• Title/Summary/Keyword: Contract standard

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A Study on the Time Series Analysis of the Actual Unit Cost based on the Bid Prices (시계열을 이용한 실적단가 예측방안에 관한 연구)

  • Park, Won-Young;Seo, Jong-Won;Kang, Sang-Hyeok;Choi, Bong-Joon
    • Korean Journal of Construction Engineering and Management
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    • v.10 no.4
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    • pp.50-57
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    • 2009
  • The Korea Standard of Estimate which has been used as the only basis of Cost estimate of public construction projects is failed to reflect the fluctuation of current construction cost. Therefore, the government decided to gradually introduce historical construction cost into cost estimate of public construction projects from 2004 and to reduce the use of Korean Standard of Estimate. This paper presents a series of process and the methodology for computing Actual Cost and analyzing the fluctuation patterns based on not only previous contract prices which made a successful bid but also all of the other bid prices. Also, this paper mainly handles a device for extracting strategic bid price such as low price bid for assuring reliable data and for predicting the construction cost which is built by Wavelet Analysis of Time series Analysis data and Neural Network. It is anticipated that the effective use of the proposed process for estimating actual unit cost would make the cost estimation more current and reasonable.

Developing the Ecological Performance Standard for Replaced Wetlands by Analyzing Reference Wetlands (표준습지 분석을 통한 대체습지의 생태 성능 기준 개발)

  • Koo, Bon-Hak;Jeong, Jin-Yong;Park, Mi-Ok
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.14 no.1
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    • pp.11-22
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    • 2011
  • This study was established to build and suggest the Ecological Performance Standards for replaced wetlands as the mitigation strategies for the construction projects. The request performance and assessment factors and standards were derived by bibliographic review and verified by the field survey for the reference wetlands. And the weights for each factor were derived by AHP(Analytical Hierarchy Process) method. The results are as follows : 1) Assessment factors were induced by in-depth research of many wetland assessment models and benchmarks evaluated ecological functions. This study proposed final 12 assessment factors through ecological specialist and experts interviews added with literature analysis. 2) 10 natural wetlands were selected as Reference Wetlands as the measure to propose assessment factors and assessment criteria. Those reference wetlands are well-conserved inland natural wetlands classified to the one having worthy to conserve (grade "high") according to RAM(Rapid Assessment Method). Reference wetlands chosen by the study are Parksilji, Jeongyangji, Mulkubi, Bawineupkubi, Jilnalneup, Jinchonneup, Doomoso, Haepyung wetland, Whangjeong wetland, and Whapo wetland. The research developed assessment criteria for the performance assessment factors based on several explorations of the reference wetlands. 3) "Requiring performance" of replaced wetlands is defined as "to carry out similar or same ecological functions provided by natural wetlands", in overall. The detailed requiring performances are as follows; ${\bullet}$ to play a role of wildlife habitats ${\bullet}$ to have biological diversity ${\bullet}$ to connect with other ecosystems ${\bullet}$ to provide water environment to perform good ecological functions 4) The assessment factors for required performance are categorized by wildlife habitat function, biological diversity, connectivity of adjacent ecosystem, and water environment. Wildlife habitat category is consisted of wildlife habitat creation, size of replacement wetland, and site suitability. Biological diversity category contains the number of plant species, the number of wildlife species, and number of protected species as the sub-factors. Connectivity of adjacent ecosystem is comprised of wildlife corridor, green network and distance from other ecosystem. Finally, water environment make up with water quality, depth of water body, and shape of waterfront. 5) Finally, every assessment factors were verified and weighted by the AHP methods and the final standards were proposed. The weights of factors of requiring performance suggested as habitat (0.280), connectivity (0.261), diversity (0.260), hydraulic environment (0.199). And those of detailed sub-factors are site suitability (0.118), protected species (0.096), distance to neighbor ecosystem (0.093), habitat creating (0.091), green corridor (0.090) etc.

A Study on the Liability for Third Party's Damage on the Time Charter-parties (정기용선계약에서 제3자 화물손해 책임에 관한 연구)

  • Shin, Hak-Sung
    • International Commerce and Information Review
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    • v.15 no.2
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    • pp.285-313
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    • 2013
  • By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

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Impacts of Increasing Volatility of Profitability on Investment Behavior (수익변동성 확대와 설비투자 위축)

