• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.303-306
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• 2003

Although design-build construction projects have recently increased. general conditions of construction contract are not reflecting the characteristic of design-build construction projects neither performing its fundamental roles as implying many claim elements. So. this study aims to propose the basis for improving the general conditions of the domestic design-build construction projects. This study reviews literatures associated with design-build construction contract and analyses domestic general conditions into foreign standard forms of general conditions. Additionally, it is examined the problems of design-build construction contracts and performed questionnaire survey to the practitioner in the construction contract field. In doing so, this study suggests the direction for improving general conditions of domestic design-build construction projects.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.99-122
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• 2012

According to the United Nations Convention on the International Sale of Goods, the Seller must deliver the goods, hand over any documents relating to the them and transfer the property the to the goods as required by the contract, and buyer must pay the price for the goods and take delivery of them as required by the contract. In particular, the seller provides the documents is important. If the documents are discrepancies in credit, the beneficiary may not receive the payment. So It is important to study on conditions of documents in international trade. Documents provided by the seller shall be determined by express terms. If there is no agreement on the express terms, it shall be determined by the implied terms or governing law terms. In practice Seller shall provide the documents are as follows, For example, transport documents, commercial invoice, certificate of origin, insurance policy, packing list, inspection certificate etc. As stated above if it can not be determined by express terms, it is determined by the implied terms. In international trade, leading to the implied terms is incoterms(R) 2010 and UCP 600. Incoterms(R) 2010 define the seller must provide the goods and the commercial in conformity with the sales contract and any other evidence of conformity that may be required by the contract and UCP 600 are rules that apply to documentary credit. This paper, the practical utility between Incoterms(R) 2010 and UCP 600 is studied.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.27-62
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• 2002

The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

• Proceedings of the Korean Institute of IIIuminating and Electrical Installation Engineers Conference
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• 2009.10a
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• pp.383-386
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• 2009

Contract power conversion factor which is applied to estimate contract power of industrial customers is an important standard to calculate 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 contract power and peak power for the last 5 years of each customer for industrial customers as to AMR system. 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. minimum and thus it was carried the linear and nonlinear regression analysis. Therefore, this paper compared characteristics for a contract power conversion factor which is applied to calculate contract power with characteristics for a regression model for customers which maximum utilization factor of transformer is more than 60%.

• Proceedings of the Korean Institute of IIIuminating and Electrical Installation Engineers Conference
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• 2008.05a
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• pp.293-296
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• 2008

Contract power conversion factor which is applied to estimate contract power of general 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 contract power and peak power for the last 5 years of each customer for 132 office building customers as to AMR system. 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 the linear and nonlinear regression analysis. Therefore, this paper compared characteristics for a contract power conversion factor which is applied to calculate contract power with characteristics for a regression model for customers which maximum utilization factor of transformer is more than 60%.

• IE interfaces
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• v.22 no.2
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• pp.165-173
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• 2009

This paper considers a two-component assembly system that makes different types of purchasing contracts by component type and studies the issue of coordinating those contracts. Acquisition of type 1 component is based on the long-term contract. In contrast, type 2 component is intermittently purchased under the sort-term contract. We identify the structural properties of the optimal short-term contract and investigate how the changes in system parameters affect the optimal performance. To provide managerial insights, we compare the short-term and long-term contracts for type 2 component and discuss the conditions that make the short-term contract preferable to the long-term contract. We also present a result which shows that coordinating the contracts of type 1 and type 2 components can be significantly profitable over uncoordinating them.

