• 제목/요약/키워드: Contract Practice

검색결과 172건 처리시간 0.023초

해상운송.해상보험에서의 해상보험자 대위권 관련조항 고찰 (A study on the clauses relating underwriter's subrogation in the carriage by sea and marine insurance)

  • 조종주;김흥기;강용수
    • 무역상무연구
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    • 제47권
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    • pp.337-353
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    • 2010
  • On payment of the insurance money the insurer is entitled to be subrogated to all right and remedies of the assured in respect of the interest insured in so far as he has indemnified the insured. The purpose of subrogation is to prevent the assured from recovering more than once for the same loss, e.g. where goods are lost owing to a collision, the assured cannot claim the insurance money from the insurer and then sue the owners of the ship that negligently caused the collision. Under the doctrine of subrogation the right to sue owners of the negligent ship passes from the assured to the insurer on payment of the insurance money. The insurer is subrogated to the assured 'rights against the carrier under the contract of carriage. To defeat the cargo underwriters' subrogation righters, the carriers inserted in their B/L a clause allowing the carriers to have the "benefit of the shipper's insurance. But, in the Hague Rules, Hamburg Rules, Rotterdam Rules, its makes void any clause that assigns a benefit of insurance of the goods in favour of the carrier. In practice the insurer asks the assured to sign a letter of subrogation and retains the documents in order to prosecute the rights subrogated to him.

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Disputes in Managing Projects: A Case Study of Construction Industry in Vietnam

  • VO, Khoa Dang;NGUYEN, Phong Thanh;NGUYEN, Quyen Le Hoang Thuy To
    • The Journal of Asian Finance, Economics and Business
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    • 제7권8호
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    • pp.635-644
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    • 2020
  • The construction industry in developing countries like Vietnam, which incorporates small and medium construction enterprises, is typically more prone to disputes and contract dispute-related lawsuits. A dispute may occur at any time in the life cycle of the project. It is sometimes solved with the intermediation of a lawyer or directly by stakeholders. Understanding the causes of disputes in a construction project not only improves the efficiency of a company but also increases the success of projects. This study was carried out using a questionnaire survey at construction projects in Ho Chi Minh City. Sample data with 117 observations were analyzed to find the disputing factors in construction projects: diversity of working style among the parties; reluctance to work; and poor teamwork. Correlation coefficient on a rank of factors between design consultant and contractor; Design consultant and project owners are positively correlated. The Exploratory Factor Analysis (EFA) analysis identified six groups of factors in construction disputes: cooperation, technology, economics, productivity, information, and behavior. The findings are useful for enterprise practice and provide participants with an overview of sources of dispute. Thus, a more complete risk management plan can be formulated, which will accelerate project progress and improve the likelihood of success.

연명의료결정법의 시행과 제도적 실현을 위한 방안 (Act on hospice-palliative care and life-sustaining treatment decision-making and institutional measures for its implementation)

  • 허정식;김기영
    • Journal of Medicine and Life Science
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    • 제16권3호
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    • pp.80-83
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    • 2019
  • First of all, this study shows the legal issues of hospice and palliative care, and the legal basis for lifelong medical practice is generally derived from medical, civil and criminal law regulations, and is applied to patients who are severely ill and dying in principle. In addition, those what is particularly meaningful about hospice and palliative care in terms of legal aspects are discussed the determination of the purpose of care and the provision of medical adaptability and adult guardianship, in particular the legal criteria for the work and status of patient representatives. As such, the purpose of care is to form part of the contract of care and to be agreed between the patient and the physician. In addition, the patient may not write to his/her agent in advance, and the patient may admit discretionary powers to his/her agent, but the patient's will is to be considered. In conclusion, the medical institutional ethics committee should play an active role, especially in the case of no-agents/family or no intention of the patient.

