• Title/Summary/Keyword: Contract Regulations

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The Employment Issue and Qualifications for Arbitrators: A Comment on Jivraj v Hashwani [2011] UKSC 40 (중재인의 근로자성과 자격요건 - 영국 대법원의 2011년 Jivraj v Hashwani 판결을 중심으로 -)

  • Kim, Young-Ju
    • Journal of Arbitration Studies
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    • v.26 no.1
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    • pp.29-51
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    • 2016
  • This paper reviews the Supreme Court decision of the United Kingdom in Jivraj v. Hashwani (2011) concerning the employment issue of arbitrators, falling within the exception of genuine occupational requirement under the Employment Equality (Religion or Belief) Regulations 2003, and nationality of arbitrators. In 2011, the Supreme Court of the United Kingdom delivered its judgment in Jivraj v. Hashwani, unanimously overturning decision of the English Court of Appeal. The facts of this case and the decision of the Court of Appeal have been widely discussed. The decision of the Supreme Court has been met with approval within the international arbitration community in London, having restored the legal position to that prior to the Court of Appeal's ruling. Thus, the Supreme Court unanimously overturned the Court of Appeal's finding that arbitrators are the employees of the arbitrating parties. Arbitrators were held to be genuinely self-employed, and therefore outside the scope of the Regulations or Equality Act(2010). As such, the anti-discrimination provisions are not applicable to the selection, engagement or appointment of arbitrators. Most importantly, the Supreme Court's finding that arbitrators are not employees removes the possibility of challenges to arbitration agreements on the grounds that they are in breach of the Equality Act. As a practical matter, parties no longer need to consider carving out nationality provisions when drafting arbitration agreements.

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 of the law-suit requesting the guarantee against defects in the Apartment Buildings (공동주택 하자보증금 청구소송의 연구)

  • Yoon, Hyung-In;Jo, Byung-Soo
    • Journal of the Korea Institute of Building Construction
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    • v.7 no.2 s.24
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    • pp.67-76
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    • 2007
  • The purpose of this study is to propose the efficient improvement in the lawsuit to request the guarantee against defect. This study points out several problems about related act and subordinate statue and judgement by analyzing the character of contract in apartment house, related laws and regulations, appraisals and judicial decisions. This study deduces the necessity of the establishment of the specification and the breakdown cost for repair and maintenance work to provide the standard for the detached judgement.

e-Learning 이용자 특성과 만족에 관한 연구

  • Moon Tae-Hyun
    • The Journal of Information Technology
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    • v.6 no.3
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    • pp.137-150
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    • 2003
  • Recently, developing information technology and increasing internet usage, e-Learning service industry is rapidly growing. However institutions and regulations related e-Learning service are insufficient. Users of e-Learning service were lower grade in school relatively, spent average 40,000won/month and used other private education service. Users answered that they were generally satisfied at e-Learning service but were not satisfied at e-Learning 'fee'and 'the contract process'. Specially, the result suggest that consumer's satisfaction is affect by experience of demage and complains related e-Learning usage.

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The Actions by Enterprise along the Reforming Construction Management Regulations (건설사업관리 제도개편에 따른 기업의 대응방안에 관한 연구 - 건설기술진흥법 시행과 관련하여 -)

  • Shin, Hyun-Jung;Shin, Kyoo-Chul
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2014.05a
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    • pp.54-55
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    • 2014
  • The structure of construction management service in the Construction Technology Management Act has changed recently. The new Construction Technology Promotion Act becomes effective to support and promote the development of related construction industries and construction technology for domestic and overseas markets. The purpose of research is to analyze the main contents of Construction Technology Promotion Act and to investigate corporate status, problems, and issues. The research is conducted to improve as reorganization of the CM service system based on the interviews with experts. Accordingly the research is to derive countermeasures of CM enterprises. The research results are presented in the following categories of contract awarding, project management, human resource management, general administration and staff education management as countermeasures of enterprises.

