• Title/Summary/Keyword: Contract Performance

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The Influence of Contract-Relax Exercise of PNF on Equilibrium Ability (PNF의 수축-이완 운동이 균형능력에 미치는 영향)

  • Gong, Won-Tae;Seo, Hyun-Kyu;Kim, Tae-Ho
    • The Journal of Korean Academy of Orthopedic Manual Physical Therapy
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    • v.13 no.1
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    • pp.1-9
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    • 2007
  • Purpose: The purpose of this study was to evaluate the The Influence of contract-relax exercise of PNF on Equilibrium Ability. Methods: The subjects were consisted of thirty patients (14 females and 16 males). They were from 20 to 42 years old and the mean age was 25.03. All subjects were randomly assigned to two groups: contract-relax exercise of proprioceptive neuromuscular facilitation(PNF) group (n=15), control group (n=15). Contract-relax exercise group received contract-relax exercise for about 10 minutes along with therapeutic massage for about 15 minutes, 3 times per week during 4 weeks period. However, control group did not receive intervention during the same 4 weeks. The Balance performance monitor(BPM) was used to measure equilibrium ability. All measurements of each subjects were measured at pre-experiment, after 2 weeks, and post-experiment. Results: The results of this study were summarized below : 1. The sway area of contract-relax exercise group was significantly reduced according to within treatment period(p<.05), most significantly reduced between pre-test and post-test(p<.05). Contract-relax exercise group significantly more reduced than control group(p<.05). 2. The sway path length of contract-relax exercise group was significantly reduced according to within treatment period(p<.05), most significantly reduced between pre-test and post-test(p<.05). Contract-relax exercise group significantly more reduced than control group(p<.05). Conclusion : Contract-relax exercise applied with therapeutic massage can increased equilibrium ability. Additional randomized controlled trials to more fully investigate treatment effects and factors that may mediate these effects are needed.

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A Comparative Study on Change Circumstances in International Commercial Contracts (무역계약상 사정변경에 관한 비교법적 고찰)

  • Oh, Hyon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.57-84
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    • 2009
  • This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

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Evaluating the Performance of Revenue Sharing Contract in Three Stage Supply Chain System

  • Chungsuk RYU
    • Journal of Distribution Science
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    • v.22 no.1
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    • pp.95-103
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    • 2024
  • Purpose: Focusing on the complex supply chain operations beyond the simple dyadic relationship, this study evaluates the performance of the revenue sharing contract in three stage supply chain system. Research design, data, and methodology: The optimization model is developed to describe the supply chain system where one manufacturer, one wholesaler, and one retailer exist and pursue the maximum level of their own profits. In the numerical examples of the proposed supply chain model, two types of the revenue sharing contract, pairwise and spanning methods, are tested and their performances are compared with the traditional system. Results: The numerical analysis reveals that both types of the revenue sharing contract outperform the traditional system. All supply chain members can achieve the improved profits only when they determine the proper combination of revenue share ratios and price discount rates. Conclusions: This study finds out that both pairwise and spanning revenue sharing contracts can make the positive outcome that is acceptable to all members in three stage supply chain system. When the proper contract content is agreed among the supply chain members, the revenue sharing contract has the potential to be the practically feasible collaboration program for the multiple stage supply chain system.

Effect of a Revenue-Sharing Contract on Quality Enhancement in a Supply Chain (매출 공유 계약의 공급망 품질 개선 효과)

  • Yoo, Seung Ho
    • Journal of the Korean Operations Research and Management Science Society
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    • v.42 no.1
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    • pp.1-17
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    • 2017
  • This study investigates a buyer-supplier supply chain, in which a buyer delegates the production process to a supplier as in many practices. The consumer's buying intention and overall supply chain performance are affected not only by the buyer's decision on sales price but also by the supplier's decision on product quality. Therefore, the buyer has a motivation to control the supplier's quality investment. Among various incentive schemes that the buyer can adopt in practice, we consider a revenue-sharing contract and investigate its unique characteristics. By comparison with a typical wholesale price contract, we reveal that the revenue-sharing contract can enhance supply chain's overall performance, including quality, demand, and profits of not only overall supply chain but also each player. We contribute to the academia and the supply chain practice by providing important guidelines in adopting incentive schemes and effectively managing product quality in a supply chain.