대형 건물의 연간 전기에너지 사용총량 및 전력원단위 분석에 관한 연구 (Recommended Practice for a Reasonable Power Density end Analysis of Power Consumption Capacity for the year in Large-scale Buildings)

  • 김세동;유상봉
    • 조명전기설비학회논문지
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    • 제23권6호
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    • pp.85-88
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    • 2009
  • 업무용 건축물 분야에서의 초에너지절약형 시스템으로의 개선이 절실하다. 사무소용/병원/호텔 건물을 중심으로 시간대별 및 연간 전력사용량 등의 전력소비 특성을 조사하였고, 건물연면적, 계약전력, 최대수요진력 등을 조사 분석하였다. 조사된 자료의 전체 특징과 중심적인 경향을 알아 보기 위해서 평균값, 표준편차, 최대값, 최소값, 부하율 등의 특징파라메터를 분석하였다 이를 토대로 연간 전기에너지 사용 총량과 에너지절약 성능의 관리기준을 나타내는 전력원단위를 분석하였고, 전기에너지 연간 사용총량 산정에 필요한 자료를 데이터베이스화하였다.

Architects' Perceptions on Identifying Major Risk Factors and Mitigation Measures in Green Building Design :The Case of South Korea

  • Kim, Jinho
    • Architectural research
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    • 제21권3호
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    • pp.69-77
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    • 2019
  • Architects are facing increasing risks that result from heightened expectations of benefits and performance when designing green buildings compared to traditional buildings. This study aims to explore the possible risk factors for architects in green building projects in South Korea and assess risk mitigation measures. To attain this goal, 14 risk factors and 12 mitigation measures were determined through an extensive literature review. A questionnaire was administered to architects practicing green building design and criticality index was employed to assess major risk factors and mitigation measures. This study identified 'adoption of new technology and process', 'green building certification results', 'building products and materials', and 'energy saving uncertainty' as the major risk factors of green building projects. Additionally, the questionnaire proposed 'contract indicating each party's role, liability, and limitations clearly', 'utilizing integrated design process', and 'understanding client's goal in green building projects' as the three most effective risk mitigation measures in designing green buildings. There are few studies that focus on architects' perceived risks concerning green building projects; this study contributes to a deeper knowledge and attempts to fill the current literature gap, which would benefit South Korea's green building design practice by aiding in the development of better risk management strategies.

영국 2015년 보험법의 해상보험 담보특약 제도에 대한 연구 -한국과 중국의 판례를 중심으로- (A Case Study on the Warranty in Marine Insurance under the Insurance Act 2015 in the UK -The Case of Korea and China-)

  • 안태건;김성룡;이승은
    • 무역학회지
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    • 제45권3호
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    • pp.133-146
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    • 2020
  • In the UK's the insurance law 2015, a remedy for breach of warranty in marine insurance was introduced. Also, if the insured proves that breach of warranty in marine insurance does not affect damages, the insurer pays the insurance money to the insured. The UK's marine insurance law has served as the governing law that has been the standard for the marine insurance industry for a long time. Korea and China were heavily influenced by the UK maritime insurance law. Therefore, this study analyzed the cases of breach of warranty in marine insurance in Korea and China. Through this, the insurer avoid the insurance contract for an accident that occurred after the breach of warranty. this result will be different under the new revised insurance law system. With the revision to The Insurance Act 2015, one of the biggest change in the insurance system is that it is possible to remedy of the violations of warranty. However, such a revision of the law requires considerable attention as it also changes the interpretation and judgment of the courts. Accordingly, a practical response of the insurance industry is required. It is necessary to prepare for possible disputes in practice.

TREE FORM CLASSIFICATION OF OWNER PAYMENT BEHAVIOUR

  • Hanh Tran;David G. Carmichael;Maria C. A. Balatbat
    • 국제학술발표논문집
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    • The 4th International Conference on Construction Engineering and Project Management Organized by the University of New South Wales
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    • pp.526-533
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    • 2011
  • Contracting is said to be a high-risk business, and a common cause of business failure is related to cash management. A contractor's financial viability depends heavily on how actual payments from an owner deviate from those defined in the contract. The paper presents a method for contractors to evaluate the punctuality and fullness of owner payments based on historical behaviour. It does this by classifying owners according to their late and incomplete payment practices. A payment profile of an owner, in the form of aging claims submitted by the contractor, is used as a basis for the method's development. Regression trees are constructed based on three predictor variables, namely, the average time to payment following a claim, the total amount ending up being paid within a certain period and the level of variability in claim response times. The Tree package in the publicly available R program is used for building the trees. The analysis is particularly useful for contractors at the pre-tendering stage, when contractors predict the likely payment scenario in an upcoming project. Based on the method, the contractor can decide whether to tender or not tender, or adjust its financial preparations accordingly. The paper is a contribution in risk management applied to claim and dispute resolution practice. It is argued that by contractors having a better understanding of owner payment behaviour, fewer disputes and contractor business failures will occur.

