• Title/Summary/Keyword: Contract standard

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A Study on the U.S. Cases about the Transaction of Software (소프트웨어 거래의 UCC 제2편의 적용에 관한 연구 - 미국의 판례를 중심으로 -)

  • Kim, Jae-Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.7-25
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    • 2002
  • Owing to a tremendous progress of information technology we have faced a great change of a society. This change has happened to almost all of a society. As a result intangible goods are also included as a major concern in international trade. We may say U.S. is one of the countries transaction of software is the most flourishing. I have tried to classified the cases of software transaction in U.S. into five groups. As a result I have known the UCC had been applied to the almost transaction of standard software. However UCC had not been applied to custom software and data processing. In these days UCITA which is very similar to a previous proposal UCC 2B has been presented. This is a contract law that would apply to computer software, multimedia products, and databases. It has been designed to create a uniform commercial contract law for those products. Now therefore we should make observation of a tendency about transaction of software in U.S. The reason is that we pay attention to the symbol and dormant power of U.S. in international trade.

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A Study of Durability Design in the Subway Concrete Box Structure (지하철 콘크리트 BOX구조물의 내구성설계에 대한 연구)

  • Kwon Young-Chan;Kim Eun-Kyum
    • Proceedings of the KSR Conference
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    • 2004.10a
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    • pp.940-956
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    • 2004
  • In the course of studying the design of securing the 100-year-long durability of 100 years the subway structure according to the requested service by the Seoul Metropolitan Subway Construction Headquarters, we analyzed 14 construction sites adopting the durability design in subway line No. 9 and concluded as follows: 1. When comparing with 158, the environment index presented for securing 100-year-long durability of subway structure in subway line No. 9, the index of durability was verified as 159.7$\~$179.8 2. When examining the increase value of durability index, we verified that the constructors didn't make various choices in method but they employed the uniformly selected system. 3. Under consideration of the bid form, the construction under bid contract in bulk gave the impacts on the construction cost with attention to selection of the durability index, while the construction under alternative contract in bid adopted uniformly the standard presented by the ordering party.

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The impact of external workers on the employment performance (간접고용이 고용성과에 미치는 효과)

  • Lee, Si-Kyoon
    • Korean Journal of Labor Studies
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    • v.17 no.1
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    • pp.243-267
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    • 2011
  • This paper explores the impact of the external workers on employment performance in Korea, using Workplace Panel Survey (WPS). I find the use of external workers, e.g., temporary agency workers, in-subcontract workers, and contract workers, is mainly negatively related with employment performance. Especially the use of in-subcontract workers and contract workers is negatively related with the job creation rate of standard workers and the net growth rate of internal workers. The results show the existence of a substitute effect between the use of internal and external workers.

The Development of a Quality Measurement Tool for a Contract-Managed Hospital Foodservice (병원 위탁급식 품질관리를 위한 품질평가도구 개발)

  • 양일선;김현아;이영은;박문경;박수연
    • Korean Journal of Community Nutrition
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    • v.8 no.3
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    • pp.319-326
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    • 2003
  • The purposes of this study were: a) to develop the a quality measurement tool for the contract-managed hospital foodservice, and b) to evaluate their performance with the developed quality measurement tool, and c) to verify the reliability and validity of the quality measurement tool. The developed quality measurement tool comprised two parts, which were foodservice management and medical nutrition care service. The foodservice management part was classified into six functional categories which were Menu, Procurement and Storage, Production and Distribution, Facility and Utility, Sanitation and Safety, and Management and Evaluation. The medical nutrition care service part indicated the medical nutrition care provided. Quality measurement tool had 91 standards and 324 indicators. The quality measurement tools were distributed to the hospital foodservice manager employed by the foodservice company. The 324 indicators were measured by foodservice manager on the 5-Likert-type scales, and then adapted to a 100 point scale. The SPSS Ver. 11.0 was used for statistical analysis. The categories whose scores were evaluated as being high were Procurement', General Sanitation', Personal sanitation' and Waste' and the categories whose scores were evaluated as being low were Diet Order Manual', Standard Recipe', Appropriateness (Facility and Utility)', Check (Facility and Utility)'and Information Management'. All the categories of medical nutrition service were evaluated as having seriously low scores. Therefore, it was necessary for the contract-managed hospital foodservice to improve its performance in the area of medical nutrition care service. For the verification of the developed quality measurement tool, the reliability obtained by calculating Cronbach's α was 0.8747, and the content validity was also proved by scrutiny of the modification of the Professional group's techniques. (Korean J Community Nutrition 8(3) : 319∼326, 2003)

