• Title/Summary/Keyword: Contract.

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A Study on Contract Attributes, Firm's Performance and Partnership Intention in the Digital Contents Service Industry (디지털 콘텐츠 산업에서의 계약 속성, 성과 및 파트너십 의도에 관한 연구)

  • Kim, Seon-Min
    • Journal of the Korea Safety Management & Science
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    • v.14 no.4
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    • pp.271-279
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    • 2012
  • Although digital contents markets grow very rapidly and are known as a higher value added industry, there is also potential risk in producing digital contents. Thus, many firms have begun to produce a firm's digital contents by outsourcing from other companies in order to catch-up new technologies and to make stable profits. However, since contracts are decided mostly based on bidding price and also standard contract are not available, there is a limit on the benefit from the contents outsourcing. Thus, this study argues that if both contract factors such as contract concreteness and flexibility are well managed, the on-line digital contents will increase the performance of a firm. This study deals with the influence on the firm's performance by the outsourcing in contract factors based on the empirical analysis. Using regression analysis with these two dependent variables, the findings showed that the contract concreteness had positive effects on both cost improvement performance and efficiency improvement performance, but the contract feasibility only had positive effect on efficiency improvement performance. In addition, the result of the study showed that the contract performance of outsourcing the digital contents have a positive impact on the partnership intention.

A Study on Determinants of Performance of Contract Farming by Agricultural Cooperatives (농업협동조합 계약재배 사업의 성과 결정요인 분석)

  • Gwon, Sun-Hwan;Kim, Dong-Hwan
    • Asia-Pacific Journal of Business
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    • v.11 no.1
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    • pp.27-44
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    • 2020
  • Purpose - This study examines the factors that influence the performance of contract farming by agricultural cooperatives from the agency theory and resource-based view of the firm. Design/methodology/approach - This study collected 1,090 data related to a sample of contract information between agricultural cooperatives and producers from national agricultural cooperatives federation. In order to examine the performance of contract farming, we use the multiple regression analysis. Findings - Incentives may reduce agency problems by increasing producers' motivation and discouraging their opportunistic behavior. Total asset size and education expenses function like resources that lessen the risks coming from environment uncertainty, and also facilitate the contract farming between producers and agricultural cooperatives. Research implications or Originality - By analyzing the factors that influence on the performance of contract farming between producers and agricultural cooperatives, we propose that incentives, and resources may improve the performance of contract farming between agricultural cooperatives and producers. Overall, the contract farming can co-create the economic efficiency and effectiveness while minimizing risks and uncertainty.

Impact of Revenue Sharing Contract on the Performance of Vendor

  • Chungsuk RYU
    • The Journal of Industrial Distribution & Business
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    • v.14 no.9
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    • pp.21-30
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    • 2023
  • Purpose: Focusing on the role of the special contract to collaborate the supply chain operations, this study investigates how the revenue sharing contract affects the performance of Vendor Managed Inventory (VMI). Research design, data, and methodology: The optimization model is formulated to represent two stage supply chain system where the supplier and retailer manage the operations to maximize their own profits. Three supply chain models including the traditional system, VMI, and VMI with revenue sharing contract are compared in the numerical examples. Results: According to the numerical analysis, the entire supply chain system has greater profit under VMI than the traditional system, while VMI alone sacrifices the supplier's profit. With the proper sets of revenue share ratio and wholesale price discount rate, VMI with revenue sharing contract results in the increased profit for both supplier and retailer compared with VMI alone as well as the traditional system. Conclusions: The numerical examples imply that VMI, when it is combined with the revenue sharing contract, can be the effective collaboration program that satisfies every supply chain member. To make VMI with revenue sharing contract to be fair to all supply chain members, they need to agree on the appropriate contract content.

Investigation of Impact of Revenue Sharing Contract on Performance of Two-Stage Supply Chain System

  • RYU, Chungsuk
    • Journal of Distribution Science
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    • v.20 no.6
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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.

