse studies begin that the classification of pulse condition is not establish a Standardization. For the correction of existing misused terms in The Pulse studies, we study on the pulse condition is expressed objectively a blood vessel that it is a subject of pulse condition. The expression of blood vessel contain a depth of blood vessel, a speed of pulsation, a curve of blood vessel, thickness of blood vessel, a diameter of blood vessel in expand and contract of blood vessel, a interval in expand and contract of blood vessel, a distinctness on a boundary of blood vessel, a speed of blood flow in blood vessel, a volume of blood flow in blood vessel, a condition of blood in blood vessel, a propelling power of blood vessel. These is standard of the new classification of pulse condition.