• Title/Summary/Keyword: Contractual Parties

Search Result 78, Processing Time 0.025 seconds

Quasi-Economic Integration in the Broiler Industry (브로일러산업의 유사경제통합)

  • 박영인
    • Korean Journal of Poultry Science
    • /
    • v.11 no.1
    • /
    • pp.33-39
    • /
    • 1984
  • The pattern of economic integration in the broiler industry can be grouped into three categories; 1) non-integration, 2) quasi-integration and 3) complete-integration. It is general to see that the non-integration is quite common under the market conditions of perfect competition, whereas the complete integration is more preferable in the imperfect competition. The quasi-integration, however, exists at all phases where the complete integration is not fully formed and implemented, but the non-integration has begun to alter its nature into integrated structure. The broiler industry in Korea has been characterized with the typically non-integrated independent operation, resulting in considerable price fluctuation and unstable industry as a whole. As a means of solving out the problem stemed from the non-integrated, growers and agribusinessmen involved in broiler industry have tended to develope the regular customer relationship prevailed between two parties. In fact, it has been practiced for years that most growers have been dealt with factor suppliers or processors on a regular basis for advantages of better price and quality, useful information, management help and so forth. Under the customary transaction, no formal contract has been made due to simple buyers and sellers relations, not like the one used to be performed in the form of contractual agreement. The broiler industry realizes the direction to go ahead toward the formal arrangement of integrated system from current regular transactions. As more Vowers, suppliers and processors recognize the necessity of it, the non-integrated industry appears to become the partially integrated by developing the existing customer relationship in such a way that functions of integrators are. further expanded and better organized. As a result, a type of quasi-integration started to show up by an integrator dominated in the field of hatching, feedmilling, dressing and by a grower's coop, It is concluded, therefore, that the evolution of quasi-integration in Korea's broiler industry is continuously taking place, implying the close approach to the completely integrated broiler production and marketing system.

  • PDF

Enforcement of Arbitration Agreement in the Dispute of Standby Letter of Credit (보증신용장거래 분쟁에서 중재합의의 이행가능성)

  • Park, Won-Hyung;Kang, Won-Jin
    • Journal of Arbitration Studies
    • /
    • v.19 no.3
    • /
    • pp.161-178
    • /
    • 2009
  • This article focuses on the enforceability of arbitration agreements m the dispute of standby letter of credit, especially with the case analysis of the leading case from the U.S. Bankruptcy Court. In Nova Hut a.s. v. Kaiser Group International Inc. case, while the underlying contract contained an arbitration clause, a guarantee to assure contractor's performance did not contain an arbitration clause. Nova Hut drew on the standby for the Contractor's failure to deliver contractual obligations. Against the Kaiser's action under US Bankruptcy law, Nova Hut moved to stay the proceedings pending arbitration, to compel arbitration, and to dismiss the complaint. The US Bankruptcy Court for the District of Delaware denied Nova Hut's motions. On appeal, Kaiser argued that it was not subject to arbitration since it was not a party to the contract. It also argued that Nova Hut had waived its right to arbitration by filing a proof of claim in the bankruptcy proceeding and commencing legal actions in other countries. The appeals court noted that in order to avoid arbitration on those grounds prejudice must be shown. It indicated that because there was no long delay in requesting arbitration and no discovery conducted m the course of litigation, the Kaiser could not demonstrate actual prejudice on the part of Owner. In light of public policy favoring arbitration, the nature of the claims in the parties' agreements, Kaiser's conduct in embracing the agreements, and their expectation of benefit, the appeals court ruled that the doctrine of equitable estoppel applied in requiring the Parent to arbitrate.