A Study on the Buyer's Remedies in respect of Defects in Title under SGA (SGA에서 권리부적합에 대한 매수인의 구제권에 관한 연구)

  • MIN, Joo-Hee
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.95-118
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    • 2015
  • This study examines the Buyer's Remedies in respect of Defects in Title under SGA. As SGA divides contractual terms into a condition and a warranty, its effects regarding a breach of a condition or a warranty are different. Where a stipulation in a contract of sale is a condition, its breach may give rise to a right to treat the contract as repudiated and to claim damages. Where there is a breach of a warranty in a contract of sale, the aggrieved party may have a right to claim damages. Regarding a breach of a condition under SGA s 12(1), although the buyer may have his right to terminate the contract, he may lose that right when he accept or is deemed to have accept the goods by intimating his acceptance to the seller, acting inconsistently with the ownership of the seller, or retaining the goods beyond a reasonable time without rejecting them. Furthermore, the buyer may claim the estimated loss directly and naturally resulting from seller's breach. SGA contains the principle of full compensation and so the suffered loss and the loss of profit are compensable. As to specific performance under SGA, the court has been empowered to make an order of specific performance to deliver the goods in conformity with the terms of the contract and so it is not a buyer's right. This order should be made only where the goods to be delivered are specific or ascertained goods and the court must think fit to grant the order. However, among these remedies, the buyer cannot have the right to terminate the contract where there is a breach of warranty by the seller under SGA s 12(2).

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A Study on Contract Management Platform Based on Blockchain (블록체인 기반의 계약관리 플랫폼 연구)

  • Kim, Sunghwan;Kim, Younggon
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.19 no.3
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    • pp.97-103
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    • 2019
  • Electronic contract systems are widely used to integrate and manage the contract management process based on the development of ICT technology. Recently, improvement methods using block chain technology are being studied. However, contract management systems have processing performance, security vulnerabilities, data entry, and service accessibility issues. In this paper, we propose a block - chain based contract management platform with block chain, smart contract, and Rest API. The suggested platform includes the RPBFT algorithm which solves the processing performance and security vulnerability of the existing consensus authentication algorithm, and the algorithm to prevent data entry and enhance transparency of participants. The block-chain-based contract management platform proposed in this paper provides a use environment with improved processing performance, security, reliability, and transparency, and can be used through API without burdening construction. Therefore, The effect can be expected.

Enhancing Value of Public Construction Projects by Improving Contract Review Process

  • Song, Sang-Hoon;Bang, Jong-Dae;Cho, Gun-Hee;Sohn, Jeong-Rak;Jung, Sang-Ho
    • Land and Housing Review
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    • v.2 no.4
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    • pp.479-489
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    • 2011
  • This study aims to suggest the method to enhance the value of public construction project during contract review process considering budget reduction for project profit and public interest enhancement simultaneously. The main results of this study are as follows: (1) Current method are considered to be improved from the point that cost reduction through current method could influence performance of the object of contract without conforming to user requirements or facilities' function. (2) In order to supplement current process, the method to evaluate the variation of performance and value was established based on facility type, participants on each phase, and their requirement. (3) Case study was conducted to verify suggested method, and showed the successful application in enhancing the value of construction projects on public sector.

An Evaluation of Contract Foodservice's Web sites by Importance and Performance Analysis - For Students Majoring in Food & Nutrition - (위탁 급식 업체 웹사이트 이용 실태 및 중요도.수행도 분석 -식품영양학전공 학생을 중심으로-)

