• 한국식품조리과학회지
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• 제18권5호
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• pp.495-504
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• 2002

With the rapid growth of high-school food service in a short period as a result of the extensive implementation of school service, contract food service as well as the use of pre-prepared food ingredients has been increased. The purpose of this study was to evaluate the time required in various phases of product flow, temperature, pH, Aw, microbiological quality of foods served in high school in Seoul area and to analyze the hazardous factors to find out efficient control methods. Comparison was made between the schools using prepared food and raw materials in terms of microbiological quality. However, no distinguishable difference in the quality of foods was found between them. Therefore, the use of prepared food seemed no impose more hazard than using raw materials.

• 대한안전경영과학회:학술대회논문집
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• 대한안전경영과학회 2012년 춘계학술대회
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• pp.371-380
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• 2012

Although all costs concerned in transportation be separated by region and each terms and conditions of Incoterms that state cleary them who have to pay the charges. But, almost lcl exporters donot want to pay their charges the carriers at loading port eventhough they make the contracts with the importer as FOB and CFR of Incoterms. And the carrier have been do not bill the FOB charges to the shipper. Now, there are no more Incoterms in LCL transportation. So, the importer have been payed loading port charges twice, first, the contract with the shipper, secondly, through the destination charge. These problems make decreasing of trading volume and increasing of logistics costs. We suggest every traders and carriers separate the costs as per the price terms and conditions of incoterms and bill/receive the costs separated the trader who have to pay the charges as per their price terms. It will bring mutual success in the world and increasing trade.

• 한국중재학회지:중재연구
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• 제24권4호
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• pp.147-175
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• 2014

In contracts for the international sale of goods, a seller must deliver appropriate goods and hand over relevant documents according to a contract, which will transfer the ownership of the goods to a buyer. In this case, if there are defects in the contracted goods, the warranty liability will occur. However, in the United Nations Convention on Contracts for the International Sale of Goods (CISG), a term-the conformity of the goods to the contract-is used universally instead of the warranty. According to the CISG, a seller must deliver goods in conformance with the relevant contract in terms of quantity, quality, and specifications, and they must be contained in vessels or in packages according to the specifications in the contract. In addition, a certain set of requirements for conformity will be applied implicitly except when there is a separate agreement between parties. Further, the base period of conformity concerning the defects of goods is the point when the risk is transferred to the buyer. A seller shall be obliged to deliver goods that do not belong to a third party or subject to a claim then, and such obligations shall affect the right or claim of a third party to some extent based on intellectual property rights clauses. If the goods delivered by the seller lack conformity, or incur right infringement or claim of a third party, then it shall be regarded as a default item per the obligation of the seller. Thus, the buyer can exercise diverse means of relief as specified in Chapter 2, Section 3 (Article 45-Article 52) of the CISG. However, such means of relief have been utilized in various ways for individual cases as shown in judicial precedents made until now. Contracting parties shall thus keep in mind that it is best for them to make every contract airtight and they should implement each contract thoroughly and faithfully to cope with any possible occurrence of a commercial dispute.

• 산경연구논집
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• 제10권8호
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• pp.45-53
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• 2019

Purpose - The purpose of this study was to clarify the factors to make an exclusive importation contract between foreign fashion brands and local retailers for successful business in Korea. Even though imported fashion brand market shows stead increasing in terms of sales amount, the number of store related study was very rare in fact. Meanwhile, as long as this business is glowing a lot of brands are suffering from bad business performance or getting in ruins thus these problems result in foreign currency loss. The local marketers therefore, strongly expect to know the solution for this matter. Research design, data, and methodology - For the qualitative research, 10 experts who are operating foreign brands with an exclusive contract at a department store or at duty free shop now and who had at least over 10 years of related working experience were included. The factors for the exclusive importation contract with foreign brands were drawn up through the one-to-one in-depth interview method from September 3, 2017 to January 15, 2018. The expert group for the validity analysis includes 2 professors and 5 postgraduate students. Results - As a result of qualitative study on the factors for imported fashion brand's launching with the exclusive importation contract, it turned out that there were 5 factors - safety, profitability, reliability, speed and global retailing. Safety, profitability, and reliability have been mentioned in most related surveys but some details are added and speed and global retailing have been newly highlighted and many unknown legal issues that it was not easy to get form common academic research are included. Speed simply means quick lead time and global retailing means stores where located in other countries. Conclusions - The reason that qualitative research should be done before the quantitative research is due to the scant theoretical background for this matter. Because the market of an imported fashion brand is steadily increasing, determining the factors to make exclusive importation contract is very meaningful from the point of academic and business. After this study, many marketers may get basic conditions to apply for real business and I hope the following quantitative research will give more effective results. The next study also will have extended range concerning industry area, product and distribution channel.

