• Title/Summary/Keyword: Contract Performance

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A study on the Construction Claims Between Parties Without Privity (국내 건설분쟁에서 비계약 당사자간의 건설분쟁에 관한 연구)

  • Yun Dae-Jung;Han Sung-Heon;Paek Joon-Hong
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.300-305
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    • 2002
  • The construction project is a complex undertaking involving multiple participants. Conflicts are inherently natural in the construction projects and subsequently, a success of projects mainly depends on how well to cope with the conflicts. In the past, courts usually took the position that the professional's exposure in damages for negligent performance of any of his/her duties would not extend to strangers to the contractual arrangement. However, courts today generally reject that rationale which was earlier in vogue and protect architects, engineers, and contractors from being liable to third parties. It means that the lack of privity of contract could rarely protect a profession in a suit alleging the negligence or professional malpractice in preparing plans or specifications. The main goal of this paper is to enhance the understanding of the legal aspect of privity and to provide the trend of no-privity disputes through the analysis of lawsuit cases during the last 40 years. On the base of the analysis, importance of the third relationship and the liability in construction disputes is presented.

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Effect of neoliberal education policy on the appointment system of teachers -Focusing on the growth of contracted teachers (신자유주의 교육정책에 따른 교사채용 문제점 및 해결방안 -기간제 교사 증가 추이를 중심으로-)

  • Jang, Eun-sook;Choi, Soung-ho;Lee, Gyung-eun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.2
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    • pp.465-471
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    • 2017
  • This study examined the effects of neoliberal educational policy on the appointment system of teachers to assess the impacts of this neoliberal education policy. Neoliberal education policy has led to increased private education cost, and strengthened the function of social stratum reproduction in the education system despite increasing the efficiency and flexibility. Since contracted employment was applied to the educational field, the number of regular teachers began to decrease, while that of contracted teachers increased. For example, the number of contracted teachers was 300 in the 1990, which increased to 42,042 in 2015. Neoliberal education policy contributed to teacher's quantitative demand; however, the increase in the number of contracted teachers is ultimately degrading the education quality. In an education market, the issues of balancing between supply and demand often occur. Therefore, it is necessary to strongly control the number of contracted teachers by limiting their contract period. Furthermore, an institutional device that can convert a contracted teacher to a regular one must be established.

A Study on Improvement Direction for Construction Environment of Small Houses -Focused on Expert Group- (소형주택의 건설 프로세스 개선방향에 관한 연구 -전문가 집단을 중심으로-)

  • Ha, Jun-Geun;Yoo, Seok-Hyung
    • The Journal of the Korea Contents Association
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    • v.18 no.7
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    • pp.388-400
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    • 2018
  • Small houses are continuously supplied after the alleviated housing act enacted in 2009. This study aimed to conduct a survey among an expert group associated with small house construction, propose problems by discovering difficulties and vulnerable points small and medium-sized construction companies experience while launching construction works as well as factors that impede the safety and housing environment of small houses. Furthermore, it ultimately intends to propose improvements. First, low-priced order is a major cause of unreasonable contract. Most companies were found to have low-priced orders in order to manage order performance. Low bidding and low-priced order are implemented to maintain construction businesses, ultimately threatening the safety environment of buildings. In addition, it is assumed that moderate bid periods and construction periods should be guaranteed. Second, work standardization for small and medium-sized companies is needed due to numerous cases that failed to meet order process. Additionally, regular instruction is required as many employees are not fully aware of relevant contents. Third, the most urgent policy direction turned out avoidance of low-priced bidding and removing insolvent enterprises from the market. Small and medium-sized construction companies that primarily build small houses undergo poor work condition. Therefore, the safety environment of small houses should be enhanced through work standardization and avoiding low-priced order.

