• Proceedings of the Korean Institute of Building Construction Conference
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• 2019.05a
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• pp.80-81
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• 2019

Change requests occur persistently in the construction phase of a construction project. The law requires that the contract amount be adjusted in accordance with the relevant regulations when there is a change in the construction amount due to the design change in the construction contract. SAVE international, on the other hand, defines the value methodology as a systematic and structured approach to improving projects, products and processes. Design Changes in the construction projects require organizational efforts to improve value and quality. However, the law does not include change requests in which the VE object is fixed and related data is collected and function analysis can be derived in a short time. Therefore, it is necessary to apply VE to the design change procedure, which can further improve the value of construction work. The application derived from this study need to be presented as simply as possible without compromising the basic concept of VE. If the application is extended to the field and proved to be effective, it is expected to contribute to the overall value of construction work.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.55-78
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• 2011

This paper has derived some problems relating to the use of letters of intent which are common occurrence in the international contracts after considering its nature and legal issues. As reviewed before, some problems may occur when a party has documented a stage in the negotiations by letters of intent. Such documents may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the documents are silent, some problems would arise. Contracting parties are therefore well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, for example, by diminishing the value of performance under the contemplated contract.

• The Korean Journal of Franchise Management
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• v.9 no.1
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• pp.7-15
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• 2018

Purpose - The purpose of this study was to establish self sustainable win-win growth model for Korea franchise corporate sustainability and to suggest theoretical and practical implications for franchise management. Research design, data, and methodology - This study is based on literature review methodology. Result - The study suggested the ways of self sustainable win-win growth model for Korea franchise corporate sustainability. First, franchiors should strengthen requisite & specify in the contract, share information & strengthen transparency, and establish win-win management support system for control & autonomy balance. Second, franchises should develop CEO management competency & employee work competency, and establish recognition for Intellectual Property Rights Use. Third, franchisors and franchises should implement contract sincerely, strengthen Organizational Citizenship Behavior, and solve moral laxity. Forth, franchisors and franchises should establish trust and value with communication to make Creating Social Value. Fifth, franchisors and franchises should realize self sustainable social value for corporation and social community. To make this, franchsors and franchise should establish self sustainable win-win growth ecosystem with people, system, culture, innovation. Conclusions - First, Franchisors and franchises should distribute 'Self sustainable win-win growth 2025 for Korea franchise corporate sustainability' and 'Self sustainable win-win growth model for Korea franchise corporate sustainability'. Second, Franchisors and franchises should change their perspective about franchise industry. Third, Franchisors and franchises should develop various training and development plans for franchise industry. Fourth, Franchisors and franchises should establish franchise performance certificate system.

• Bulletin of the Korean Mathematical Society
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• v.58 no.2
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• pp.349-364
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• 2021

This paper studies the optimal surrender policies for a variable annuity (VA) contract with a surrender option and a fixed insurance fee for guaranteed minimum maturity benefits (GMMB). In our proposed model, a policyholder pays the fixed insurance fee. Based on the integral transform techniques, we derive the analytic integral equations for the optimal surrender boundary and the value function of the VA contract that can be solved numerically by recursive integration method. We provide numerical values for the value function, the optimal surrender boundary, and the expected optimal surrender time.

• International Journal of Highway Engineering
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• v.13 no.3
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• pp.65-73
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• 2011

Recently, researches to introduce the performance warranty contract are in progress for quality improvement of road pavements. The performance warranty contract is a type of contract in which contractors guarantee to maintain certain level of performance during a period from completion of construction. The contract use in Europe and the U.S is being increased because it has been known to contribute to improvement of structure quality, reduction of life cycle cost, development of construction techniques, and etc. The research on performance indicators, threshold values, and warranty durations is essential to effectively introduce the contract in Korea. In this study, literatures on the performance warranty contract for concrete pavements of the Minnesota, Indiana, and Florida of the U.S. were reviewed. Major distresses influencing the pavement performance were investigated and analyzed in the jointed concrete pavement sections of 21 Korean expressway routes to be compared to the performance indicators, threshold values, and warranty durations of the states. More accurate comparison is expected by investigation in planned sections for a long time.