• 통상정보연구
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• 제13권3호
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• pp.459-485
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• 2011

본 연구는 매도인의 서류교부의무에 관하여 규정하고 있는 CISG의 제30조와 34조의 내용을 무역관습인 Incoterms 및 신용장통일규칙(UCP)과 관련하여 해석하고, 서류교부의무의 위반이 매수인에게 어떤 법적 구제권을 부여하는지를 규명한다. CISG는 제 30조와 34조에 매도인의 서류교부의무에 관한 규정을 두고 있으나 서류의 종류, 서류교부 시기, 장소, 형식 등에 대해서는 별도로 규율하지 않고 계약 및 관습(usage)에 의존하고 있다. 이에 따라 계약에 명시적인 규정이 없는 경우 Incoterms와 신용장통일규칙이 협약을 보완하여 적용된다. 매도인이 계약에 적합한 서류를 정해진 시기, 장소, 형식에 따라 교부할 의무를 이행하지 않는 경우 협약의 제45조에 의해 이행청구권, 계약해제권 및 손해배상청구권 등의 구제권이 매수인에게 부여된다. 그러나 계약해제권의 경우 협약이 계약의 유지를 기본 정신으로 하고 있으므로 매우 제한적으로 인정되는 경향이 있다.

• 통상정보연구
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• 제13권1호
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• pp.197-216
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• 2011

정보기술의 발달은 상거래 분야에서 인간이 아닌 기계 장치 소프트웨어 간의 거래가 이루어지도록 하였다. 이는 자율성이나 대화성 등의 능력을 갖추고 대리인의 기능을 하고 있다. 또한 기술이 발달함에 따라 이의 역할은 더욱더 확대될 것으로 예측된다. 그러나 그럼에도 불구하고 전자대리인에 대한 법적 지위에 대해서는 지금까지도 논란이 지속되고 있다. 특히 상거래에 있어서는 계약의 유효성과 귀속의 문제 등이 발생한다. 따라서 본 논문은 이러한 문제를 해결하기 위해 두 가지 제안을 하고 있다. 첫째, 법규의 제정과 보완이다. 전자대리인에 의해 이루어지는 전자적 의사표시의 성립과 효력 등의 내용을 민법에 수용하여 이에 대한 규정을 두고 귀속의 문제에 대해 전자대리인을 장기적으로 대리법적 접근 방법을 취하여 이에 대한 책임문제를 본인에게 귀속시켜야 한다. 둘째, 실무적 측면에서 쇼핑몰과 같은 웹사이트를 운영하는데 있어 거래와 계약의 효력에 대해 일반 협정조건을 제공하여 사용자로 하여금 계약에 구속됨을 명시할 수 있어야 한다.

• 무역상무연구
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• 제61권
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• pp.57-90
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• 2014

International sales contract, in general, is concluded through the exchange of written forms which contain each of their own business terms and conditions among the contractual parties. To illustrate, A sends the other an offer on A's general terms and conditions of business and B accepts the offer subject to the use of B's own general terms and conditions. Where the two sets of terms and conditions do not coincide, the question may arise whether the parties(A and B) have contracted and, if so, whose general terms and conditions apply. This situation is referred to as "the battle of forms". This article would try to make, in terms of the battle of forms, a comparison between the classical perspectives and opinions which are based on the principle of the English Common Law and the modernistic perspectives and opinions which are applied to the provisions in the UCC, CISG, and PICC. Therefore, the aim of this article is to provide the increase self-consciousness with respect to the battle of forms between the contractual parties that may frequently happen in the international business transactions and will pave the way for further research in the future.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.291-319
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• 2004

