• 대한안전경영과학회지
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• 제13권2호
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• pp.259-266
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• 2011

Project owner, asbestos removal specialist, experts on asbestos removal work, as counter parts to be defined in the study to make out research goals have been asked with questionnaire survey and replied with 65, 275, 32 cases, respectively. And additionally, direct interview 73 sheets have been collected to find out current status of required engineers and equipments assigned and provided to the field, from them, three(3) concerned parties. Questionnaire subjects are composed of common items, reasonable unit cost, need of separate contract-awarding system, status of performing standard contract, status of providing legal engineers and equipments. Concentrated review of two~three questions by subject has been made to find out and compare idea results between three(3) concerned parties. First, legal and practical work status survey have been made to determine reasonability of introducing separate contract-awarding system, as a part of ensuring reasonable unit work cost. And then, two different status have been compared and there is introduction possibility of separate contract-awarding system, it is found out. The possibility of separate contract also has been confirmed by comparison of domestic legal grounds. Justificating grounds to introduce separate contract-awarding system have been shown. Standard contract status between asbestos removal specialists has been compared using two cases of providing removal work contract and receiving it. It is shown that case of 50 percent or less contains 38.5% when they receive contract, but only 10 percent reduction of original contract amount has been made when they provide it. It means that asbestos removal specialists do not keep occupational safety and health regulations.

• 한국안전학회지
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• 제18권4호
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• pp.136-142
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• 2003

This study is planned to investigate the attitude toward the safety and health management of contractor company. Under the contract based production system, all of activities including safety and health management in the contractor company are depended upon the contract. How to make contract influence the worker's health of contractor company. Worker's health of contractor company can be protected by efforts of company of contract-out and contractor company, especially their safety managers. The modelling of the effective safety and health management system for contractor company should consider the need of safety manager of each company and employer of contractor company. Data is collected from safety managers of 3 contract out compaines as electronic and electrical manufacturing industry and 55 safety manager, 57 employers of their contractor compaines using self administered survey with structured questionnaire. The most of all respondents want to support from the contract out compaines. The most important items supported from contract out company is the information based on the safety information network between each company. Safety manager and employer of contactor company also itemized safety education and training in the supporting system from contract out company. These results can be generalized to survey on the other industries.

• 국제학술발표논문집
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• The 1th International Conference on Construction Engineering and Project Management
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• pp.469-473
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• 2005

Contract design plays a key role in the life cycle of BOT project. All project management activities and operation processes are arranged in consistence with the document of BOT contract which the public sector ensures that the respective roles and responsibilities set out in the contract are fully understood and fulfilled to the contracted performance criteria. With limited theories to deal with some fundamental issues of BOT contract design, we try to collect data from case studies and formulate several practical principles. The conclusions presented in this paper are analyzed from two cases, one is based on an early case in the United Kingdom, and the other based on the Taiwan High Speed Railway case. The purpose of this paper is not about covering all legal issues about BOT contract design, but rather, our work provides common considerations applicable to the contract parties of a broad range of BOT contracts. The results in this paper shall propose some fundamental principles of the BOT contract design.

• 무역상무연구
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• 제50권
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• pp.27-59
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• 2011

This article attempts to describe and analyze the rules on the service provider's duty to provide his service in conformity with the contract under the Draft Common Frame of Reference (here-in-after DCFR), which are applied to construction, storage, design and factual information contracts. It categorizes such rules in accordance with the requirements of conformity with the contract, the time when the service provided must be in conformity with the contract, and the exemptions of the service provider's duty. On the basis of such categorization, it examines the rules on the service provider's duty in each type of service contract under the DCFR. By doing so, it seeks to figure out how the members of EU compromised on the various issues of the service provider's duty under the DCFR which is regarded as the first uniformed legislation in the area of the service contract. This may provide some guidance to the legislators of domestic law for their amendment or interpretation of their laws. In addition to them, this article also seeks to point out problems in terms of their interpretations and gaps in their rules to cover various aspects of non-conformity and put forward some solutions for such problems and gaps.

• 무역상무연구
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• 제23권
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• pp.93-127
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• 2004

A contract is made when both parties have reached agreement, or they are deemed to have. After contract the law recognizes rights and obligations arising from the agreement. In order to discover whether agreement was reached between these two parties, we have to analyse the process of negotiation. Recently The People's Republic of China legislated a New Contract Law, which has come into effect since 1st of October 1999. This Law adapts the rules of United Nations(Vienna) Convention on Contracts for the International Sale of Goods and the Unidroit Principles for International Commercial Contracts. And this law is now widely enforced to commercial transactions between individuals, enterprises or other economic organizations of the People's Republic of China and foreign enterprises. Therefore, the foreigner who wish to make a sales contract with Chinese should understand the rules of New Contract Law of China. According to this New Law only a contract which contain offer and acceptance is valid and binding, and it is also pointed out that terms of contact must be certain. Though an oral contract is usually equivalent to a written one, in a case of commercial transactions written contract with signature is desirable. The purpose of this paper is to analyze the new rules of this Law and the new features of their application to commercial transactions in China.

