• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.95-124
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• 2012

Referring to Buyer's obligations, the Buyer must pay the price for the goods and take delivery of them as required by the contract. There are vital importances to the Buyer's Fundamental Breach. The legal effects of a breach of contract do not depend on the nature of the obligation broken, but on the consequences of the breach the detriment to the other party. The obligations mentioned to Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. They include a number of different acts which could be seen as the subject-matter of different obligations. CISG gives further details for the payment of the price in Articles 54 to 59 and for taking delivery in Article 60. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. For the understanding of Buyer's Fundamental Breach, We need to search the Cases referring to the breach of buyer's main obligations.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.11 no.12
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• pp.5803-5819
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• 2017

In this paper, we proposed a contract theory based cooperative spectrum sharing scheme with joint power and bandwidth optimization under asymmetric information, where the primary user (PU) does not know the secondary users' (SUs) private information. To improve performance, PU needs to provide incentives to stimulate nearby SUs to help forward its signal. By using contract theory, PU and SUs' negotiations are modeled as a labor market. PU and SUs act as the employer and employees, respectively. Specifically, SUs provide labor (i.e. the relay power, which can be used for forwarding PU's signal) in exchange for the reward (i.e. the spectrum access bandwidth which can be used for transmitting their own signals). PU needs to overcome a challenge how to balance the relationship between contributions and incentives for the SUs. We study the optimal contract design which consists of relay power and spectrum access bandwidth allocation. We show that the most efficient SUs will be hired by the PU to attend the cooperative communication. PU can achieve the same maximum utility as in the symmetric information scenario. Simulation results confirm that the utility of PU is significantly enhanced with our proposed cooperative spectrum sharing scheme.

• Korean Journal of Construction Engineering and Management
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• v.14 no.2
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• pp.35-44
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• 2013

Multi-trade Contract Method was introduced as a means of cutting down construction cost of public housing for low income people. Before a specific project delivery method is applied to large public construction project, it is necessary to discuss all the issues raised up from all the parties in construction industry and all the issues which can impact project performance. Thus the interviews were conducted with industrial professionals from diverse organizations and previous studies were investigated to figure out how this newly introduced project delivery method may impact owner's role and responsibility and project performance in terms of cost, schedule, quality and risk. Under the Multi-trade Contract Method, project owner's management tasks will be highly increased, so it should be checked out if the owner can do its role and responsibility. Public owner's organization also needs to be changed and proper project management procedure and system need to be established. In addition, for efficient application of Multi-trade Contract Method, public owner should consider diverse management approach to deliver the project, and how to select and maintain qualified specialty trades.

• Journal of the Korea Society of Computer and Information
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• v.27 no.7
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• pp.177-185
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• 2022

In this paper, we attempt to explore consumers' willingness to continuously watch stage performances on virtual reality technology platforms and the mediating role of the psychological contract in it through the integration of service quality theory, thus constructing a continuous viewing model and conducting an empirical analysis through SPSS and AMOS. Through the analysis, we came to the following conclusions: 1. Interaction quality, physical environment quality, and outcome quality have a positive impact on psychological contract; 2. The psychological contract has a positive impact on the willingness to continuously watch; 3. Interaction quality, physical environment quality, and outcome quality positively influence the willingness to continuously watch through psychological contract. Therefore, this model can be used by companies to grasp consumers' perceptions of their own service quality and to formulate specific strategies, and it provides new directions and insights for stage performance companies.

• Asia pacific journal of information systems
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• v.17 no.4
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• pp.133-163
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• 2007

