• Title/Summary/Keyword: Contract Procedure

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A Study on the Interpretation for Change Order Clause of USA Government Contract (미국의 공공공사 설계변경조항 해석동향 연구)

  • Cho, Young-Jun
    • Journal of the Korea Institute of Building Construction
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    • v.9 no.5
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    • pp.103-110
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    • 2009
  • A construction project consists of a variety of contracts for the completion of work. The large number of contracts involved in a single project increases the likelihood that disputes will arise between the parties involved regarding the terms of service. Actually, there are many disputes that are caused by a change 0 order. While such disputes should be settled by interpreting the terms stipulated in the agreement entered between the two parties, the process of dispute settlement is often restricted to arbitration and lawsuit, and as a result the parties tend to avoid it due to its inefficiency. For this reason, in Korea it is hard to find cases of interpreting terms of service, while in the U.S. it is easy to find diverse cases of interpreting terms of service, since there is a process of dispute settlement by each stage by the party who has placed an order. Therefore, this study presents analysis of case studies of contract changes, looking specifically at changes in the scope of the work, changes in quantity, changes in the period of implementation, changes in the method of implementation or attitude, changes in items provided by the government or the delivery place, and the acceptance of such change procedure by a contractor, and the adjustment of a reduction.

Process Improvements for Reducing Apartment Defects after Completion (준공후 아파트 하자 저감을 위한 절차개선 방안 연구)

  • Cho, Young-Jun
    • Journal of the Korea Institute of Building Construction
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    • v.18 no.4
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    • pp.355-361
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    • 2018
  • Many defects are occurring in apartments, the main residential area in Korea. This is due to a lack of construction skills and a lack of management. As many apartments are provided to buyers, the dispute over defects after completion is increasing rapidly. The Housing Act was amended so that local governments could order contractors to repair defects. However, even if defects are resolved after a defect is generated, it is not a fundamental solution that can be satisfied because buyers have to endure the pain caused by the defect. So, it is necessary to protect the interests of buyers by fundamentally reducing defects in apartments. Therefore, in this study, it was suggested that the asymmetry of the information about the apartment buyers should be resolved at the time of sale of the apartment, the final drawings should be a contract document, the review period of the apartment house supervision should be secured, the appropriate supervisory fee should be secured at the time of contract change and the payment procedure should be improved.

Usage Status Survey on Some Essential Facilities, Equipment and Documentary Records for HACCP Implementation in Contract Foodservices (HACCP 적용에 필요한 시설 . 설비 . 문서의 위탁급식소 구비 실태에 관한 조사)

  • Moon, Hye-Kyung;Ryu, Kyung
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.33 no.7
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    • pp.1162-1168
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    • 2004
  • In this study, based on SSOP (Sanitation Standard Operating Procedure) for HACCP in Food Sanitation Act, essential facility, equipment and documentary records for HACCP implementation were identified. Usage and adoption of these devices at Korea Food & Drug Administration appointed HACCP foodservices ("Appointed"), voluntary HACCP applying foodservices ("Voluntary applying") and HACCP non-applying foodservices ("Non-applying") have been compared. Total 46 contract foodservices were surveyed: 13 "Appointed" (65% of nation-wide all appointed food services in February, 2002),17 "Voluntary applying" and 16 "Non-applying". For usage and adoption of facility and equipment, 18 out of total 27 surveying items showed significant differences at the three foodservice groups (p<0.01 or p<0.05). Specifically, following items showed lower usage than 70% in the "Appointed": ′A trench including grease trap′, ′3-compartment sink with hot water′. Regarding CCP monitoring tool installation, 8 out of total 9 items showed significant differences among the groups (p<0.01 or p<0.05). For the usage of 10 documentary recording items for HACCP application log, 7 items showed significant differences among the groups (p<0.01 or p<0.05). Resultantly, most of those essential facilities, equipment and documentary records ;were used only in the "Appointed". The limited usages of those were showed for the "Voluntary applying" where the dietitian answered they applied HACCP voluntarily. The "Non-applying" didn′t have many surveyed items.

