• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.75
• /
• pp.49-69
• /
• 2017

Making a international contract of sale is not a simple work. International Trade parties(seller and buyer) may choose trade terms such as FOB or CIF to simplify their contracts and avoid misunderstanding of international commercial practice. Incoterms is the international rules for the interpretation of the trade terms, and firstly regulated by the ICC in 1936. The latest version is Incoterms 2010. Incoterms 2010 governs certain responsibilities between the seller and the buyer under the international contract of sale. Moreover, Incoterms 2010 provides the standard of division of costs relating to contract of carriage. But we should note that Incoterms 2010 is not the part of contract of carriage. The writer points out that there is no consistence principle in distributing the special costs under the contract of carriage like unloading cost from the transport vehicle. To avoid the dispute between the parties, it is more safe for international traders to fully and completely understand on the customs and practice of carriage of goods. Incoterms 2010 provides more detailed method of delivery of goods than CISG and RAFTD. Concerning the method of delivery of goods, CISG and RAFTD simply provide that the seller shall place the goods at the discharge of buyers. The writer suggests the basic principles to allocate the special costs of delivery of goods according to the trade terms under Incoterms 2010.

• Journal of Software Assessment and Valuation
• /
• v.17 no.1
• /
• pp.1-9
• /
• 2021

In disputes involving contracts for work, most issues boil down a single, most crucial, underlying question: whether the agreed work was completed. The same applies to software development services, which are usually usually provided under contracts for work. In disputes arising from software development contracts, appraisal is commonly used to determine the completeness of the software in question. However, it is often difficult to ensure the objectivity of the appraisal. This study examines past cases involving the determination of software completeness to identify the method used in each case. Then, based on the findings, this study identifies issues requiring improvements to ensure objective determination of completeness.

• Journal of the Korea Institute of Building Construction
• /
• v.6 no.3 s.21
• /
• pp.115-122
• /
• 2006

This study is aimed to get clear model for CM fee level in public construction project. For the practical use and main target, CM for fee contract only is assessed and analysed. Cost estimate by percentage of total contract sum and method based on the historical construction data have significant deficiency. An regression model and probabilistic model are suggested with 9 independent variables. In the case of limited work scope, an element based floor area model is suggested and concluded with fish-bone scheme.

• Architectural research
• /
• v.16 no.2
• /
• pp.75-80
• /
• 2014

Risks, uncertainties, and associated cost overruns are critical problems for construction projects. Cost contingency is an important funding source for these unforeseen events and is included in the base estimate to help perform financially successful projects. In order to predict more accurate contingency, many empirical models using regression analysis and artificial neural network method have been proposed and showed its viability to minimize prediction errors. However, categorical factors on contingency cannot have been treated and thus considered in these empirical models since those models are able to treat only numerical factors. This paper identified potential factors on contingency in transportation construction projects and evaluated categorical factors using the one-way ANOVA statistical method. Among factors including project work type, delivery method type, contract agreement type, bid award type, letting type, and geographical location, two factors of project work type and contract agreement type were found to be statistically important on allocating cost contingency.

• Korean Journal of Construction Engineering and Management
• /
• v.21 no.4
• /
• pp.82-89
• /
• 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.

• International conference on construction engineering and project management
• /
• 2009.05a
• /
• pp.1576-1581
• /
• 2009

The purpose of this study is to provide the problems of insurance system of maritime facilities(Gas Plant) in korea. In order to find out the problems of insurance system of construction work, the literature research and case study on the maritime facility construction are adopted as research method. And this study analyzed the construction cases of maritime facilities(Gas Plant) to which the national contract law was applied for the first time. The findings of this study are as follows: In the case analysis of 00 facility construction, the contractor pay additional insurance fees for the construction. And the regulations on insurance registration are not stated clearly relating to the enforcement ordinance of the national contract law.

• Journal of the Korean Society of Safety
• /
• v.30 no.3
• /
• pp.73-79
• /
• 2015

In consideration of current circumstances which management activities for safety performance on construction sites are mostly controlled by safety personnel, it is necessary to maintain qualified safety personnel those who are experienced and have adequate ability. This is a major factor in order to prevent any of work related incident in the construction site. However, the existing standard which enforces certain number of safety personnel in the construction site aligning with respective contract amount could lead to difficulties for proactive safety management. So, it is required to get improvement on the existing standard. In nominating the proper number of safety personnel, it would be more efficient to consider the level of risk for characteristic of work itself and the total number of manpower mobilized in respective construction work, rather than to follow the existing standard of manpower ratio as per the contract amount. Hence, this study aims to propose several plans which enable to improve the existing standard for assignment of safety personnel on construction sites.

• Korean Journal of Construction Engineering and Management
• /
• v.21 no.5
• /
• pp.3-10
• /
• 2020

Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

• Korean Journal of Community Nutrition
• /
• v.9 no.4
• /
• pp.519-527
• /
• 2004

This study was designed firstly to measure the job satisfaction (JS) levels of personnel engaged in contract food-service management company (CFMC), secondly to compare the job satisfaction levels by personal and company-related characteristics, and thirdly to identify the effects of JS facets on overall job satisfaction. Of 1135 respondents, there were 712 employees in the headquarters and 423 in the branch office. From an analysis on job satisfaction, overall job satisfaction level was 3.22 out of a maximum 5 and the co-worker (3.71) facet of JS was the highest job satisfaction followed by supervision (3.32), work itself (3.26), working condition (3.15), promotion (2.95) and payroll (2.74). In comparison of job satisfaction by personal characteristics, the personnel who were male (p < .01), had associate degrees (p < .01) or long-term careers in foodservice field (p < .05), or were regular employees (p < .01) perceived significantly higher than others for overall JS. In comparison of the job satisfaction by company-related characteristics, overall JS was significant by company scale (p < .01) and by work place (p < .05), but it was not significant by operating group. Finally, on the regression analysis for the effects of JS facets on overall JS, adjusted R2 was 0.534 (p < .001) and all six JS facets, especially payroll, had a positive effect on overall JS significantly (p < .001). Considering that the goal of enterprise on profit-making through customer satisfaction (CS) and the role of personnel on CS at moment of thrust (MOT), the findings confirmed the necessity for continuous internal marketing and human relation management focusing on the lower level of JS facets.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.246-249
• /
• 2003

we classified major changes into changes based on design deficiency, changes based on the different conditions between job site and contract documents, and changes based on the Owner's need. Then we compare and analyzed applicable regulations for supervision and work performance status at the site, and elicit problems of supervision performance based on mutual contradiction in regulations, bringing up a similar example. Based on the above, we brought up a way of improvement for the elicited problem, comparing and analyzing the laws/contract provisions/instructions related with the changes and the work performance at the jobsite, and verified through interviews with professionals of various fields for the improvement. Finally this study could elicit a way of improvement in the supervision work in conjunction with changes in civil works.