• Journal of the Korean Society of Food Culture
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• v.24 no.1
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• pp.58-68
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• 2009

This study examines the impact of the perception that employees of contract foodservice management companies have of internal marketing on service quality. Questionnaires were delivered to 291 employees employed in foodservice management companies. High perception item of internal marketing was 'value of formula education program' (3.36 points), whereas 'adequate allowance disbursement' (2.62 points) and 'various vacation benefits' (2.66 points) scored low. High service quality items for customers were 'kindness to customers' (3.89 points) and 'willingness to help customers' (3.89 points), whereas 'comprehension of customers' special requests' (3.63 point) and ['meeting customer expectations'] (3.64 points) scored low. The internal marketing conceived by employees of contract foodservice management companies has a positive influence on service quality. The most influential internal marketing variable to affect service quality was 'communication' followed by 'education/environment' and 'fringe benefits/[decisive] delegation'.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.48-57
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• 2003

BAT Korea's Factory is the one of the major projects that clearly confirms and demonstrates that Construction Management (CM), provided by a Korean CM Company to the foreign clients, enables them to successfully complete projects; with savings in time and reduction in cost, which it is $15\%$ lower than the cost of the overseas construction. Also, throughout the thorough schedule management, it was possible to commence with manufacturing one month after the completion date. The Key Success Factors was generated by the excellent construction management skills, and more importantly by the confidence gained by the client in giving a CM company full authority for the construction management of the project. This study has focus on elements of construction management applied to this project throughout the concept of 'One Stop Shop', including cost managements, contract management and value engineering etc. We hope that this study will provide useful data to enable public clients to take advantages of construction management, in a similar way to. the private clients, who have already implemented CM actively.

• Asia pacific journal of information systems
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• v.24 no.3
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• pp.325-344
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• 2014

Technical support of Window XP ended in March, 8, 2014, and it makes OS(Operating System) users fall in a state of confusion. Sudden decision making of OS upgrade and replacement is not a simple problem. Firms need to change the long term capacity plan in enterprise IS management, but they are pressed for time and cost to complete it. Individuals can not help selecting the second best plan, because the following OSs of Window XP are below expectations in performances, new PC sales as the opportunities of OS upgrade decrease, and the potential risk of OS technical support ending had not announced to OS users at the point of purchase. Microsoft as the OS vendors had not presented precaution or remedy for this confusion. Rather, Microsoft announced that the technical support of the other following OSs of Wndow XP such as Window 7 would ended in two years. This conflict between OS vendor and OS users could not happen in one time, but could recur in recent future. Although studies on the ways of OS user protection policy would be needed to escape from this conflict, few prior studies had conducted this issue. This study had challenge to cautiously investigate in such OS user's reactions as the confirmation with OS user's expectation in the point of purchase, three types of justice perception on the treatment of OS vendor, psychological contract violation, satisfaction and the other betrayal behavioral intention in the case of Window XP technical support ending. By adopting the justice perception on this research, and by empirically validating the impact on OS user's reactions, I could suggest the direction of establishing OS user protection policy of OS vendor. Based on the expectation-confirmation theory, the theory of justice, literatures about psychological contract violation, and studies about consumer betrayal behaviors in the perspective of Herzberg(1968)'s dual factor theory, I developed the research model and hypothesis. Expectation-confirmation theory explain that consumers had expectation on the performance of product in the point of sale, and they could satisfied with their purchase behaviors, when the expectation could have confirmed in the point of consumption. The theory of justice in social exchange argues that treatee could be willing to accept the treatment by treater when the three types of justice as distributive, procedural, and interactional justice could be established in treatment. Literatures about psychological contract violation in human behaviors explains that contracter in a side could have the implied contract (also called 'psychological contract') which the contracter in the other side would sincerely execute the contract, and that they are willing to do vengeance behaviors when their contract had unfairly been broken. When the psychological contract of consumers had been broken, consumers feel distrust with the vendors and are willing to decrease such beneficial attitude and behavior as satisfaction, loyalty and repurchase intention. At the same time, consumers feel betrayal and are willing to increase such retributive attitude and behavior as negative word-of-mouth, complain to the vendors, complain to the third parties for consumer protection. We conducted a scenario survey in order to validate our research model at March, 2013, when is the point of news released firstly and when is the point of one year before the acture Window XP technical support ending. We collected the valid data from 238 voluntary participants who are the OS users but had not yet exposed the news of Window OSs technical support ending schedule. The subject had been allocated into two groups and one of two groups had been exposed this news. The data had been analyzed by the MANOVA and PLS. MANOVA results indicate that the OSs technical support ending could significantly decrease all three types of justice perception. PLS results indicated that it could significantly increase psychological contract violation and that this increased psychological contract violation could significantly reduce the trust and increase the perceived betrayal. Then, it could significantly reduce satisfaction, loyalty, and repurchase intention, and it also could significantly increase negative word-of-month intention, complain to the vendor intention, and complain to the third party intention. All hypothesis had been significantly approved. Consequently, OS users feel that the OSs technical support ending is not natural value added service ending, but the violation of the core OS purchase contract, that it could be the posteriori prohibition of OS user's OS usage right, and that it could induce the psychological contract violation of OS users. This study would contributions to introduce the psychological contract violation of the OS users from the OSs technical support ending in IS field, to introduce three types of justice as the antecedents of psychological contract violation, and to empirically validate the impact of psychological contract violation both on the beneficial and retributive behavioral intentions of OS users. For practice, the results of this study could contribute to make more comprehensive OS user protection policy and consumer relationship management practices of OS vendor.