The seller may take a warranty with respect to the goods. If they are not as warranted, they may be held liable for the breach of warranty. Even when they has not made a warranty, the law will in some instances hold them responsible as though they had made a warranty. An express warranty is a part the basis for the sale. That is, the buyer has purchased the goods on the reasonable assumption that they were as stated by the seller. When the buyer intends to use the goods for a particular or usual purpose, as contrasted with the ordinary use for which they are customarily sold, the seller makes an implied warranty that the goods will be fit for the purpose when the buyer relies on the seller's skill or judgment to select or furnish suitable goods, and when the seller at the time of contracting knows or has reason to know the buyer's particular purpose and his reliance on the seller's judgment. A merchant seller who makes a sale of goods in which he customarily deals makes an implied warranty of merchantability. The Uniform Commercial Code expressly abolishes the requirement a privies to a limited extent by permitting a suit for breach of warranty to be brought against the seller by members of the buyer's family, his household, and his guests, with respect to personal injury sustained by them. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement. At common law the rule was that only the parties to a transaction had my rights relating to it. Accordingly, the buyer could sue his immediate seller for breach of warranties. The rule was stated in the terms that there could be no suit for breach of warranty unless there was a privies of contract. The code expressly abolishes the requirement of privies to a limited extent by permitting a suit for breach of warranty to be bought against the seller by members of the buyer. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement.

• 유통과학연구
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• 제14권5호
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• pp.91-96
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• 2016

Purpose - Although various studies have been conducted on the stress of service employees, there are still lack of studies regarding job stress and job satisfaction of call center workers. Especially there are quite few studies on the job stress according to employment type. This study focused on job stress and job satisfaction for call center employees and the correlation between the two factors and aimed to provide basic materials for seeking for the plans to reduce job stress and improve job satisfaction. Research design, data, and methodology - Frequency, percentage, and mean value were calculated through descriptive statistics in order to find out demographic characteristics, level of job stress, and job satisfaction. Differences in job stress according to employment type were calculated by using one-way ANOVA. Correlation between job stress and job satisfaction were identified through empirical analysis with Pearson's correlation coefficient. 150 materials were used for final analysis. The collected materials were analyzed to get statistics by using SPSS 20. Results - First, as for the job stress of call center workers, overall mean value was 2.54 in 4-point scales. Among the six sub-factors, job demands had the highest score, which was 2.67. Second, as for the job stress according to employment type, others showed higher score than mean value followed by contract job and full-time job in that order, in terms of job insecurity and organizational system. In terms of inappropriate remuneration, contract job showed higher score than mean value followed by others and full-time job. Third, as for the satisfaction with job, the mean value was 2.37 in 4-point scale and "very much satisfied" was only 3.3%. Lastly, in terms of job stress and job satisfaction, all sub-factors except for job demands showed significant correlation. The more job stress increased, the more job satisfaction decreased. Conclusions - First, as a result of analyzing job stress according to the employment type of call center workers, job stress increased more when the employment type was not full-time. Therefore, it was assumed that self-rescue efforts should be followed for effective employment management of call center business where contract employment takes most part as well as efforts to transfer them to full-time job. Second, decrease in job satisfaction of call center workers may affect the performance of an organization as well as service quality of the company providing the service. Therefore, various supports are required to decrease job stress and increase job satisfaction for call center workers through the expansion of rest area or break time. Third, I could recognize that there were lack of academic research on call center business in the whole service industry. Therefore, further research should be conducted more actively in the future. In particular, this study has special significance in the aspect that there were few studies on the job stress of call center workers according to employment type.

• 한국콘텐츠학회논문지
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• 제21권3호
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• pp.626-633
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• 2021

주택도시보증공사는 주택분양보증 사고발생시 환급이행을 신청할 경우 분양계약자에게 특별한 사정이 없는 한 입주금을 환급하여 보증 책임을 부담한다. 주택도시보증공사는 환급이행을 약관규제법에 근거하여 거절할 수 있으나 이와 관련하여 이해 당사자 간에 분쟁이 지속적으로 발생되고 있다. 이에 환급이행에 따른 법적쟁점에 대한 문제점과 개선방안을 연구하는 것을 목적으로 한다. 첫째, 약관규제법상 보증효력 및 보증범위의 문제 둘째, 주택도시보증공사의 조건부 제3자를 위한 보증계약의 문제 셋째, 대법원의 기존 판례의 태도의 문제점을 대상으로 검토하였다. 이런 법적 쟁점들을 검토한 결과 환급이행에 따른 약관해석은 신의 성실의 원칙에 따라 해석되어지고 있으나 개별 사안에 따라 판례들이 긍정과 부정 판결로 갈라질 수 있음을 확인하였다. 또한 주택분양보증은 조건부 제3자를 위한 보증계약임에도 불구하고, 이해 당사자와 같은 적극적 다툼으로 수분양자가 선의의 피해를 보는 것을 확인하였다. 이에 주택도시보증공사가 고객의 주거안정을 위한 설립취지에 맞도록 역할과 협력사항의 개선방안을 제안하였다.