  • Park, Sang-Hyun;Jung, Hyeon-A;Joo, Na-Mi
    • The Korean Journal of Food And Nutrition
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    • v.20 no.4
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    • pp.516-524
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    • 2007
  • This study was conducted to evaluate contract foodservice's websites. The survey sample consisted of students majoring in food and nutrition having good knowledge of foodservice. The questionnaire requested information related to demographics, internet usage, contract foodservice company websites, and the evaluation of the websites. The data were analyzed using SPSS for windows(version 12.0). The results are summarized as follows. From the results of the factor analysis in evaluating the contract foodservice's websites, 7 factors were generated and were defined as technology & interactivity, customer service, interface, design & convenience, contents, communication, and offering of information. Of these, technology & interactivity(p<0.05), customer service(p<0.01), interface(p<0.05), design & convenience(p<0.001), content(p<0.01), communication(p<0.01), and offering of information(p<0.01) had a significant effects in terms of the on satisfaction with a website. Since the beta of the "design & convenience" factor(0.319) was the largest, it had the greatest effect on satisfaction. In the importance performance analysis, the respondents showed high recognition on the importance, but low recognition on the performance, of aspects such as menu composition, attraction of the website, offering a FAQ section, and the operation of Q&A. Also, the importance score for 'offered relevant websites' was significantly higher than the performance score. Therefore, contract foodservice companies should take into account these aspects for improving their websites.

A Study on "ICC Force Majeure Clause 2003" in International Sales Contract -Focused on comparison with the related provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract (ICC Force Majeure Clause 2003에 관한 연구 -계약관련 국제무역법규 및 ICC 국제모델매매계약상의 관련조항과의 비교를 중심으로-)

  • Huh, Jae-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.33
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    • pp.221-243
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    • 2007
  • A party to a contract is bound to perform its contractual duties. But outside events may make performance impossible, physically or legally. In such a situation a party may wish to plead "force majeure" as an excuse for failure to perform. The laws of most countries have provisions which dealt with force majeure. These provisions, however, vary from country to country and may not meet the parties' requirement in international contracts. Therefore, parties to international contracts are frequently in need of contract clauses on force majeure. There are many force majeure clauses in standard forms or individually negotiated. The ICC has drawn up provisions which aim at providing assistance for parties when they are making contracts. The force majeure clause grants relief from contractual sanctions and includes provisions for suspension and termination of contract. The purpose of this study is to examine "ICC Force Majeure Clause 2003" in the international sales contract. For this purpose, firstly this study deals with the major contents of the ICC Force Majeure Clause 1985 and 2003. Secondly this study considers the related provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. Thirdly this study compares ICC Force Majeure Clause 2003 with the relative provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. It should be noted that the parties often need to adapt the content of this clause so as to take account of the particular circumstances of the individual contract. This paper contributes to help the parties to a contract to draft the meaningful "Force Majeure Clause" containing more precise and elaborate provisions.

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A Study of the effects of Health Contract on the performance Level for Activity of Daily Living in the Hemiplegic patients (건강계약이 편마비 환자의 일상생활동작 수행정도에 미치는 영향)

  • 김병은;이향련
    • Journal of Korean Academy of Nursing
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    • v.21 no.1
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    • pp.63-78
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    • 1991
  • The purpose of this study was to test the effects of health contract on the performance level for activity of daily living(ADL) in the hemiplegic patients. A quasi - experimental research for health contract, which was approved as an effective method of nursing intervention, was attempted to increase the performance of the hemiplegic patients' ADL. As a purpose sample, 69 hemiplegic patients hospitalized at Oriental medicine hospital of K university were taken and devided into the experimental group and the control group by means of random assignment. After Contracting with the experimental group, they were reinforced everyday for 20 minutes. The experimental group and the control group were observed and interviewed for five times at the in terval of 3~4 days by the trained nurses for this research. The data Collected through above mentioned methods were compute analyzed by t-test and ANOVA according to the purpose of this study. The data collected through above mentioned methods were computer analyzed by t-test and ANOVA according to the purposre of this study. strate increased the performance level for ADL than the Control group” was supported(t=2.96, df=52.76, p= .004). Sub Hypothesis 1,2,4,5 : “The hypothesis that the experimental group with health contract will demonstrate increased the performance level for eating(t=2.29, df=42.70, p= .027), personal hygiene and grooming (t=4.04, df=43.10, p= .000), dressing(t=3.32, df=67, p= .001) and undressing (t=3.47, df=48.44, p= .001) than the control group” was supported. Sub Hypothesis 3.6 : “The hypothesis that the experimental group with health contract will demonstrate increased the performance level for toiletting(t= .19, df=67, p= .849) and mobilization (t= .30, df=67, p= .765) than the control group” was not supported. The conclusion can be that the positive relationship between the nurse and the patient results in the desired performance level for ADL in the hemiplegic patients.

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