• Korea Trade Review
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• v.45 no.5
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• pp.117-139
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• 2020

In case of international long-term transactions, there are various risks of economic change of circumstances including skyrocketing price increase and shortage of raw material, as well as force majeure in a general sense. Nevertheless, pretty many of international long-term commercial contracts do not include the provisions of renegotiation and adaptation of the contract. In this case, possibility of renegotiation and adaptation depends mainly on the applicable law. Namely, it may be possible or not, according to choice of law. The reason is that national laws have nuances each other, and most of national courts are traditionally reluctant to accept hardship. and also, provisions of international uniform law (CISG) has ambiguity and inflexibility in relation to the problems of change of circumstances. Accordingly, this paper analyzes comparatively the doctrines and provisions related to renegotiation and adaptation of contracts of the most representative countries such as England, U.S.A., France, Germany as well as provisions CISG and soft law such as PICC. By doing so, the author makes clear which laws of instruments is more flexible or acceptable in allowing renegotiation and adaptation of long-term commercial contracts, and emphasizes on the importance of inclusion of express terms by using other alternative supplementing clauses, as a best solution for settling the problems of legal uncertainty of contract in relation to renegotiation and adaptation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.23-47
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• 2015

European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

• Journal of the Korean Dietetic Association
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• v.2 no.1
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• pp.92-104
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• 1996

Contract Managed foodservice has been expanded rapidly in university foodservice operations. The purposes of this study were to examine customers and administrators' preference concerning operation format, the decision making components for operation format, and administrators' attitudes concerning contract managed and self-operated foodservice. Two types of questionnaires were developed and implemented. Customer and administrator's questionnaires were distributed to 900 university students and 27 administrators respectively, and 831 customers and 24 administrators were responded with a response rate of 92.3% and 88.8% respectively. Statistical data analysis was completed using the SPSS programs for descriptive analysis, $x^2$-test, ANOVA, and T-test. The results of this study can be summarized as follows 1. In deciding foodservice operation format, the components customers considered were the ability to provide variety of meal items, aesthetic and safe food(62.6%), the ability to provide a food with competetive low price(22.1%), and the ability to provide adequate service and nutrition information. On the contrary, the components administrators considered were the ability to provide variety of meal items, aesthetic and safe food(66.7%), the ability to relieve administrators of managerial burden of the foodservice operation(12.5%), and the ability to invest facility(8.3%). 2. The average score of attitude on contracted and self-operated management activities were 3.41, 3.10 respectively. University administrators evaluated that contractors performed financial management activities more effectively. 3. University administrators with contracted or self-operated foodservice favored their own current operation format.

• Korean Journal of Poultry Science
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• v.20 no.2
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• pp.107-114
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• 1993

The structure change in the broiler industry of Korea has been taking place very rapidly toward the direction of integrated production and marketing system. During the course of the evolution into the integrated structure, however, a number of small business entities, uncountable nationally but a minimum of a dozen, that previously engaged in the supply of production factors or live bird transaction also tended to get involved in the new system as a disguised or pseudo-integrator, having brought a lot of problems not only to the farmers but also to the development of integrated structure. The pseudo-integrator is generally characterized by limited functions in such a way of supplying chicks and feeds to and collecting grown birds from farmers under the contract at a fixed farmer's payment in practically the same pattern as a partial or quasi-integration, which intends to act as if an integrator in a stratagem to simply enjoy a margin simply from selling supplies and buying products for a certain period of time. The grower making a contract with appears to be a farmer who used to be an Independent and speculating but not able to join in the normal system of evolving integration. The problems of a pseudo-integrator center on the financial loss to a contract farmer, because the falsified integrator has to become easily bankrupt and run away when the price of live broiler continually stays below the cost of production, even though he is able to make a tremendous profit otherwise which is the real purpose of the operation for. It is true that the volatile market, fluctuating the price up more than doubled in a month and down to a half in a few weeks, makes the pseudo-integrator find the room for such a fraudulence. In addition, its activity also adversely affect the evolution of the integration due to rather negative image on structure change in general. It is recommended that the farmers need to better understand the real picture of the integrated system so as not to be swindled by a disguised, small scale agribusiness agent. By the same token, it is also equally required to have the whole industry integrated completely as early as possible. The Joint effort to get rid of pseudo-integrators' problems shall be put for the industry development moving toward the integration. No doubt a pseudo-integrator must be a temporary player for chance emerging during the course of structure change into the integrated, though.