Individual & Community in Korean Neo-Confucianism (한국(韓國) 성리학(性理學)에 있어서의 개인과 공동체)

  • Lee, Sang-Ik
    • The Journal of Korean Philosophical History
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    • no.38
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    • pp.97-128
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    • 2013
  • Originally confucianism is closer to communitarianism than to individualism. The ideal of confucianism is to realize ethical community. Chu Hsi's theory of the Song dynasty reestablishes the ideal of ethical community and dignitaries(士大夫) take the job to realize it as their own vocation. There are many developed 'family clans and kinsfolk societies', 'local covenants and sacred storehouses' and 'private academies' in the Chosun dynasty as in the Song dynasty. These communities are three kinds of axial confucian community, which are both natural ascriptive groups and voluntary contract groups in nature. Communities of Chosun dynasty are to strengthen the solidarity through friendship and mutual help as well as to cultivate good customs in society. Also these traditional communities are managed by democratic procedures, as these are originally voluntary contract groups. On the other hand, traditional neo-confucian self-training theories like that individual personality should be harmony with general order, or one should pursuit his private interest according to fair principles are the process of sublimation private individual into public citizen.

A Study On The Exploring Alternatives In After-School Program According To The Application Of Contract Law (방과후학교에서 계약법 적용에 따른 대안 모색)

  • Jeong, Yeong-Mo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.6 no.7
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    • pp.219-228
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    • 2016
  • This research aimed at investigating policy change process of after school contracting out and suggesting future alternative. Also, this research conducted a literature search for the research data related to policy and related regulations. As the result of investigation, the Ministry of Education established management plan for after school, however there have been changes in policy, e.g. contracting out was executed from 2004 to 2008 upon autonomy of unit school through school steering committee deliberation(consultation), while standardized procedure was conducted, which was suggested in 'After school operation guideline', produced in cooperation between the Ministry of Education and municipal ministry of education from 2008 to 2015, while since 2016, contract law should be applied when after school contracting out is adopted. Policy change since 2016 is based on the legal necessity that contract law should be followed as the contract size of after school contracting out has become larger along with necessity of clarity of after school contracting out. Nevertheless, there's a worry that quality of after school education could be degraded due to lowest price bidding. The government suggested an alternative to prevent excessive price competition by paying a regular rate of basic price as personnel expenses, however this research suggested a plan to enact an ordinance in regard of specialty of after school educational activities and cities and provinces as the fundamental solution plan.

Study on Procedure for Escrow Account to Resolve Controversy of Intellectual Property Right of Software for Rolling Stock (철도차량 Software 지적 재산권 분쟁 해결을 위한 Escrow Account 적용 절차에 대한 연구)

  • Park, Jun-Hyung;Cho, Chi-Hwan;Kang, Chan-Yong
    • Proceedings of the KSR Conference
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    • 2008.06a
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    • pp.1479-1485
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    • 2008
  • This paper shows the result of study on the detailed applicable procedure of software Escrow account applied for rolling stock. The customer as end-user requires software source code, related critical technical documents etc. about software based system of train for maintenance purpose through software modification and enhancement after completion of warranty period. Otherwise, it is not easy to keep up with the customer's requirement of demanding supplier's exclusive information because it is considered as intellectual property rights of supplier as software developer. Therefore, the main contractor(normally called as Car-builder) need to introduce software Escrow service in order to coordinate the different a standpoint between software developer and end-user. Software Escrow is a legal arrangement in which an software Escrow packages (software source code, software development tool, build process, proprietary information, copyright and etc.) is deposited into and Escrow account under the trust of a reliable third party (Escrow agent) depending on mutual agreement on Escrow contract condition as signing off Escrow agreement document. This paper deals with the study on the detailed procedure about the following general category of Escrow procedure and purpose to apply this specific procedure of Escrow into the future project onward.

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The Effect of Accounts Receivable Management on Business Performance & Organizational Satisfaction: Focused on Micro Manufacturing Industries (매출채권관리가 재무적 경영성과와 조직만족에 미치는 영향: 도시형소공인을 중심으로)