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A Case Study on Collaborative Activities for Newly Installation of an Engine in a Helicopter (헬기 엔진의 신규장착을 위한 지원 사례 연구)

  • Ahn, Ieeki;Kim, Jae-Hwan;Sung, Oksuk
    • Journal of Aerospace System Engineering
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    • v.8 no.2
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    • pp.27-32
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    • 2014
  • From the flight safety and the performance point of views, a new engine installation impacts an helicopter development or upgrade program significantly. More than a close relationship between an aircraft manufacturer and an engine manufacturer is necessary for the best integration work from the program initiation phase. In this paper, technical cooperation between aircraft and engine companies, and technical supports by the engine manufacturer for the T700/701K engine during the Surion development program are summarized. The applications of official technical program documents, US Mil-spec, France airworthiness regulations as the standard of the engine installation work, and engineering activities at each phase such as contract, design and manufacturing, flight clearance, ground and flight tests are described. This paper would be a cornerstone for the future domestic helicopter development program.

A Study on the Actual Problems of Field Fire Supervision System(Focus to Dajeon City) (상주 소방감리업무의 현실적 문제점에 대한 연구 -대전지역을 중심으로-)

  • Choi, Man-Chul;Kim, Byung-Suk
    • Journal of the Korea Safety Management & Science
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    • v.13 no.1
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    • pp.31-39
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    • 2011
  • In this study, supervision resides fire mission against problems associated with case studies and surveys done through the side of the field work, technical personnel, fire management, including fire code aspects classified into three kinds of items dealt with the issue. Started at the scene of the problem in terms of performance, the issue of the construction process, mainly dealt with the issue at the time of completion. Fire management side, supervisor of technical personnel, human resources management issues, contract issues, fire code level, the frequent revisions of fire regulations, supervision, processing delays of the resulting report, the problem resides with the expansion of Fire Supervision target was mentioned. Finally, the target for each hierarchical supervision, and resident supervisor of the need for supervision of work performance test was carried out by the correlation.

A Study on the Researcher's Perception Survey for Facilitating International Joint Research

  • Noh, Younghee;Shin, Youngji
    • International Journal of Knowledge Content Development & Technology
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    • v.9 no.3
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    • pp.75-101
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    • 2019
  • In this study, we wanted to investigate and analyze the current status of international joint research conducted on researchers who have actually conducted or are doing international joint research and to identify difficulties in promoting international joint research based on this study and propose ways to promote future international joint research. As a result, autonomy of research subjects needs to be guaranteed for the revitalization of international joint research, establishment of international joint research guidelines and contract legal infrastructure, simplification and unification of administrative work system and supplementation of performance-related regulations will be necessary.

Factors That Affect Project Time and Cost Performance during Highway Construction Using Incentive/Disincentive Provisions

  • Pyeon, Jae-Ho;Park, Moonseo;Jung, Sangsun;Park, Taeho
    • Land and Housing Review
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    • v.11 no.4
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    • pp.115-124
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    • 2020
  • Incentive/Disincentive (I/D) contract is designed for minimizing any disruption of traffic flow in road construction projects. I/D contracting projects have been evaluated with regard to time and cost performance in various states, more than 35 states. However, construction project managers and planners have little understanding of the project factors that affect the project time and cost performance of highway construction projects using I/D regulations. Therefore, the purpose of this research is to find factors that affect I/D project success or failure to improve the decision-making process for the implementation of I/D projects. In order to achieve the objectives of this research, the researchers collected I/D road construction project data from FDOT and performed evaluation for each collected project. Then, project data analysis to identify key factors that affect I/D project performance was performed. In conclusion, five significant factors for project time performance and six significant factors for project cost perfornace were identified and summarized.

A Study on the Relevance of Risk Transfer and the conformity of goods in Trade Transactions (무역거래상의 리스크이전과 물품의 계약적합성에 관한 연구)

  • Chung, Jae-Hwan
    • Korea Trade Review
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    • v.44 no.2
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    • pp.159-172
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    • 2019
  • An important issue in trade transactions is risk management. Trading partners focus on how to recognize risks and how to address these areas. This article discusses whether the quality of a substantial period of time remains appropriate to the contract even after the risk has been transferred. If the contracted product is not delivered, then the risk is not transferred because it does not fulfill the obligations of delivery. In order to prevent such risks, the Seller must regard the quality of the goods of their fulfillment and provide them to the Buyer in detail. In addition, it is necessary to carry out several times of transportation or insurances of insurance according to the transaction conditions. Commercial practice comes from repetitive trading activities over many years. I think it is constantly changing as the transaction continues. Changes in the way of international commerce always create new orders and regulations. We need to keep a close eye on them.