• Title/Summary/Keyword: Contract Regulations

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Supply Chain Coordination Under the Cap-and-trade Emissions Regulation (탄소배출권거래제도에서의 공급망 조정 모형)

  • Min, Daiki
    • Journal of Korean Institute of Industrial Engineers
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    • v.41 no.3
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    • pp.243-252
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    • 2015
  • This paper considers a supply chain consisting of a manufacturer under the cap-and-trade emissions regulation and a permit supplier. We study joint production quantity and investment in reducing permit production cost decisions for centralized and decentralized supply chains. We formulate two supply chain contracts with aims to coordinate the decentralized supply chain; wholesale price contract and cost-sharing contract. Under the cost-sharing contract, the manufacturer shares a part of the investment in reducing permit production cost and then is allowed to purchase emission permit at a lower price. We analytically find that the proposed cost-sharing contract with reasonable parameters can coordinate the supply chain whereas the wholesale price contract is not desirable to achieve the system-wide profit. Numerical example is followed to support the analysis.

Interpretation Principle of Construction Contract for harmonious Management of Construction Work (건설공사의 원활한 관리를 위한 공사계약의 해석방향 -판례 및 중재판정을 중심으로-)

  • Doo Sung-Kyu
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.31-36
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    • 2001
  • Construction contract have great possibility of dispute between contract parties because of long term performance of contract, various participation of the person concerned, effect according to external environment, etc. It is needed correct comprehension and construction management because good reason of claims depends upon contract document or clauses of the related laws and regulations in cases. The purpose of this study is to suggest desirable Interpretation principle for the harmonious management of the construction work in the cases or arbitration adjudication.

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A Comparative Study on the Construction Contract Method of Korea and China (한국과 중국의 건설 계약 방식 비교연구)

  • Jang, Ryu-Wee;Lee, Yoon-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.662-665
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    • 2007
  • There are many contract patterns in the international construction market, such as CM, EPC, PM and so on. To be geared to international standards, the Construction Ministry of P.R.C improved the laws and regulations related to the construction contract. Therefore, some international contract patterns are available in China now, but the application of the international contract patterns is still in the early stage, At the same time South Korea has made a great achievement to use the international contract patterns in the practical projects. This pater carried out a study to identify differences of construction contract patterns between these Chinese construction market and Korean construction market, and to learn from each other to gain more experiences.

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A Study on Improvement of Contract Regulations for Adjusting Contract Amount in Public Construction - Focused on examples of price fluctuation classification - (공공건설 계약금액 조정의 계약예규 개선방안 연구 - 물가변동 분류 사례 중심으로 -)

  • Lee, Wonjei;Shin, Manjoong
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.4
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    • pp.82-89
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    • 2020
  • Article 64 of the Enforcement Decree of the National Contract Act The requirement of the pre-amendment statute related to the adjustment of the contract price was 5% or more of the price fluctuation rate from the date of the contract. However, the meeting requirement was changed from 5% or more to 3% or more from the date of signing of the Presidential Decree No. 19035 to 2005. 9. 8. The method of adjusting the contract amount was also changed to determine the contractor's desired adjustment method at the time of contract. Alleviating these requirements and revising the empowerment of contract partners is intended to prevent difficulties in achieving smooth objectives by applying to public construction contractors without unfairly benefiting or unfavorable to contract partners. Even if the standards are relaxed and the rights are secured as described above, if the existing provisions for the adjustment of price fluctuation are applied, unlike the original purpose of the government system, the Korea Bank's price economic statistics classification method and the contract construction classification criteria applied in public construction work Due to the inconsistency, it can be seen that the amount of adjustment for price fluctuation by construction type is excessive and underestimated. Therefore, the purpose of this study is to analyze problems through cases and to make appropriate construction cost adjustment through improvement measures.

A Study on Insurance Documents and Mortgages of UCP600 (UCP600 보험서류 및 담보조항의 개선방안에 관한 연구)

  • Jeong, Boon-Do
    • International Commerce and Information Review
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    • v.11 no.2
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    • pp.27-47
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    • 2009
  • This study aims to present definite directions on practical insurance business and letter of credits through an analysis centering on each section of Article 28 of UCP600. Accordingly, we sought adefinite understanding of regulations on insurance documents and present things to be improved. And we speculate the issues on insurance documents focusing on excessive involvement of insurance in banking according to the convention of insurance business, each mortgage having liability according to contract based on the regulations on acceptance of collective insurance documents, problems in acceptance of expiry date recorded in insurance documents and alternatives. This study focuses on activation of insurance documents as contract documents of marine insurance, aiming to present interpretational base in a practical view rather than technological directions.