• Journal of Korea Trade
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• v.25 no.7
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• pp.108-121
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• 2021

Purpose - This paper studies whether the CISG is applicable to the arbitration agreement when the validity of the arbitration agreement becomes an issue. To make the study clear, it limits the cases assuming that the governing law of the main contract is the CISG and the arbitration agreement is inserted in the main contract as a clause. Also, this paper discusses only substantive and formal validity of the arbitration agreement because the CISG does not cover the questions of the parties' capacity and arbitrability of the dispute. Design/methodology - This paper is based on scholarly writings and cases focusing on the principle of party autonomy, formation of contract and the doctrine of separability to discuss characteristic of arbitration agreement. In analyzing the cases, it concentrates on the facts and reasonings that show how the relative regulations and rules are interpreted and applied. Findings - The findings of this paper are; regarding substantive validity of arbitration agreement, the courts and arbitral tribunals consider general principles of law for the contract and the governing law for the main contract. In relation to formal validity of arbitration agreement, the law at the seat of arbitration or the law of the enforcing country are considered as the governing law in preference to the CISG because of the recognition and enforcement issues. Originality/value - This paper attempts to find the correlation between the CISG and the arbitration agreement. It studies scholars' writing and cases which have meaningful implication on this issue. By doing so, it can provide contracting parties and practitioners with some practical guidelines about the governing law for the arbitration agreement. Furthermore, it can help them to reduce unpredictability that they may confront regarding this issue in the future.

• Journal of Korea Trade
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• v.27 no.3
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• pp.43-64
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• 2023

Purpose - This paper studies whether CISG can be a suitable governing law for pure service contracts. When CISG was first drafted, there was little disagreement on the fact that contracts for the sale of goods and those for the provision of services were two different types of contract. Based on this understanding, CISG explicitly provides that the Convention will apply to contracts where the preponderant part of the contractual obligation is on the sale of goods, not services. However, as more sales transactions have come to include more elements of services, mainly due to the advancement of the IoT industry, the distinction between goods and services became more blurred. Based on the observation of recent changes, some scholars even argue that such a change supports the applicability and suitability of CISG to even pure service contracts. The purpose of this paper is to critically analyze and evaluate their argument. Design/methodology - This paper focuses on two separate but related issues: CISG's 'applicability' and 'suitability' to service contracts. For the first issue, this paper will examine the rules of interpretation of international treaties under the Vienna Convention on the Law of Treaties of 1969, and will apply its rules to find the proper answer. For the second issue, this paper will perform logical and empirical analyses on the reasoning employed by scholars claiming the suitability of CISG to service contracts. Findings - This paper concludes that CISG does not, and should not, apply to pure service contracts. The argument that CISG applies to pure service contracts directly contravenes Article 3(2) of the Convention, which expressly states that it does not apply to a contract wherein the preponderant part of its obligation is about services rather than sales. Similarly, CISG is not a suitable governing law for pure service contracts because it aims provide rules specifically tailored to the needs of transactions of sales of goods, not services. Servitization of sales of goods transaction does not change this conclusion. Originality/value - This paper presents different views from those offered by some eminent scholars on the issue of applicability and suitability of CISG to service contracts. By doing so, it is hoped that the confusion caused in discussions so far are clarified. Hopefully, this paper can also provide practical guidance to practitioners engaged in the fields of international sales, services, and IoT industries.