• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.544-548
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• 2021

Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.35-86
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• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

• The Journal of the Korea Contents Association
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• v.12 no.11
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• pp.58-67
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• 2012

It is widely observed in the Korean broadcasting production industry that unfair trade practices occur either when the drawing up a contract is ill-timed, when the contract's stipulations do not adequately cover possibilities in reality, or when the contract is simply breached. In particular, the most prevalent cause of the breach of contracts lies in the broadcasting production practices. Hence, systematic efforts should be made to improve the daily practices of the production industry by ensuring that the whole production process is carried out by contract. In order to achieve this, the following are suggested: i) A preliminary contract is to be made prior to the main one. ii) A standard production contract, which can be used as a template for other sub-contracts such as writing contracts, acting contracts, employment contracts, and so on, needs be introduced. iii) The standard contract should stipulate the obligations of the personnel from broadcasting companies, the recognition of the rights of production companies that created formats, and the boundary of the autonomy that production companies can exercise during production, in particular. iv) Prohibitive provisions are to be introduced into the Broadcasting Law in order to limit the causes for unfair trade practices.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.75
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• pp.49-69
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• 2017

Making a international contract of sale is not a simple work. International Trade parties(seller and buyer) may choose trade terms such as FOB or CIF to simplify their contracts and avoid misunderstanding of international commercial practice. Incoterms is the international rules for the interpretation of the trade terms, and firstly regulated by the ICC in 1936. The latest version is Incoterms 2010. Incoterms 2010 governs certain responsibilities between the seller and the buyer under the international contract of sale. Moreover, Incoterms 2010 provides the standard of division of costs relating to contract of carriage. But we should note that Incoterms 2010 is not the part of contract of carriage. The writer points out that there is no consistence principle in distributing the special costs under the contract of carriage like unloading cost from the transport vehicle. To avoid the dispute between the parties, it is more safe for international traders to fully and completely understand on the customs and practice of carriage of goods. Incoterms 2010 provides more detailed method of delivery of goods than CISG and RAFTD. Concerning the method of delivery of goods, CISG and RAFTD simply provide that the seller shall place the goods at the discharge of buyers. The writer suggests the basic principles to allocate the special costs of delivery of goods according to the trade terms under Incoterms 2010.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.153-178
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• 2016

The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.239-242
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• 2007

Many contractors have overlooked the construction contract general conditions and it was a bad construction practice. Today, construction project is very complex and complicated. This requires a networked contract document and results in a complicated contract conflict hardly to be solved. Therefore, to reduce the construction dispute and to enhance construction practice, clarification of definition of Owner, several conditions to be revised, insertion of design supervision were suggested in this paper.

• Journal of Digital Convergence
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• v.6 no.1
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• pp.11-19
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• 2008

The Bidding System of the public IT project in Korea is fallen behind, because of the ordering habitual practice based old system, overcompetition based sealed bid and subcontract practice. To innovate this old-fashioned practice for public IT project bidding, this paper wants to generate a proper improvement direction of the public IT project contract law and the related policy through the literature review about the ordering and receiving system in Korea, the practical survey about bidding marketplace in Korea, and competition between bidding system and/or policy of major countries: USA, UK, France and Japan. As a result of practical survey, many problems of the current public IT project bidding system came out and improvement ideas toward future situation turned up. These outputs implicate that the current law and system related public IT project demands better improvement work for the future ubiquitous Korea. Therefore, this paper, to solve these problems about bidding systems and practice, propose the new public IT project contract law and the related policy, reflecting these improvement ideas by the practical survey and the literature review, and benchmarking points from bidding system of other countries.

• The Journal of the Korea Contents Association
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• v.13 no.12
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• pp.412-421
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• 2013

The purpose of this paper is to recognize an importance of its practice by rightly understanding mindfulness, and to find one method to solve the success of Information Systems outsourcing through mindfulness practice. To do this, this paper proposes and analyzes a theoretical model consisting of factors such as contract completion, relationship strength, mindfulness practice, trust level and Information Systems outsourcing success. Data was collected using the survey method, and was analyzed using the PLS method. The results of this empirical study are summarized as followings. First, mindfulness practice has positive effects on Information Systems outsourcing success as well as trust level. Second, both contract completion and relationship strength have positive effects on mindfulness practice. The findings will provide basic data for understanding the role of mindfulness practice in Information Systems outsourcing success.

• Korean Journal of Construction Engineering and Management
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• v.2 no.1 s.5
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• pp.78-87
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• 2001

Recently many construction claims related to the ommission and discrepancy of design document are alleged since 1998 and various dispute resolution methods are appeared. But many contractors alleged claims are not satisfied with the result because of not sufficiently reflecting construction practice. The purpose of this study is to analyze the liability of contract privity from the view point of the contract related law and to analyze the claims and claim factor, and to suggest construction contract practice in the public project. The construction claims related to the design document may be minimized, through (1) the accumulation and retrieval of standard forms by owners' type, (2) the usage of specified specification considering project characteristics, (3) the materialization of detail subsurface design and various contract method in heavy engineering construction.