Growth in the outsourcing market signals that firms of all sizes believe outsourcing will ultimately deliver many benefits and conveniences. But there are not many firms satisfied with the results of outsourcing. What is more, previous researches were fragmentary analyses focused on specific variables of outsourcing such as sourcing decisions, partnership rather than comprehensive analysis. Thus, they could not propose general systematic methodologies applicable to the real situation. To solve these problems, we developed an integrated theoretical framework that considered both contract with the hard side and trust with the soft side from a contingency viewpoint and tested this model using 143 data of Korean companies executing outsourcing. In addition, we examined how situational factors(outsourcing task complexity and outsourcing management competence) affects each path in the research model. The results of this study are as follows. First, it was proved the theory that trust is not a substitute for contract but its complement. Previous empirical studies on outsourcing success factors were focused on the establishment of successful partnership on the assumption that trust can replace contract in many situations. According to the results of our empirical analysis, however, contract and trust were in a mutually complementary relation with each other and their emphasis was different. Furthermore, different from previous researches, it was found effective to use trust as a supplementary tool and contract as a main means in outsourcing management strategy. Second, this study provided an integrated view that sees both contract and trust from a contingency viewpoint in theoretically reestablishing the relationship between contract and trust. Previous researches leaned to specific variables or theory-centered fragmentary analysis, but this study proposed a more practical and integrated research model and tested its effectiveness. Based on the results, with the model, decision makers are expected to scrutinize outsourcing situation more closely and to have a practical insight to the situation. Third, it was found that contract mechanism and trust building do not have a direct effect on outsourcing performance but relationship management intensity mediates the effect of contract mechanism and trust building. This is considered significantly meaningful to outsourcing partners who have believed that outsourcing would be successful if a contract is made properly or trust is built. Lastly, the path from trust building to relationship management intensity was moderated by informed buying, as the path coefficients from trust building to relationship management intensity varied by the degree of informed buying competence.

• Journal of the military operations research society of Korea
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• v.6 no.1
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• pp.79-92
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• 1980

In cost-only incentive contract the emphasis is the attainment of efficient and effective cost control. In contrast multiple incentives contract correlates contractor's profit motives with the generalized government objective function, the decision variables of which are performance or quality (technical progress), time or schedule (timely development and delivery) and the cost (efficient and effective cost control) Under multiple incentive structure, it is essential to formulate the trade-off curves between cost and performance, which are called iso-fee curves. Trade-off curves depict the combination of cost and performance achievement for which the contractor will be rewarded with the same fee. The basic function of trade-off curves is to show he the contractor will be motivated by incentive arragement to trade off or sacrifice the achievement in one incentive element for the acnievment in another.

• Korean Journal of Labor Studies
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• v.17 no.1
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• pp.243-267
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• 2011

This paper explores the impact of the external workers on employment performance in Korea, using Workplace Panel Survey (WPS). I find the use of external workers, e.g., temporary agency workers, in-subcontract workers, and contract workers, is mainly negatively related with employment performance. Especially the use of in-subcontract workers and contract workers is negatively related with the job creation rate of standard workers and the net growth rate of internal workers. The results show the existence of a substitute effect between the use of internal and external workers.

• Journal of Intelligence and Information Systems
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• v.19 no.2
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• pp.21-38
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• 2013

The purpose of this study is to investigate the influence of behavioral factors (buyer's tendency to reflect stockout and overstock experiences in ordering decision) on the supply chain performance. This study employs system dynamics to examine the influence of these behavioral factors derived from the interview with several representatives of retailers in South Korea. The results show that different contract can bring different performance (total profit, seller's profit, buyer's profit, order quantity, sales quantity, overstock, and stockout). The results also suggest that these behavioral factors play a significantly influential role in the performance of supply contract. These results imply that supply contract should be established based on the analysis of behavioral factors of supply chain participants.

• Journal of the Korea Society of Computer and Information
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• v.24 no.11
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• pp.187-193
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• 2019

The study is to investigate the impact of the knowledge sharing and utilization among the participants in international joint ventures on the characteristics and the joint venment performance of the participants. The specific areas of the investigation for significant impacts of knowledge sharing & utilization by international joint ventures are contract compliance, motivation & willingness for business participation, management autonomy, organizational culture and the joint performances, and the characteristics that are unique to the participants in international joint ventures are empirically investigated as well. The findings of the empirical analysis are as follows: knowledge sharing & utilization has positive impacts on the areas of contract compliance, management autonomy, motivation & willingness for business participation and organizational culture, and, in return, the areas of contract compliance, managerial autonomy, and motivation & willingness for business participation appeared to have positive effects on their joint venture performances.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.217-260
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• 2013

In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.