  • PDF

An Empirical Study on the Relationship between Selection factors of Franchise brand and Franchisee's Business Satisfaction, Performance (외식 프랜차이즈 브랜드 선정요인과 사업만족도, 성과 관계 연구)

  • Yang, Sook-Kyeong;Kim, Sun-Bae
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
    • /
    • v.6 no.1
    • /
    • pp.39-58
    • /
    • 2011
  • The Study on the Influence of Selection factors of Franchise System and Franchisee's Satisfaction in the Food Service Franchise Industry. Franchisors can use franchisee selection criteria as a key input control to enhance the outcomes of their future franchisees. A business technique based on long term contractual arrangements between two legally independent businesses and relying on certain inputs from both parties for success and survival has significant potential for conflict. Furthermore,with many independent small businesses falling to reach their full potential, it is important to evaluate franchising as an alternative system of business management and to identify the characteristics of franchisor and franchisees which contribute to the satisfactory operation of a franchised small business. Thus, the objective of this study was to investigate a possible relationship between franchisee satisfaction and certain characteristics of the franchisor and of the franchisees themselves. In accordance with results of a hypothesis verification, a Selection factors of Franchise affects positively a Franchisee's Business Satisfaction.

  • PDF

An Empirical Study on the Importance of Psychological Contract Commitment in Information Systems Outsourcing (정보시스템 아웃소싱에서 심리적 계약 커미트먼트의 중요성에 대한 연구)

  • Kim, Hyung-Jin;Lee, Sang-Hoon;Lee, Ho-Geun
    • Asia pacific journal of information systems
    • /
    • v.17 no.2
    • /
    • pp.49-81
    • /
    • 2007
  • Research in the IS (Information Systems) outsourcing has focused on the importance of legal contracts and partnerships between vendors and clients. Without detailed legal contracts, there is no guarantee that an outsourcing vendor would not indulge in self-serving behavior. In addition, partnerships can supplement legal contracts in managing the relationship between clients and vendors legal contracts by itself cannot deal with all the complexity and ambiguity involved with IS outsourcing relationships. In this paper, we introduce a psychological contract (between client and vendor) as an important variable for IS outsourcing success. A psychological contract refers to individual's mental beliefs about his or her mutual obligations in a contractual relationship (Rousseau, 1995). A psychological contract emerges when one party believes that a promise of future returns has been made, a contribution has been given, and thus, an obligation has been created to provide future benefits (Rousseau, 1989). An employmentpsychological contract, which is a widespread concept in psychology, refers to employer and employee expectations of the employment relationship, i.e. mutual obligations, values, expectations and aspirations that operate over and above the formal contract of employment (Smithson and Lewis, 2003). Similar to the psychological contract between an employer and employee, IS outsourcing involves a contract and a set of mutual obligations between client and vendor (Ho et al., 2003). Given the lack of prior research on psychological contracts in the IS outsourcing context, we extend such studies and give insights through investigating the role of psychological contracts between client and vendor. Psychological contract theory offers highly relevant and sound theoretical lens for studying IS outsourcing management because of its six distinctive principles: (1) it focuses on mutual (rather than one-sided) obligations between contractual parties, (2) it's more comprehensive than the concept of legal contract, (3) it's an individual-level construct, (4) it changes over time, (5) it affects organizational behaviors, and (6) it's susceptible to organizational factors (Koh et al., 2004; Rousseau, 1996; Coyle-Shapiro, 2000). The aim of this paper is to put the concept, psychological contract commitment (PCC), under the spotlight, by finding out its mediating effects between legal contracts/partnerships and IS outsourcing success. Our interest is in the psychological contract commitment (PCC) or commitment to psychological contracts, which is the extent to which a partner consistently and deeply concerns with what the counter-party believes as obligations during the IS project. The basic premise for the hypothesized relationship between PCC and success is that for outsourcing success, client and vendor should continually commit to mutual obligations in which both parties believe, rather than to only explicit obligations. The psychological contract commitment playsa pivotal role in evaluating a counter-party because it reflects what one party really expects from the other. If one party consistently shows high commitment to psychological contracts, the other party would evaluate it positively. This will increase positive reciprocation efforts of the other party, thus leading to successful outsourcing outcomes (McNeeley and Meglino, 1994). We have used matched sample data for this research. We have collected three responses from each set of a client and a vendor firm: a project manager of the client firm, a project member from the vendor firm with whom the project manager cooperated, and an end-user of the client company who actually used the outsourced information systems. Special caution was given to the data collection process to avoid any bias in responses. We first sent three types of questionnaires (A, Band C) to each project manager of the client firm, asking him/her to answer the first type of questionnaires (A).