• Korean Journal of Construction Engineering and Management
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• v.20 no.3
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• pp.3-11
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• 2019

The construction of a facility is an act whereby infrastructure such as roads and railways and other facilities such as housing and office spaces are constructed, and due to the characteristics of the relevant industry where such construction is carried out in a custom order method, it requires a long period of time mostly. While the construction is carried out over a long period of time, fluctuations in the price of raw materials required for the construction occur. Therefore, the cost of the construction also fluctuates inevitably. The fluctuation of the construction cost meshes closely with the profit of a constructor and the efficiency of government spending. Therefore, it is necessary to maintain the construction cost at a reasonable level by adjusting the construction cost rationally in order to secure the required construction quality and spend the budget efficiently. The buffer system for solving such problem is the contract amount adjustment system by fluctuations in prices (Escalation/De-Escalation). In this study, the method combining the escalation method based on the item adjustment method was suggested for an efficient contract amount adjustment method. In addition, it is proposed that there be an investigation and codification of matters not applied to government acts and regulations on contracts related to the adjustment of fluctuations in prices legally.

• Journal of Distribution Science
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• v.15 no.11
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• pp.73-82
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• 2017

Purpose - This paper aims to investigate a profit maximizing incentive of foreign traders in distributing the KOSPI 200 Futures. Such an incentive may induce unsophisticated retail traders to suffer loss from speculative trading. Since Korean government increased the entry barriers of the market to protect unsophisticated traders, the market size has been decreasing while the proportion of the contract held by foreign traders has been increasing. These on going changes make the market imperfectly competitive, where a profit maximization incentives of foreign traders are expected to grow. In this paper, we attempt to find any evidence of such behavior, thereby providing implications regarding market policy and market efficiency. Research design, data, and methodology - According to Kyle(1985), an informed trader exploits his/her monopoly power optimally in a dynamic context so that he/she makes positive profit, where he/she could conceal his/her trading utilizing noise trading as camouflage. We apply the KOSPI 200 Futures market to the Kyle's model: foreign traders who take into account the effect of his/her trading to maximize expected profits as an informed trader, retail investors as noise traders, and financial institutions as market makers. To find any evidence of monopolistic behavior, we test the variants of trading volume and price data of the KOSPI 200 Futures over the period of 2009 and 2017. Results - First, we find that the price of the KOSPI 200 Futures are more volatile than the price of underlying asset. Second, we find that monopolistic foreign trader's trading order flows are consistent with exploiting his/her monopoly power to maximize profit. Finally, we find that retail investors' trading order flows are inversely consistent with maximizing profit, that is, uninformed retail investors suffer loss continuously in speculative trading against informed traders. Conclusions - Our results show that the quantity of strategic order flows may have a large effect on the price, therefore, resulting the market inefficiency. The results also imply that, in implementing regulations, the depth of the market must be considered to maintain market liquidity, and suggesting interesting research topics regarding the market structure.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.499-502
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• 2007

The government abolished the existing method to calculate the construction price by the quantity take-off and pricing. It has introduced a new estimating system which uses the actual cost data on the basis of actual contract unit price. However, in the case of the current method to calculate the estimate price of BTL educational facilities, it is difficult to prepare an accurate ground for calculating unit prices due to a lack of standardized work breakdown structure (WBS) and guidelines for the detailed bidding documents. Thus, this research aims to establish WBS using the actual construction price on the basis of the actual bidding documents for the previous construction of BTL educational facilities. This specific WBS can be differentiated from the general WBS which is not suited for construction of the educational facility. It makes possible to build the construction information classification system and it helps to systemize the maintenance and repair cost items.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.26 no.6D
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• pp.975-983
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• 2006

This study analyzed bidding data for construction projects ordered by the Public Procurement Service under the lowest bidding system since 2001 by using statistical technique in terms of construction types, company sizes, bidding prices. This study brings out construction company's bidding practices and problems caused by the current lowest bidding system and suggests the way to mitigate the problems and to improve the lowest bidding system. The analysis shows the problem of winning a bid in abnormally low price under the lowest bidding system, feared at the start, was realized. As bidding practice has polarized with low and high price, the analysis shows that the lowest bid system's market has a high possibility to be distorted by construction companies' bid strategies. To complement the lowest bidding system's problem, the analysis shows that introduction of the bidding system using particulars where bidders estimate construction quantities and unit prices by themselves is needed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

• Korean Journal of Construction Engineering and Management
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• v.10 no.6
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• pp.107-116
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• 2009

As the Fundamentals of Construction Business Act was revised in December 2004 and its implementing ordinances and enforcement regulations were adjusted in June 2005, the screening system of low price subcontracting has been an obligation to the public owners, having brought about arguments for and against since it enacted in 1983. The statutes for low price subcontracting have been reinforced from this year; for example, it underlines to submit to a project and builds an information network of subcontracting works. The system's original intention was that prevents shoddy and fraudulent constructions caused by low price subcontracting and precludes disturbances of fair trade by screening that whether it satisfies the conditions or not in advance. But, the criterion for the existing low price subcontracting has several issues having held up a true mirror to the real situation. It is arguable to discharge an important task with the primary purpose. This dissertation have researched the problem with a deposit of subcontract and the low price subcontracting basic rate are being used by the criteria for deciding whether it is a low price subcontracting or not, so showing the plan of reformation based on the findings, it wishes to contribute toward making the most of the system's essential intent.