  • Lee, Jong Gab;Ha, Kyu Soo
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.12 no.6
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    • pp.13-24
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    • 2017
  • The purpose of this study is to examine the effect of the management of receivables on the management performance of micro manufacturing industries. The results of the survey are as follows. First, among the factors of management of pre- and post-trade receivables in the micro manufacturing industries, management organization and regulations, contract execution management, bad debt control, which are the subordinate factors of credit control, are positive (+) significant effect on stability. In terms of profitability, management organizations and regulations, which are subordinate factors of credit control management, have a positive (+) significant effect on profitability. The recovery management, which is a factor of management of post - receivable receivables, did not have a significant effect on the stability and profitability of financial management performance. Second, the effect of financial performance on organizational satisfaction is positively related to stability, while profitability has no significant effect on organizational satisfaction. The implication of this study is that pre - trade receivables management is more important than post - trade receivables management in the management of accounts receivables of micro manufacturing industries. Proactive credit management refers to the procedure of establishing and managing personal guarantees and physical guarantees in order to smooth the execution of the obligations at the same time as the contract is concluded through processes such as credit investigation, analysis and evaluation, and sales decision before the contract is concluded. Post receivables management based on the assumption of default is a receivables management procedure from receipt of receivables that are already defaulted to bad debts to bad debt processing. If the collection of receivables is delayed or bad debt is increased, Furthermore, a corporation may be subject to bankruptcy risk (insolvency by paper profits). Therefore, it is meaningful that this study suggests direction to induce change of contract type in advance by understanding the possibility of settlement of accounts receivable and recovery of bad debts within the day of transition in case of contract of micro manufacturing industries.

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A Study on Court Auction System using Ethereum-based Ether (이더리움 기반의 이더를 사용한 법원 경매 시스템에 관한 연구)

  • Kim, Hyo-Jong;Han, Kun-Hee;Shin, Seung-Soo
    • Journal of Convergence for Information Technology
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    • v.11 no.2
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    • pp.31-40
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    • 2021
  • Blockchain technology is also actively studied in the real estate transaction field, and real estate transactions have various ways. In this paper, we propose a model that simplifies the authentication procedure of auction systems using Ethereum's Ether to solve the problem of offline court auctions. The proposed model is written in Ethereum's Solidity language, the court registers the sale date and the sale date with the DApp browser, and the bidder accesses the address of the individual's wallet created through Metamask's private key. The bidder then selects the desired sale and enters the bid price amount to participate in the auction. The bidder's record of the highest bid price for the sale he wants is written on the Ethereum test network as a smart contract. and creates a block. Finally, smart contracts written on the network are distributed by the court auction manager to all nodes in the blockchain network, and each node in the blockchain network can be viewed and contract verified. As a result of analyzing the smart contracts of the proposed model and the performance of the system, there are fees incurred due to the creation and use of Ether on platforms using Ethereum, and participation. Ether's changes in value affect the price of the sale, resulting in inconsistent fees in smart contracts each time. However, in future work, we issue our own tokens to solve the market volatility problem and commission problem with the value change of Ether, and refine complex court auction systems.

A Study on the Relation of International Arbitration and Lex Abitri under Arbitration Act 1996 (1996년 영국중재법상 국제중재와 Lex Arbitri의 관계에 관한 연구)

  • HAN, Nak-Hyun;HUR, Yun-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.49-76
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    • 2017
  • Lex arbitri, a law that regulates arbitration procedures at arbitral seat, can be viewed as an additional procedural law. In addition, the lex arbitri refers to mandatory provision imposed by each country on arbitrators in their own territory. The reason is that the lex arbitri often relates to matters of public policy of the place of arbitration. In Korea, the LMAA terms is frequently mentioned in the shipping industry in Korea, and the LMAA terms clause is often set up in the contract between Korean companies. However, the study of the UK Arbitration Act 1996, which regulates the LMAA arbitration, is not so much in Korea. On the other hand, Lex Arbitri, a corporation that regulates mediation procedures in arbitration, can be viewed as an additional procedure. There may also be procedures that must be followed compulsorily by the Arbitration Act of Arbitration. The reason is that Lex Arbitri seems to be related to the public policy of the arbitration. Therefore, the arbitration law of the country of arbitration seat may be the most important regulations in relation to the legality of the arbitration procedure. If the proceedings of the arbitration violate the Lex Arbitri, the arbitral award may be nullified. The purpose of this study is to analyze the arbitration theory, international arbitration and Lex Arbitri, focusing on the UK Arbitration Act 1996.

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Creating of Standard Operating Procedures for Chronic Inhlation and Carcinogenicity Test (흡입노출에 의한 만성·발암성시험 표준작업지침서 작성 연구)

  • Rim, Kyung-Taek;Kim, Soo-Jin
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.24 no.4
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    • pp.578-586
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    • 2014
  • Objectives: There is a requirement to establish the standard operating procedures(SOPs) for chronic inhalation/carcinogenicity testing, so we would like to set them appropriately. Methods and Results: We established SOPs according to guidelines from international organizations such as OECD, the US EPA, and relevant institutions in advanced countries. We also benchmarked other contract research organizations(CROs) in Korea. Conclusions: We created appropriate SOPs for chronic inhalation/carcinogenicity testing.