A Study on the Laytime and Demurrage Clauses (LD Clauses) in Contracts for the International Sale of Goods (국제물품매매계약에서 정박기간과 체선료조항(LD Clauses)에 관한 연구 - 영국관습법을 중심으로 -)

  • CHOI, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.85-105
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    • 2016
  • The fact that one of the parties to the sale contract has had to pay demurrage to the shipowner under LD clauses in the charterparty does not of itself mean that he can recover that loss from his sale counter party under the sale contract: the route to such recovery is through express clauses in the sale contract itself. LD clauses in a sale contract stand free and independent of their counterparts in the relevant charterparty. LD clauses in a sale contract should be construed and applied as clauses in sale contracts, not as adjuncts to charterparties. Their interpretation should therefore be coloured not by decisions on laytime and demurrage in charterparties, but by their relationship to the contractual duties of CIF and FOB sellers and buyers. The results discussed here have implications for the drafting of LD clauses in sale contracts. If unwelcome surprises are to be avoided, it seems to advisable to start from the principle: what exactly do traders want or need in LD clauses. They need a clause which covers them against charterparty losses where those losses are the result of dealy caused by the counterparty to the sale contract. The parties to the sale contracts are well advised to prepare LD clauses concentrating on that purpose and bearing in mind the followiing questions. First, should the loading and discharge code in the sale contract appear in traders' or trade associations' standard terms and conditions or should they be left to ad hoc negotiation in contract sheets? Second, should that code be as complete as possible, covering loading or discharge periods or rates, demurrage and despatch, or is it enough for only some of those matters to be covered explicitly, leaving other matters to be governed" as per charterparty"? Third, does the introduction or incorporation of a stipulation for the giving of a notice of readiness make the start of laytime more or less predictable as between seller and buyer? Finally should a loading and discharge code in a sale contract actully be called a "laytime and demmurrage clauses"?

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A Study on the Liability of the Builder in the Shipbuilding Contract and Products Liability. (선박건조계약상 건조자책임과 제조물책임)

  • Jeong, Seon-Cheol
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2005.11a
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    • pp.92-93
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    • 2005
  • A contract for the shipbuilding is usually a complicated and involves statement of rights, obligations and responsibilities which each party agrees vis-a vis the other. The ultimate purpose of the contract is the sale and transfer of the finished ship by the builder to the buyer. Contracts for the construction and sale of ships are categorized as contracts for the sale of goods under English, United States, Germany and some countries law. On the other hand, The shipbuilding contract may be classified, not as a contract of sale but as a contract for work and materials under Korea, Japan and some countries law. Especially, most of countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other for pure economic loss to remote owners of chattels. Where there is either a breach of contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. Contract principles will be applied to the first type of warranty and tort principles will be applied to the second. First of all, this thesis is dealt with the contents of contract under English Law. Secondly, this thesis is analysed into the liability of shipbuilder in Products Liability under English, American and Korean Law comparisons. In conclusion, the author tries to give some suggestions as countermeasures of Products Liability to the shipbuilder in Korea.

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A Study for the Application and the Buyer's Remedy for the United Nations Convention on Contract of the International Sales of Goods to the Government Foreign Procurement Contract (정부 외자조달계약의 국제물품매매협약의 적용과 매수인의 구제에 관한 연구)

  • Lee, Dong Wook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.62
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    • pp.55-86
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    • 2014
  • Korea has become a member of the United Nations Convention on Contract of the International Sales of Goods (the 'CISG') effective since March 1, 2005. As, therefore, the governing law of the general terms and conditions (the 'GTC') in the Government Foreign Procurement Contract (the 'Contract') is mandatorily fixed to the Korean Law, the CISG, as an International Convention, now having an equivalent or even higher status to the Korean Law, unless expressly excluded, will be priorly applied to the Contract where a transaction occurs between its members. In this regard, this study focuses on how to find the way for the CISG to be a governing law of the GTC in order to eliminate legal uncertainties and lacks of foreseeability prevailed in the international trade. For that purpose, the legal aspects of GTC, and the Buyer's remedy for the Seller's breach of the Contract are analyzed in accordance with the comparative study between the CISG and the GTC including the relevant case studies. As a result of this study, the application of the CISG into the GTC is highly recommended in order to reflect into the Contract such features as fairly harmonized for the interest of both parties. Taking this opportunity, a GTC, amended from the existing one, or newly formed, within the perimeter of not conflicting with the provisions of the CISG, including but not limited to the Civil Law and Commercial Law, is required in order to evenly share each party's responsibilities and obligations where the breach or remedy of the Contract is, and, thus, which will ultimately contribute to an efficient conduct of the Contract.