• Korea Trade Review
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• v.45 no.5
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• pp.279-301
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• 2020

In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

• Management Science and Financial Engineering
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• v.15 no.1
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• pp.1-31
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• 2009

This paper considers the value of warehousing contract under probabilistic demands. We consider a supply chain consisting of a supplier, a retailer and its third-party warehousing partner who provides the warehousing service to the retailer through an outsourcing contract. A typical contract is specified by initial space commitment and modification schedule. The retailer decides the order quantity for the supplier and space commitment for the outsourcing contract. Since there is close relationship between order quantity and space commitment to minimize the total cost including ordering cost, inventory carrying cost, shortage cost, and warehousing cost, we develop an analytical model under probabilistic demands, where the retailer can determine the optimal order size and space commitment level jointly. We found the closed-form optimum for a single-period case and the optimal conditions for a two-period case. To evaluate the value of contract flexibility for the two-period case, we compared the total cost under two policies; one with modification, under which the base commitment can be changed at the start of each period and the other without modification. From results of our numerical analysis, we showed that the modification policy is more cost-effective as the variability of demand increases.

• Journal of Nutrition and Health
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• v.37 no.5
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• pp.406-414
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• 2004

The purposes of this study were 1) to investigate the importance level on factors affecting the foodservice management contract perceived by the clients in the office building, government and public offices and manufacturing company in Seoul and Kyungi 2) to compare the perceived importance levels of the present contract and future contract 3) to compare the perceived importance levels of the competitive bid with those of the private contract. To collect the data on the perceived importance level on the affecting the foodservice management contract, the questionnaires were developed by the delphi technique and modified by the pilot test. The questionnaires consisted of 4 categories and 19 items on the factors affecting the foodservice management contract and the importance level on the factors were measured by 5-likert scale. From March 12 to April 13 in 2003, the self-administrative questionnaires were mailed to 280 clients. The questionnaires were responded from the 50 clients (respondent rate: 25％). On the factors affecting the present contract and the future contract, among the 4 categories (the appropriateness of foodservice operation plan, the evaluation of the foodservice company, sales ability, the conditions of the cost in the contract), the importance level of the appropriateness of foodservice operation plan was higher than those of the other categories. In the comparison of the perceived importance level between the present contract and the future contract, the importance level of 4 items (sanitation and safety management plan, menu management plan, service management plan, food cost per meal) in the future contract were significantly higher than those in the present contract (p＜.01, p＜.05, p＜.05, p＜.01). There were the significant differences between the private contract and competitive bid on the factors affecting the present contract in the 3 items, which were $\ulcorner$renewal plan for interior and environment$\lrcorner$, $\ulcorner$strategic alliance with the contractor$\lrcorner$, $\ulcorner$lobby of the foodservice company$\lrcorner$ (p＜.05, p＜.05, p＜.05). And on the factors affecting the future contract, there were significant differences in the 2 items, which were $\ulcorner$renewal plan for interior and environment$\lrcorner$and $\ulcorner$cost per meal$\lrcorner$in comparing the competitive bid and private contract (p＜.05, p＜.01). The clients perceived the appropriateness of foodservice operation plan was more important than the other categories in the future foodservice management contract. It was proposed that the foodservice management contract company should focus on the foodservice operation to satisfy the customers and clients in order to get more contract in the future.

• Journal of Technology Innovation
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• v.15 no.1
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• pp.175-201
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• 2007

Licensing contracts between partners in International Joint Ventures(IJV) have not only aspects of relation contract, which is interdependent and long-term cooperative relationships in interpartner but also aspects of discrete contract which is exposed to opportunistic risk caused by IJV partners who maximize individual profit instead of joint payoff maximization. In this circumstance, appropriate compensation structures such as lump-sum and royalty can reduce conflicts and spur interpartner cooperation. In addition, compensation structures that stipulate each party's rights, duties, and responsibilities under various sets of environmental conditions have strong implications for transaction cost minimization and joint payoff maximization. On the other hands, compensation structures such as lump-sum and royalty in IJV licensing contract have benefits and costs depending on IJV partners uncertainty, partner dependency, and environment uncertainty. Therefore, the purpose of this paper is to empirically show how partner uncertainty, partner dependence and environment uncertainty influence compensation structure chosen by licensor in IJV.