E-Commerce in the Historical Approach to Usage and Practice of International Trade ("무역상무(貿易商務)에의 역사적(歷史的) 어프로치와 무역취인(貿易取引)의 전자화(電子化)")

  • Tsubaki, Koji
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.19
    • /
    • pp.224-242
    • /
    • 2003
  • The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

  • PDF

The Applicable Laws to International Intellectual Property License Contracts under the Rome I Regulation (국제 지식재산권 라이센스 계약 분쟁의 준거법 결정 원칙으로서 로마I 규정의 적용에 관한 연구)

  • Moon, Hwa-Kyung
    • Journal of Legislation Research
    • /
    • no.44
    • /
    • pp.487-538
    • /
    • 2013
  • It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

Advanced Construction Management through an Integrated Information Control Environment (통합 건설관리 환경과 일관된 정보처리 체계의 구현)

  • Moon Sung-Woo;Kim Yong-Beom;Kim Young-Do
    • Proceedings of the Korean Institute Of Construction Engineering and Management
    • /
    • autumn
    • /
    • pp.137-142
    • /
    • 2003
  • Construction CALS has been introduced with an aim to improve the effectiveness of construction management in the public sector. The objective of this paper is to provide an approach to implementing an integrated construction management environment. The environment described in this paper provides a methods for the owner and the contractor as well as designers and engineers to interact in a sing control scheme. This interaction represents the collaboration between the contractual parties for sharing construction information. XML technology has been applied as a basic technology for delivering data in the system. The XML-based forms are loaded on the system, whose data are stored in the central database right after review and approval. In future the integrated construction management environment can be further developed to the extend that the contractor's information system is directly interface with the owner's.

  • PDF

A Historical Survey on the Background of Establishment of British P & I Club (영국계 P&I 클럽의 설립배경에 관한 사적 고찰)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.34
    • /
    • pp.77-108
    • /
    • 2007
  • The traditional name given to the insurance of third party liabilities and certain contractual liabilities which arise in connection with the operation of ships is protection and indemnity(P & I) insurance. P & I insurance is very different from traditional hull and machinery insurance in that shipowners' hull and machinery insurance is designed primarily to protect the assured against losses to his vessel, whereas P & I insurance seeks to indemnify an shipowner in respect of the discharge of legal liabilities he has incurred in operating his own vessels. This study is to examine the background of establishment of British P & I clubs md, therefore, the identity of P & I insurance. The present British P & I clubs are the remote descendants of the many small and local hull mutual insurance clubs that were formed by British shipowners in the end of 18th century. At that time, British shipowners were dissatified with the state of marine insurance market and, therefore, established clubs together in mutual hull insurance clubs. After the removal of the company monopoly in 1824, greater competition had a good effect on the rates, terms of cover and service offered by the commercial marine insurance market and by Lloyd's underwriters, and the hull clubs became less necessary and went into decline. The burden of British shipowners on liabilities to third parties was steadily increased after the middle of the 19th century, but the amount insured under hull policy was limited in the insured value of the ship. Eventually, the first protection club, that is, the Shipowners' Mutual Protection Society was formed in 1855. It was designed to like past mutual hull clubs, but to cover liabilities for loss of life and personal injury and also the collision risks excluded from the current marine policies, particularly the excess above the limits in hull policies. In 1870, the risks of liability for loss of or damage to cargo carried on board the insured ship was first awarded by the British shipowners. After 1874, many protection clubs formed indemnity club to cover the risk of liability for loss or damage to cargo. As mentioned above, British P & I clubs have been steadily changed according to the response of shipowners under the rapidly changing law of British shipowners' liability, and so on in the future.