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한의학임상에 기초를 둔 천연물신약 연구과정에 대한 소고 - 역사적 근거 발굴부터 천연물신약 임상시험계획승인신청까지 - (A Proposal for Research Process of Botanical Drug based Clinical Traditional Korean Medicine - Historical Evidence-Based Medicine II -)

  • 엄석기;김세현;김경석;박상재;어완규;최원철
    • 대한한의학원전학회지
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    • 제23권4호
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    • pp.63-102
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    • 2010
  • Purpose : To propose various types of clinical research which is feasible for botanical new drug (IND) development processes, and suggest essential steps to development of study protocol for IND. Methods : Literature-based discussions and one research group's experience is given regarding domestic act, regulation, and system. Results : In order to get an approval of IND for botanical drug in Korea there are several types of clinical research to conduct. In quality control steps for standardized medicinal herbs, case reports or case series can be conducted, and for good manufacturing practice(GMP) steps, we can conduct case reports, case series, and retrospective cohort studies. In addition, as long as we gathered good laboratory practice(GLP) data we can conduct up to quasi-experimental studies and clinical trials including investigator initiated trials. In order to conduct these studies development of study protocol is essential. First, we obtain historical evidence including target disease and indication, efficacy, safety, and endpoints by reviewing medical classics. Second, we obtain clinically and statistically important data by conducting non-clinical studies, observation studies, and quasi-experimental studies. Third, we generate research hypotheses and purposes and explore methodologies, endpoints, clinical practice guidelines, cost-effectiveness, and commercial potential. Finally, we develop study protocol with aid of biostatistician or expert in contract research organization. Discussions and conclusions : This study have obvious limitations in that most thoughts, suggestions, and proposes are from one research group's experience. Therefore, we hope to see various types of research in this topic and process from other research group as well.

건축설계 실무과정에서 디자인 프로세스의 적용에 관한 연구 (A Study on the Application of Design Process in the Architectural Design Practice)

  • 강미현;김소라;신병욱
    • 한국농촌건축학회논문집
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    • 제24권3호
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    • pp.59-66
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    • 2022
  • This study aims to find out how architectural designers applied the design process and what content is applied in the practical process of architectural design in Korea, and to improve it if there is a problem. So the study is carried out by investigating 13 architects(Including one person who wants to keep his work private) with extensive experience in architectural design. The architects were questioned on how and what content the design process was used for their representative works that had been designed. And interviews and field surveys were conducted on other matters to be improved. The survey was conducted from November 2021 to July 2022. According to the conclusion of this study, First, Most architects were applying the design process in the architectural design practice. These are caused by an impact on education, but there was also an aspect of preparation in terms of guidelines such as the Architects Association and storage rights. Second, Although the design process differed in each name and phase, it was generally carried out in the order of the start phase, the planning work phase, the basic design phase, the intermediate design phase, the implementation quarterly, and construction. Third, The step-by-step work of the design process differed slightly depending on the architect, but counseling and contract work were mainly performed at the start-up phase, and field surveys, legal investigations, and case studys were conducted at the planning phase. In the basic design phase, some contents related to architectural programming, basic drawings, images, and models were used as main work contents. In the intermediate design phase, secondary contents such as licensed books and facility facilities were the main tasks. In the implementation design phase, detailed maps and various frost facilities were finally inspected. Since then, construction and supervision have been carried out in the order of progress. Forth, As for the contents to be improved in the future, the architect's ability, the designer's knowledge of the overall architecture, the design supervision system, and the expansion of time for the initial design process were answered.

"무역상무(貿易商務)에의 역사적(歷史的) 어프로치와 무역취인(貿易取引)의 전자화(電子化)" (E-Commerce in the Historical Approach to Usage and Practice of International Trade)

  • 춘홍차
    • 무역상무연구
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    • 제19권
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    • pp.224-242
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    • 2003
  • The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

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