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Influence of Therapeutic Exercise on Functional Leg Length Inequality (PNF의 수축-이완 운동이 기능적 하지길이 차이에 미치는 영향)

  • Gong, Won-Tae;Bae, Sung-Soo;Jung, Yeon-Woo
    • Journal of the Korean Society of Physical Medicine
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    • v.2 no.2
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    • pp.183-194
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    • 2007
  • Purpose : The purpose of this study was to evaluate influence of therapeutic exercise on functional leg length inequality(LLI). Methods : The subjects were consisted of thirty patients who had Leg length inequality(LLI) of more than 10mm(l6 females. 14 males) from 20 to 35 years of age(mean aged 24.23). All subjects randomly assigned to contract-relax exercise of proprioceptive neuromuscular facilitation(PNF) group(n=15), control group(n=15). Contract-relax exercise group received contract-relax exercise about 10 minutes with therapeutic massage about 15 minutes for 3 times per week during 4 weeks period. Control group not received intervention during 4 weeks period. The tape measure method(TMM) was used to measure functional Leg length inequality. Biodex System 3 Pro was used to measure strength of Knee extension & flexion. All measurements of each subjects were measured at pre-test, 2weeks post-test and 4weeks post-test. Results : 1. The LLI of contract-relax exercise group was significantly reduced according to within treatment period(p<.05), most significantly reduced between pre-test and post-test(p<.05). Contract-relax exercise group significantly more reduced than control group(p<.05). 2. The knee extension strength of contract-relax exercise group was significantly increased according to within treatment period(p<.05), most significantly increased between pre-test and post-test(p<.05). Contract-relax exercise group significantly more increased than control group(p<.05). 3. The knee flexion strength of contract-relax exercise group was significantly increased according to within treatment period(p<.05), most significantly increased between pre-test and post-test(p<.05). Contract-relax exercise group significantly more increased than control group(p<.05). Conclusion : Contract-relax exercise applied with therapeutic massage can reduce LLI and increased lower extremity muscle strength.

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A Study on Licensor's Obligation of Providing Licensed Technology and Licensee's Obligation of Paying Royalty in International Technology Transfer Contract (국제기술이전계약에서 라이선서(Licensor)의 실시권 부여와 라이선시(Licensee)의 실시료 지급의무에 관한 연구)

  • Oh, Won Suk;Jeong, Hee Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.61
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    • pp.29-55
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    • 2014
  • Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

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The Influence of Contract-Relax Exercise of PNF on Equilibrium Ability (PNF의 수축-이완 운동이 균형능력에 미치는 영향)

  • Gong, Won-Tae;Seo, Hyun-Kyu;Kim, Tae-Ho
    • The Journal of Korean Academy of Orthopedic Manual Physical Therapy
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    • v.13 no.1
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    • pp.1-9
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    • 2007
  • Purpose: The purpose of this study was to evaluate the The Influence of contract-relax exercise of PNF on Equilibrium Ability. Methods: The subjects were consisted of thirty patients (14 females and 16 males). They were from 20 to 42 years old and the mean age was 25.03. All subjects were randomly assigned to two groups: contract-relax exercise of proprioceptive neuromuscular facilitation(PNF) group (n=15), control group (n=15). Contract-relax exercise group received contract-relax exercise for about 10 minutes along with therapeutic massage for about 15 minutes, 3 times per week during 4 weeks period. However, control group did not receive intervention during the same 4 weeks. The Balance performance monitor(BPM) was used to measure equilibrium ability. All measurements of each subjects were measured at pre-experiment, after 2 weeks, and post-experiment. Results: The results of this study were summarized below : 1. The sway area of contract-relax exercise group was significantly reduced according to within treatment period(p<.05), most significantly reduced between pre-test and post-test(p<.05). Contract-relax exercise group significantly more reduced than control group(p<.05). 2. The sway path length of contract-relax exercise group was significantly reduced according to within treatment period(p<.05), most significantly reduced between pre-test and post-test(p<.05). Contract-relax exercise group significantly more reduced than control group(p<.05). Conclusion : Contract-relax exercise applied with therapeutic massage can increased equilibrium ability. Additional randomized controlled trials to more fully investigate treatment effects and factors that may mediate these effects are needed.

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