  • PDF

Contents and Issues of the Draft Legislation of Part VI the Carriage by Air of Korean Commercial Code in Respect of the Carriage of Cargo by Air (항공화물운송에 관한 상법 항공운송편 제정안의 내용 및 쟁점)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.43
    • /
    • pp.201-238
    • /
    • 2009
  • The purpose of this paper is to describe the contents and issues of the draft legislation of Part VI the Carriage by Air of Korean Commercial Code in respect of the domestic carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999 for the unification of certain rules for international carriage by air and the related provisions of Korean Commercial Code in respect of the carriage by land and sea. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by Air are composed of the provisions in respect of the liability of the carrier, the rights of the consignor and consignee, the transport document and others. In respect of the carriage of cargo by air, the issues on the draft legislation of Part VI the Carriage by Air are the problems with respect to the extinguishment of the liability of the carrier, the application for the non-contractual claim, the liability limit of the servants or agents of the carrier, the right of disposition of cargo, the effect of breach of the provision in respect of the air transport document, the prescription of claim of the carrier, the immunity reasons from liability of the carrier for the loss or damage of the cargo, the making out of the air waybill, and the effect of the statement of the air transport document. In conclusion, the national legislation of Part VI the Carriage by Air of the Korean Commercial Code will protect the right and interest of the consignor and consignee, and clarify the right and duty of the parties to the air transport. Also it will contribute to the development of the air transport industry in Korea.

  • PDF

The Effects of Franchise's Learning Orientation and Relationship Marketing Orientation on the Job Satisfaction (프랜차이즈 조직의 학습지향성과 관계마케팅지향성이 직무만족에 미치는 영향)

  • Hwang, Yoon-Yong;Seo, Chang-Sun;Choi, Soow-A
    • Journal of Distribution Science
    • /
    • v.11 no.6
    • /
    • pp.51-58
    • /
    • 2013
  • Purpose - Nowadays, more than ever before, fierce competition, deep market segmentation, short product life cycles, and intensifying customer needs are putting increasing pressure on franchise's organizations to satisfy their customers by creating market-oriented relationships with and enhancing their market knowledge of them. One way that this might be achieved is by establishing deep ties (i.e., job commitment and job satisfaction) with their employees. Therefore, the purpose of this study is to examine how two important constructs of franchises' strategic efforts, LO (learning orientation) and RMO (relationship marketing orientation), affect job satisfaction, given the mediating role of job commitment. A franchise system comprises a set of contractual arrangements by which mutual obligations are performed. An organizational learning goal motivates employees to improve their abilities and master the tasks they perform. Relationship marketing, in addition, is to identify, establish, maintain, and enhance relationships with customers and other stakeholders to ensure that the objectives of all parties are met and this is done through the mutual exchange of promises. In a relationship marketing orientation, then, a firm creates, maintains, and enhances a strong relationship with its customers by sustaining long-term ties. This study was designed to examine the evolution of various theoretical approaches to franchise systems in order to determine whether theories about firms have significantly affected the franchise system. To this end, the authors developed a structural model consisting of several constructs. Previous studies have suggested that franchises' learning and relationship marketing orientations are important occupational immersion dimensions driving job satisfaction. Research design, data, methodology - We empirically tested a process of how the learning orientation and the relationship marketing orientation influence job commitment and job satisfaction using survey data drawn from 150 responding franchisees who were interviewed about their individual tendencies. Results - The results of this study provide empirical evidence that learning orientation, relationship marketing orientation, and job commitment all influence franchisees' job satisfaction. The results of this study indicate that, first, learning orientation had a significant effect on job satisfaction; second, relationship marketing orientation was positively related to job commitment; third, job commitment had a significant effect on job satisfaction. We also found that relationship marketing orientation and job satisfaction were mediated by job commitment. Conclusions - The findings of this study confirm the importance of learning orientation and relationship marketing orientation in maintaining a positive marketing relationship between franchiser and franchisee from to the perspective of the market. This indicates that franchiser support such as educational programs provided by the franchiser will help franchisees attain higher business management achievement and satisfaction. Moreover, a positive relationship between franchisees and consumers can be maintained through tie effects. Our findings also suggest that learning orientation plays a critical role in job satisfaction within the franchise system.