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An Analysis on Contract and Business Issues of SI Projects (SI 프로젝트 계약 및 수행 개선 이슈 분석)

  • Kim, Hyun-Soo
    • Journal of Information Technology Services
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    • v.2 no.1
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    • pp.35-49
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    • 2003
  • SI(System Integration) Projects need more efficient project processes. Having efficient contracting laws and regulations is one of the critical success factors for SI industry growth. Former researches developed a framework for efficient contracting laws and regulations for SI industry based on the characteristics of SI business and SI industry. However, the effectiveness of the proposed framework has not been analyzed. This paper tests the validity and effectiveness of the proposed framework. Emprical analysis has been performed to show consensus of each interested parties. Developers and outsourcers have some conflicts in several critical issues of SI project processes. However, comprehensive analysis shows overall consensus among interested parties.

Practical Reasonability for Introducing Separate Contract Award System Concerning Asbestos Removal (건축주가 직접 발주한 석면해체공사 도급의 타당성에 관한 연구)

  • Son, Ki-Sang;Gal, Won-Mo;Kim, Hyoung-Suk
    • Journal of the Korea Safety Management & Science
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    • v.13 no.2
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    • pp.259-266
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    • 2011
  • Project owner, asbestos removal specialist, experts on asbestos removal work, as counter parts to be defined in the study to make out research goals have been asked with questionnaire survey and replied with 65, 275, 32 cases, respectively. And additionally, direct interview 73 sheets have been collected to find out current status of required engineers and equipments assigned and provided to the field, from them, three(3) concerned parties. Questionnaire subjects are composed of common items, reasonable unit cost, need of separate contract-awarding system, status of performing standard contract, status of providing legal engineers and equipments. Concentrated review of two~three questions by subject has been made to find out and compare idea results between three(3) concerned parties. First, legal and practical work status survey have been made to determine reasonability of introducing separate contract-awarding system, as a part of ensuring reasonable unit work cost. And then, two different status have been compared and there is introduction possibility of separate contract-awarding system, it is found out. The possibility of separate contract also has been confirmed by comparison of domestic legal grounds. Justificating grounds to introduce separate contract-awarding system have been shown. Standard contract status between asbestos removal specialists has been compared using two cases of providing removal work contract and receiving it. It is shown that case of 50 percent or less contains 38.5% when they receive contract, but only 10 percent reduction of original contract amount has been made when they provide it. It means that asbestos removal specialists do not keep occupational safety and health regulations.

A Study on Licensor's Obligation of Providing Licensed Technology and Licensee's Obligation of Paying Royalty in International Technology Transfer Contract (국제기술이전계약에서 라이선서(Licensor)의 실시권 부여와 라이선시(Licensee)의 실시료 지급의무에 관한 연구)

  • Oh, Won Suk;Jeong, Hee Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.61
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    • pp.29-55
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    • 2014
  • Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

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A Study on the Passing of Risk in the United Nations Convention on Contracts for the International Sale of Goods & Incoterms(R) 2010 (국제물품매매계약에 관한 UN협약(CISG)과 Incoterms(R) 2010의 위험이전에 관한 연구)

  • Lim, Cheon-Hyeok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.31-48
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    • 2012
  • If see CISG's passing of risk and altered regulations first, when sales contract accompanies transport of goods and seller does not have duty to deliver goods at particular place, when deliver to the first carter to send to purchaser according to sales contract risk passes to purchaser, and when there is duty that seller must deliver goods to carter at specification place, when goods are delivered to carter at same place, risk does not pass to purchaser. Second, risk about transporting goods passes to purchaser at signing a contract. But, when there is special assessment, risk passes to purchaser when goods are delivered to carter who publish document that embody contract of carriage. Nevertheless, it is loss if seller did not notify this truth to occasion purchaser who could knew loss or damage of goods or know justly at sales contract conclusion defamation danger seller of be burdensome. Third, seller has responsibility about damage or loss as long as hide in own artificiality or forbearance after risk passes to purchaser. Regulation about risk in Incoterms 2010 was separated into 11 condition, and move time of risk differs in angle condition. It is appeared that the substance handles relatively comprehensively because compare in Incoterms 2010 although it is because it becomes if it examines regulation about deliver and passing of risk of goods setting in CISG relatively concise. Also, segments that can become posibility of analysis controversy exist.

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The Scope of Potential Duties for Environment Protection in the Regulation on the Exploitation for Polymetalic Nodules in the Area (심해저 망간단괴 생산규칙의 잠재적 환경보호 의무 범위에 관한 연구)

  • Kim, Jung-Eun;Park, Seong-Wook
    • Ocean and Polar Research
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    • v.37 no.1
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    • pp.81-90
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    • 2015
  • International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.