Effects of Work Environment, Job Satisfaction, and Organizational Commitment on Turnover Intention of Clinical Research Coordinator Nurses (임상시험코디네이터 간호사의 근무환경, 직무만족, 조직몰입이 이직의도에 미치는 영향)

  • Kim, Seul Ki;Lim, Ji Young
    • The Journal of the Korea Contents Association
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    • v.18 no.5
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    • pp.175-190
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    • 2018
  • This was a descriptive study aiming to verify the effects of work environment, job satisfaction, and organizational commitment on the turnover intention of Clinical Research Coordinator(CRC) nurses. In the results of this study, the organizational commitment had significant effects on the turnover intention of CRC nurses. On the other hand, the work environment and job satisfaction had no statistically significant effects on the turnover intention of CRC nurses. Based on the results of this study, the main discussions were drawn as follows. In order to increase the organizational commitment, it would be necessary to have the institutional improvement like the increase of opportunity to participate in the hospital operation, administration, and the establishment of affiliated institution for improving a sense of belonging. It would be also necessary for each hospital to establish the standard of welfare, wage system for the improvement of work environment. If the organizational commitment of CRC nurses who are the actual performers, supporters of researches is ignored, it is unavoidable that the performance and quality of clinical tests would be declined. Therefore, there should be some changes, so that CRC nurses could play a pivotal role in the whole process of clinical test, by changing the employment status from contract position to more stable employment status, to increase their commitment to organization and work continuity.

A study on the state of customized visiting oral health programs (맞춤형 방문구강보건사업 현황조사)

  • Jung, Jae-Yeon
    • Journal of Korean society of Dental Hygiene
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    • v.9 no.4
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    • pp.606-619
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    • 2009
  • Objectives : This study was to examine the state of customized visiting oral health programs in a bid to help facilitate the unified operation of the programs and the development of required guidelines. Methods : The subjects in this study were 49 dental hygienists who were professionals responsible for customized visiting health care programs across the nation. Results : 1. Regarding the form of employment of the dental hygienists were investigated many contract and daily workers. 2. As to the possession of equipment necessary for visiting oral health programs, denture cleaners(12.2%) were most widely possessed in some regions, followed by mobile scalers(10.2%) and mobile suctions(8.2%). In terms of expendable devices and materials, dental mirrors, pincettes and explorers were the most widely possessed dental checkup devices, and the most widely possessed oral hygiene supplies were toothbrushes, interdental brushes and denture cleaners. Those devices and materials were in more possession than the other types of devices and materials. The most widely possessed equipment for educational purpose was laptop computers, followed by beam projectors and screens. The most widely possessed teaching materials were dentiform, followed by CD-ROMs. 3. Those whom they visited the most for oral health care service were elderly people, followed by the disabled and patients with chronic diseases. The dental hygienists who went out to visit those people outnumbered the others who stayed at public health centers. Concerning the types of visiting oral health care service, the most prevalent service provided to the elderly included denture cleaning/management, oral massage and preventive treatment against dental caries. The most dominant service provided to the disabled involved education of the oral health care act, preventive treatment against dental caries and toothbrushing by professionals. The most common service offered to patients with chronic diseases was education of the oral health care act and oral health education. The dental hygienists paid a visit to a mean of 5.8 households a day. The average weekly number of households cared by the dental hygienists was 27.3. It took a mean of 37.1 minutes for them to take care of each household. 4. As for satisfaction level with the implementation of the visiting oral health programs, they expressed the greatest satisfaction at teamwork with professionals($3.56{\pm}0.94$), followed by the professionalism of their work($3.21{\pm}0.94$) and workload($3.08{\pm}0.94$). Their satisfaction level with the work conditions required for creative job performance($2.75{\pm}0.98$) and partnership with other institutions($2.64{\pm}1.03$) was below 3.0. In regard to the impact of their characteristics, marital status made a statistically significant difference to satisfaction level with workload. The unmarried dental hygienists were more pleased with their workload than the married ones(p<0.05). 5. As to needs for education for professionalism improvement, they asked for education about visiting oral health care skills the most, followed by education about oral health care for patients with chronic diseases, education of planning/evaluation and education of oral health care for the disabled. Conclusions : The top priority for the vitalization of the programs was the procurement of budget, followed by the procurement of equipment and educational media and the procurement of human resources.