The Limitations against the Use of Surrender B/L under the International Banking Practice (국제은행관습상 Surrender B/L의 한계성에 관한 연구)

  • SEO, Jung-Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.201-220
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    • 2016
  • A bill of lading is a document which is signed by the carrier or his agent acknowledging that the goods have been shipped on board a named vessel bound for the destination and stating the terms on which the goods so received are to be carried. Therefore, the bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In the other words the bill of lading creates a privity between its holder and the carrier as if the contract was made. A bill of lading, for obtaining credit from banks, must appear to indicate the carrier's name and signature, the "shipped on board" notation, the port of loading and unloading stated in the sales contract and the credit. Data in the bill of lading, when read in context with the sales contract, the credit, the bill of lading itself and international standard banking practice, need not be identical to, but must not conflict with, data in that bill of lading, any other stipulated document, the sales contract or the credit. The surrender bill of lading, stamping "surrendered" on the original bill of lading by request of the shipper, is not recognized the legal effectiveness as a document of title by the statutory law and court. The surrender bill of lading may increase the risk of impossibility of payment to the holder. Therefore, the surrender bill of lading should be used restrictively between the credible parties and suggested to avoid in the other cases.

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A Study on the Improvement of Total Cost Change Control in Private Investment Projects (민간투자시설사업에 있어 총사업비 변경관리의 개선방안 연구 - 고속도로 민간투자시설사업을 중심으로)

  • Kim Se-Jong;Kim Yong-Su
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.119-126
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    • 2001
  • This paper analyzes problems related to total cost changes in private investment projects, and then proposes an improvement measure for the control of cost changes within the framework of the project management, contract, human resource, project communication, cost, and time management. From the viewpoint of contract management, the basis of cost change ought to be cleared up with standardization of related provisions in the concession agreement, and potentiality of change ought to be excluded with prescription of the private investor's leading role from the design phase. Regarding human resource management, this paper proposes a standard work flow granting much sovereign rights to private parts by putting restriction on work scopes of the entrusted authority of government, and transferring the rights of assignment, contract, and control about the responsible supervisor to the concessionaire. With regard to project communication management the notification of changes on drawings and technical documents ought to be automated and the realtime database ought to be established with DMIS (Drawings & Documents Management Information System). From the cost management point of view, this thesis integrates the control of cost-change-approved items and disapproved items to one cost breakdown system, and then harmonizes the actual progress with EVMS in time management.

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Risk Prediction Model of Legal Contract Based on Korean Machine Reading Comprehension (한국어 기계독해 기반 법률계약서 리스크 예측 모델)

  • Lee, Chi Hoon;Woo, Noh Ji;Jeong, Jae Hoon;Joo, Kyung Sik;Lee, Dong Hee
    • Journal of Information Technology Services
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    • v.20 no.1
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    • pp.131-143
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    • 2021
  • Commercial transactions, one of the pillars of the capitalist economy, are occurring countless times every day, especially small and medium-sized businesses. However, small and medium-sized enterprises are bound to be the legal underdogs in contracts for commercial transactions and do not receive legal support for contracts for fair and legitimate commercial transactions. When subcontracting contracts are concluded among small and medium-sized enterprises, 58.2% of them do not apply standard contracts and sign contracts that have not undergone legal review. In order to support small and medium-sized enterprises' fair and legitimate contracts, small and medium-sized enterprises can be protected from legal threats if they can reduce the risk of signing contracts by analyzing various risks in the contract and analyzing and informing them of toxic clauses and omitted contracts in advance. We propose a risk prediction model for the machine reading-based legal contract to minimize legal damage to small and medium-sized business owners in the legal blind spots. We have established our own set of legal questions and answers based on the legal data disclosed for the purpose of building a model specialized in legal contracts. Quantitative verification was carried out through indicators such as EM and F1 Score by applying pine tuning and hostile learning to pre-learned machine reading models. The highest F1 score was 87.93, with an EM value of 72.41.