  • LIM, Kyung-Mook
    • KDI Journal of Economic Policy
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    • v.30 no.1
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    • pp.1-31
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    • 2008
  • Various opinions have been suggested to explain the slump in equipment investment, such as increased government regulations, shareholder-oriented management by expanded foreign equity investment, response against M&A threats, conservative investment trends seen after a series of bankruptcy of large conglomerates (amidst crumbling myth of "Too Big to Fail"), and financial restructuring. Some also argued that the increased uncertainty in business environment is mainly responsible for conservative management, though there are few domestic studies made regarding the situation. But, in other countries, including the U.S., studies have shown that more volatility is seen now surrounding stock prices, profitability, and sales growth rate reflecting business performance. Also, there are other studies showing such expanded volatility have led to conservative management by businesses. In this regard, this study reviews the volatility conditions of business performance of Korean companies based on profitability, and then attempts to analyze the impact on investment brought on by increased volatility. Each company's profitability volatility used here is from the standard deviation of companies for the past five years. As a profitability indicator, the ROA (= operating profit/total asset) is used. According to the analysis, profitability volatility has remarkably increased from the mid 3% in 1994 to low 5% in 2005. Profitability volatility of the Korean companies has expanded to a great extent since the financial crisis. The crisis might have served to raise the volatility in the macroeconomic conditions. If increased volatility observed during the economic crisis had gradually declined after the crisis, the situation could be interpreted as a temporary phenomenon, not to be too concerned over. But, this was not the case for Korea. The volatility level, after the crisis, has not dropped back to its pre-crisis level. Hence, in the Korea's case, high volatility cannot be explained by the impact of financial crisis. Not only that, the fact that such expansion is seen in every industrial sector indicates that this phenomenon cannot be explained by the composition change of industries alone. An undergoing study shows that with a rapid spread of globalization, industries fiercely competing with China experience more volatility. Such increased volatility tends to contract investment, and since the crisis the impact of volatility on investment has slightly increased. It is noteworthy that this study only includes a part of 'uncertainty' that could be measured statistically. For instance, the profitability volatility indicator used in this study is unable to reflect all the effects that the tacit reduction of protection by the government or regulations might have made. So, the result here also indicates that other 'uncertain' factors not mentioned in this study may have served to contract investment sentiment. It would be impossible for policies to completely remove uncertainties measured by profitability volatility, but at least it is necessary to put effort to reduce the macroeconomic volatility in the future economic management. Stabilized macroeconomic management may not be enough to diminish all volatility that occurs within each company, but it would make a meaningful contribution in encouraging investment.

A Study on Time Charter Party For Offshore Service Vessels 2005 - Focusing the Dispute Resolution Clause - (2005년 해양플랜트 지원선박용 정기용선계약서에 관한 소고 - 분쟁해결약관을 중심으로 -)

  • Lee, Chang-Hee;Kim, Jin-Kwon
    • Journal of Navigation and Port Research
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    • v.38 no.1
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    • pp.81-87
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    • 2014
  • Today, it is a trend that the demand of offshore plants is constantly growing, along with the advances in technology which are thoroughly needed to the rise of international oil price as well as offshore energy development. In addition, The main sectors of ship building, sale & purchase and chartering market regarding various kind of offshore supporting vessels that supports the business of offshore energy development is now maintaining its steady growth. However, in domestic case, the contract of time charter occasions regarding the offshore support vessel are almost non-existing situation. Thus, the relevant practical study regarding to implementation of various kinds of legal disputes and applicable laws that can be properly applied in time charter and the field of sale & purchase needs to be conducted actively. Therefore, the concept of this study has included the wide comparisons of other special provisions with the existing time-charter by making its base on "Supply Time 2005" which is the worldwide standard form of time charter in offshore support vessel market and its investigation, aiming to provide practical guidance and procedure for implementation of arbitration and applicable law issues which can be applied in legal disputes between parties.

Legal approach on uniliteral changing membership in the airlines' frequent flyer program (항공사의 상용고객우대제도 변경에 관한 법적 고찰 - 미국 연방대법원의 Northwest, Inc. v. Ginsberg사례를 중심으로 -)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.65-94
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    • 2015
  • Since American Airlines launched AAdvantage which was the first Frequent Flyer Program in 1981, many people has accumulated mileage credits, and now, frequent flyer program(FFP) is the universal marketing tool to the airlines. These days, airlines establish a strategic alliance with domestic and foreign companies of various fields ; other airlines, travel agencies, car hire firms, hotels, department stores, even credit card companies. However, more people want to use their mileage credits, more airlines reject to approve that or change frequent flyer program against their customers. Last year, Northwest, Inc. v. Ginsberg, the United State Supreme Court made a decision that the preemption provision of Airlines Deregulation Act(ADA) preempts state laws related to rates, routes and services for air carriers including implied covenant of good faith and fare dealing. Thus, the claim of Ginsberg was canceled, it means that Northwest Inc. could terminated one-sidedly his membership in the frequent flyer program. In the contrast, Korea does not have the statute like ADA. If customers file a claim on FFP like Ginsberg, the courts of Korea judge whether the clauses of standard form contract are unfair or not. Therefore, in this article, Ginsberg would be checked on legal issues and be compared briefly with the courts' ruling in Korea.