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Analyzing the Operational Differences of Foodservice Center for Homebound elderly by the Presence of the Dietitian (영양사 유무에 따른 재가노인 급식서비스 제공기관의 실태 분석)

  • Jeong, Hyeon-Yeong;Yang, Il-Seon;Chae, In-Suk;Lee, Hae-Yeong
    • Journal of the Korean Dietetic Association
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    • v.10 no.2
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    • pp.197-204
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    • 2004
  • The purposes of this study was to analyze the operational difference of foodservice center for homebound elderly by the presence of the dietitian. The questionnaire was developed to measure all variables for menu management and distributed to 103 meal service centers in charge of congregate meal service program and 57 centers for home-delivered meal service program. The data of 160 centers in charge of congregate meal service and home-delivered service centers were usable for analysis. Statistical data analysis was completed using the SAS 8.1 package program for descriptive analysis and chi-square test. Only 21.9% meal service centers had dietitians, what is more, they were not professionals who did menu management but foodservice managers, volunteers, cook or social workers. The current foodservice programs for the homebound elderly were operated without professional. In the part of menu managemet, dietitians were more actively involved in menu planning in the elderly foodservice center in the presence of the dietitians. The performance level of healthcare service was not significantly different, but the nutrition education in the elderly foodservice center with the dietitians was more frequently performed than that without the dietitians(p<0.05). In the food purchasing and food production management, the significant differences were shown that in the elderly foodservice centers in the presence of the dietitians, the proportion of the contract purchasing was significantly higher than that of direct purchasing(p<0.01). In food sanitary management, the significant differences were not shown in the part of management of keeping meal for identifying the cause of food-borne illness and left-over, but the sanitation education for the foodservice employees was performed more frequently by the presence of the dietitians(p<0.01). In conclusion, the foodservice management was more systematically conducted in the elderly foodservice centers in the presence of the dietitians than that without dietitians. The elderly foodservice program has offered the health-related support for homebound elderly. Although there were several problems in elderly foodservice management, the program delivered well-targeted, effective, and efficient nutrition services and wide range of supportive service to the at-risk older population. It needs to be managed by professional for the improvement in the elderly foodservice.

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Analysis of the major subcontract competence factors of overseas plant construction (해외 플랜트 공사의 주요 하도급 역량 요인 도출 및 분석)

  • Kim, Hwa-Rang;Sohn, Tae-Hong;Jang, Hyoun-Seung
    • Korean Journal of Construction Engineering and Management
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    • v.14 no.5
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    • pp.84-91
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    • 2013
  • In 2012, Korean overseas construction market has achieved 64.9 billion dollars of contract order and its amount has increased since the mid 2000's. However, importance of qualitative growth based on profitability as well as quantitative growth is also emphasized. This study analyzed overseas plant project's subcontract process management which is closely related to cost management as one of the qualitative growth methods. In order to select major subcontract processes, extensive literature review and focus group interview(FGI) were implemented and then professionals with years of experience in the overseas plant projects were participated in the questionnaire survey. The collected data were analyzed by Benefit-Structure Analysis(BSA) model. The findings of this study include: (1) the seven and six subcontract processes are positioned in the area of importance control factor and in the area of maintenance/control factor, respectively; (2) administration capability attainment is needed for the six subcontract processes in the area of importance control factor and sustainable management system is required for the processes in the maintenance/control factor area. The further research will identify key subcontract processes to be managed for overseas plant projects by Korean EPC contractors based on the findings of this research.