Efficient Evaluation Method of Operation Cost for Wastewater Treatment Plant by BTL Contract Type (하수처리시설 BTL사업의 합리적인 운영비 산정방안)

  • Kang, Leen Seok;Yoon, Sun MI;Kwon, Joong Hee
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.29 no.5D
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    • pp.627-634
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    • 2009
  • The BTL (Build-Transfer-Lease) contract of construction project serves as a part for early establishment of industrial foundation for social overhead capital. However, project cost of BTL contract is focused on initial construction cost. Accordingly, operation cost is lowly evaluated because there is no standard criterion for estimating maintenance cost for the facility. The low operation cost can be a factor that reduces service quality of facility operation. This study suggests a resonable method for estimating cost and manpower in the operation phase by using the existing practical data for wastewater treatment plant by BTL contract. The results of the study can be used for evaluating rough operation cost and manpower of similar plant project by facility size.

The Legal nature of a contract for supply of a special purpose aircraft -The legitimacy of contract cancellation on the grounds that the performance specification is not satisfied in the purchase specification- (특수 항공기 공급계약의 법적 성질 - 구매규격서상 성능요건 미달을 이유로 한 계약해제의 정당성 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.37-72
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    • 2016
  • In the aerospace field, besides special purpose airplanes, contracts for supply of various types of products such as prototypes, unmanned aerial vehicles and space launch vehicles are increasing. In the case of the contractor, it was planned to spend a large amount of money to supply the production, but if the purchase specification that presents the quality and performance standard of the product is poor or lacks the capacity to judge the performance, consuming enormous amounts of time and money. Even if the undertaker does not have the ability to supply the products with the required performance and quality to achieve the purpose of the contract, he/she must pay the cost of burial due to the incompleteness of the work and the compensation for the cancellation of the contract. In this case, the defendant ordered the plaintiff to supply the aircraft by the Happy Box method, which is capable of ILS Offset flight as specified in the Purchase Specification, but the plaintiff attempted to supply the aircraft by the RNAV method. Although the ILS ground signal can be inspected by the RNAV method, the aircraft manufactured in the manner claimed by the plaintiff does not have the ILS Offset flight function required by the purchase specification, so the defendant can not achieve the purpose required by the purchase specification. It was a question of whether a defendant's cancellation of contract was legitimate. The aircraft, which is the object of this contract, is a subordinate substitute, so the case contract is of undertaking. Therefore, in order to complete the work in this contract, the major structural parts of the aircraft must be manufactured as agreed and have the performance generally required in the social sense. However, the aircraft delivered by the plaintiff has serious defects because the defendant can not achieve the purpose required by the purchase specification due to the lack of the ILS Offset flight function required by the purchase specification. This deficiency is impossible for the plaintiff to repair, so the defendant 's cancellation of the contract is legitimate.

Empirical Study for Financial Statements transfer by K-IFRS on the Insurance Company (보험회사 국제회계기준 적용에 따른 재무제표 전환의 실증연구)

  • Kim, Jong-Won
    • The Journal of the Korea Contents Association
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    • v.13 no.5
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    • pp.387-395
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    • 2013
  • Insurance accounting is the process of identifying, measuring, and communicating economic information to permit informed judgements and decisions by users of the insurance information. With the Korean-International Financial Reporting Standard(K-IFRS) on accounting for insurance contracts to be finalized by 2011 in Korea, the fair value accounting is expected to greatly affect the insurance industry in terms of insurance company' financial statements. This research analyzes the effect of financial statement as K-IFRS on the insurance accounting by comparing the financial statements of the listed company using past insurance accounting standard and the current K-IFRS standard. We analyzed the matched pair sample at loan amount, insurance contract debt, total assets amount, total debts amount, total capital amount in the financial statements of the listed 12 insurance company. We found that insurance contract debt, total assets amount, total debts amount, total capital amount are difference before and after K-IFRS applied insurance company.