The Effect and Countermeasures of the Vertical Track Settlement Caused by Expand and Contract Behavior of the High-Speed Railway Bridge Girder (고속철도 교량 바닥판의 온도신축작용이 궤도처짐에 미치는 영향과 대책에 관한 연구)

  • Kang, Kee Dong
    • Journal of Korean Society of Steel Construction
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    • v.17 no.6 s.79
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    • pp.673-679
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    • 2005
  • According to continuous welded rails on a bridge, temperature changes bring about the expansion of the bridge deck,adding axial forces on the track. Moreover, the ballast on the bridge deck expansion joint is moved due to the bridge deck. The longer the bridge deck is, the greater the influence will be, loosening the ballast, causing track irregularities, and deteriorating passenger comfort. Considering the structure of the bridge itself and tolerance for track irregularities caused by the loosened ballast on the bridge, the maximum length of the deck should be less than 80 m, which is the same as the standard of French railways. In this study, the interaction between the expansion related to the bridge length and the irregularity in the longitudinal level, referring to measurements and maintenance work performed in high-speed railways, was analyzed. This research shows that the installation of a sliding plate or a vertical ballast stopper is not a good option, since it is difficult. On the other hand, the installation of a ZLR fastener or gluing is easy, but its influence is insignificant. In conclusion, switch tie tamping or manual tamping is more effective than other methods of what?

Effects of variety, region and season on near infrared reflectance spectroscopic analysis of quality parameters in red wine grapes

  • Esler, Michael B.;Gishen, Mark;Francis, I.Leigh;Dambergs, Robert G.;Kambouris, Ambrosias;Cynkar, Wies U.;Boehm, David R.
    • Proceedings of the Korean Society of Near Infrared Spectroscopy Conference
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    • 2001.06a
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    • pp.1523-1523
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    • 2001
  • The wine industry requires practical methods for objectively measuring the composition of both red wine grapes on the vine to determine optimal harvest time; and of freshly harvested grapes for efficient allocation to vinery process streams for particular red wine products, and to determine payment of contract grapegrowers. To be practical for industry application these methods must be rapid, inexpensive and accurate. In most cases this restricts the analyses available to measurement of TSS (total soluble solids, predominantly sugars) by refractometry and pH by electropotentiometry. These two parameters, however, do not provide a comprehensive compositional characterization for the purpose of winemaking. The concentration of anthocyanin pigment in red wine grapes is an accepted indicator of potential wine quality and price. However, routine analysis for total anthocyanins is not considered as a practical option by the wider wine industry because of the high cost and slow turnaround time of this multi-step wet chemical laboratory analysis. Recent work by this ${group}^{l,2}$ has established the capability of near infrared (NIR) spectroscopy to provide rapid, accurate and simultaneous measurement of total anthocyanins, TSS and pH in red wine grapes. The analyses may be carried out equally well using either research grade scanning spectrometers or much simpler reduced spectral range portable diode-array based instrumentation. We have recently expanded on this work by collecting thousands of red wine grape samples in Australia. The sample set spans two vintages (1999 and 2000), five distinct geographical winegrowing regions and three main red wine grape varieties used in Australia (Cabernet Sauvignon, Shiraz and Merlot). Homogenized grape samples were scanned in diffuse reflectance mode on a FOSE NIR Systems6500 spectrometer and subject to laboratory analysis by the traditional methods for total anthocyanins, TSS and pH. We report here an analysis of the correlations between the NIR spectra and the laboratory data using standard chemometric algorithms within The Unscrambler software package. In particular, various subsets of the total data set are considered in turn to elucidate the effects of vintage, geographical area and grape variety on the measurement of grape composition by NIR spectroscopy. The relative ability of discrete calibrations to predict within and across these differences is considered. The results are then used to propose an optimal calibration strategy for red wine grape analysis.

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A Case Study on the Resolution of International Investment Disputes Caused by Aggravation of Political and Economic Situation of the Host State - Focusing on the case of CMS Gas Transmission Company v. Argentine Republic (투자유치국의 정치.경제상황 악화로 인한 국제투자분쟁의 해결에 관한 사례연구 -CMS Gas Transmission Company v. Argentine Republic 사건을 중심으로)

  • Oh, Won-Suk;Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.87-109
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    • 2007
  • This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

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Effects of Work Environment, Job Satisfaction, and Organizational Commitment on Turnover Intention of Clinical Research Coordinator Nurses (임상시험코디네이터 간호사의 근무환경, 직무만족, 조직몰입이 이직의도에 미치는 영향)

  • Kim, Seul Ki;Lim, Ji Young
    • The Journal of the Korea Contents Association
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    • v.18 no.5
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    • pp.175-190
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    • 2018
  • This was a descriptive study aiming to verify the effects of work environment, job satisfaction, and organizational commitment on the turnover intention of Clinical Research Coordinator(CRC) nurses. In the results of this study, the organizational commitment had significant effects on the turnover intention of CRC nurses. On the other hand, the work environment and job satisfaction had no statistically significant effects on the turnover intention of CRC nurses. Based on the results of this study, the main discussions were drawn as follows. In order to increase the organizational commitment, it would be necessary to have the institutional improvement like the increase of opportunity to participate in the hospital operation, administration, and the establishment of affiliated institution for improving a sense of belonging. It would be also necessary for each hospital to establish the standard of welfare, wage system for the improvement of work environment. If the organizational commitment of CRC nurses who are the actual performers, supporters of researches is ignored, it is unavoidable that the performance and quality of clinical tests would be declined. Therefore, there should be some changes, so that CRC nurses could play a pivotal role in the whole process of clinical test, by changing the employment status from contract position to more stable employment status, to increase their commitment to organization and work continuity.