• 한국건설관리학회논문집
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• 제6권5호
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• pp.177-185
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• 2005

건설공사의 불확실성은 빈번히 클레임에 노출된다. 대부분의 경우 이러한 클레임에 대한 기본적인 해석은 공사계약서를 기준으로 하게 된다. 이러한 계약서 작성시의 문제는 발주자나 시공자가 부담하여야 하는 계약적 위험(risk)이 어떻게 규정되어 있어야 합리적인 수준인가를 판단하는 것인데 이러한 판단을 위해서는 FIDIC 계약조건과 같이 국제적으로 합리성을 인정받는 표준계약조건을 참고하는 것이 합리적이라 하겠다. 이에 본 연구는 FIDIC 계약조건을 기준으로 국내 공공공사에서 일반적으로 사용하는 공사계약일반조건에 내재되어 있는 불공정, 불합리 조항을 분석하여 세계적 수준에 맞는 공사계약조건을 제시하고자 위험관리의 관점에서 공사 계약조건을 분석하고, 여기서 도출되는 위험요인을 검증하며, 이에 대한 대응방안을 모색함으로써 공사계약일반조건의 위험요인 감소방안을 제시하고자 한다.

• 한국중재학회지:중재연구
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• 제19권2호
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• pp.49-72
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• 2009

Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

• 한국건설관리학회:학술대회논문집
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• 한국건설관리학회 2007년도 정기학술발표대회 논문집
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• pp.662-665
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• 2007

CM, EPC, PM 등과 같은 현재 국제적으로 많이 통용되고 있는 계약 방식들이 건설산업에 존재한다. 이러한 국제적인 건설계약 방식들을 도모하고자 중국 정부의 건설부는 2004년 새로운 건설계약법을 실행하였다. 이로 인해 중국내에서도 다양한 선진 건설계약 방식이 도입되고 있다. 한국은 중국과 비교하였을 때 실질적인 건설공사에 이러한 선진 계약방식을 도입함으로써 건설산업의 성장의 가속화를 이룩하였다. 이에 본 연구에서는 중국과 한국의 건설산업 및 계약방식 등을 비교함으로써 양국 건설산업의 차이점을 분석하고자 한다.

• 유통과학연구
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• 제20권6호
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• pp.125-135
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• 2022

Purpose: The revenue sharing contract has been used in various industries and it is expected to coordinate the individual companies' operations in a way to improve the whole supply chain performance. This study evaluates the performance of the revenue sharing contract to find out whether this contract achieves its original goal, the supply chain coordination. Research design, data, and methodology: The profit optimization models are developed to represent two stage supply chain system with a supplier and a buyer. By using the numerical examples of the proposed mathematical models, this study examines whether this supply chain contract coordinates the supply chain system. Results: The numerical examples show that the revenue sharing contract does not make the same supply chain profit as the centralized system does. With the proper combination of the wholesale price discount rate and revenue share ratio, both manufacturer and retailer can obtain increased profits from the revenue sharing contract. Conclusions: The outcomes of the numerical analysis imply that the revenue sharing certainly improves the supply chain performance but it does not fully coordinate the supply chain system. By controlling the wholesale price and revenue share ratio, every supply chain member can be beneficiaries of this supply chain contract.

• 건축역사연구
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• 제15권5호
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• pp.19-39
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• 2006

This study deals with construction contract bid-rigging by Japanese contractors who monopolized the construction market of the Korean Peninsula during the Japanese colonial rule, and investigates the abuses of the contract bid-rigging. First of all, construction contract bid-rigging in Korea was triggered by Japanese construction contractors and contract brokers, who had savored the benefits of bidrigging in Japan and had repeated the bid-rigging in Korea since 1903. Second, the agency played a significant role to mediate construction contractors, and existed throughout the Japanese colonial rule on the Korean Peninsula with changing their names. Most of them were engaged in major contract bid-rigging scandals. Among them was Construction Association of Korea, which existed for over 13 years. The agencies had took part in governmental services since the mid-1930s when Japan exploited Korean people during wartime, and focused on sweating human resources for the constructions. Third, one of the biggest construction bid-rigging scandals during the Japanese colonial rule was "the 1st and 2nd scandal on Daegu construction contract bid-rigging." Indeed, the second scandal paved the way for the serial scandals: "Kyeongseong construction contract bid-rigging scandal", "Busan construction contract bid-rigging scandal", and other cases throughout the nation. Fourth, along with the contract bid-rigging cases related to the Japanese Government-General of Korea and local authorities, bid-riggings firmly took rooted in local governments' farmland reclamation projects in the 1920s and the poor relief services in the 1930s. The "bid-rigging charges" forced contractors to compensate their losses with exploiting material costs and labor costs, generating serious problems. The construction contract bid-rigging enabled Japan to monopolize the construction industry and to sweat farmers on the Korean Peninsula. Against this backdrop, contract bid-rigging by Japanese construction contractors during the its colonization made Korean contractors ruled out, and helped Japanese monopolize the industry. A large amount of bid-rigging charges drove Japanese contractors to do fraudulent work with cheap materials and to exploit Korean labor force.