A Study on Method Activation of Construction Management through Investigation of Public Owners' Capability level (공공부문의 발주자 역량 수준 조사를 통한 건설사업관리 활성화 방안 연구)

  • Kim, Sun-Sik;Kim, Ju-Hyun;Lee, Yun-Sun;Kim, Jae-Jun
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.289-294
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    • 2007
  • It has been 10 years Since December 1996 when CM method was institutionalized by Construction Industry Fundamental law. Even though construction market has been in stagnant of business activities till now, CM in Korea started to be activated by the introduction of CM method i.n public construction. In the end of 2005, the number of CM order's contract is 6.7 times , an amount of CM order's money is 9.2 times more than operation plan of CM system announced in 2001. Therefore, CM market has been dramatically growing. However, it is judged that the shortage of faith in CM project and necessity of CM method are not recognized and study on a owner who affects successful settlement of CM has not been performed. When considering those points, in introduction and practical use of CM, CM is suggested to the field which is necessary for a client through the task performance level research and analysis of a owner who act a important role to activate Construction Management. As result of studying pre-existing papers to i.nvestigate of owner's capability level, the task function of a client is classified into 10 types and a public opinion poll was performed based on the 10 types of function.

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The Negotiation Model of Negotiation Agents for m-Commerce (모바일 전자상거래를 위한 협상 에이전트의 협상모델)

  • 정진국;이순근;조근식
    • Journal of Intelligence and Information Systems
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    • v.9 no.3
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    • pp.155-175
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    • 2003
  • In context of e-commerce, negotiation is a procedure to help negotiate between buyer and seller by adjusting their negotiation issues such as price and in terms of payment. We used intelligent agent and mobile device to promote new framework of e-commerce. Moreover, this framework can help buyers and sellers to carry their commercial transactions effectively. In regard to that issue, we need to carry out the research of negotiation agent that can be used in e-commerce fields. In this paper, we modeled the negotiation using CSP for the performance of agent in m-commerce environment. Furthermore we implemented interface for mobile device to extract buyer's requirement and preference easily Besides that we used utility function to make a decision for various evaluation functions and suggestions that are used for evaluation of negotiation issues. A difficulty of generating offer is dependent on the number of negotiation issues and the range of the values. Therefore, if any offer has a number of negotiation issues and the range of values are wide, the search space will be exponentially expanded. There have been many studies fur solving this problem, we applied those techniques to improve the agent's ability of negotiation. For example, a contract can be accomplished by exchanging seller and buyer's offer that is generated by agent to adjust the requisite profit for each party. Finally, we show the improvement of satisfaction as the negotiation is processed.

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Forecasting KOSPI 200 Volatility by Volatility Measurements (변동성 측정방법에 따른 KOSPI200 지수의 변동성 예측 비교)

  • Choi, Young-Soo;Lee, Hyun-Jung
    • Communications for Statistical Applications and Methods
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    • v.17 no.2
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    • pp.293-308
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    • 2010
  • In this paper, we examine the forecasting KOSPI 200 realized volatility by volatility measurements. The empirical investigation for KOSPI 200 daily returns is done during the period from 3 January 2003 to 29 June 2007. Since Korea Exchange(KRX) will launch VKOSPI futures contract in 2010, forecasting VKOSPI can be an important issue. So we analyze which volatility measurements forecast VKOSPI better. To test this hypothesis, we use 5-minute interval returns to measure realized volatilities. Also, we propose a new methodology that reflects the synchronized bidding and simultaneously takes it account the difference between overnight volatility and intra-daily volatility. The t-test and F-test show that our new realized volatility is not only different from the realized volatility by a conventional method at less than 0.01% significance level, also more stable in summary statistics. We use the correlation analysis, regression analysis, cross validation test to investigate the forecast performance. The empirical result shows that the realized volatility we propose is better than other volatilities, including historical volatility, implied volatility, and convention realized volatility, for forecasting VKOSPI. Also, the regression analysis on the predictive abilities for realized volatility, which is measured by our new methodology and conventional one, shows that VKOSPI is an efficient estimator compared to historical volatility and CRR implied volatility.