• Title/Summary/Keyword: Design-By-Contract

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Application of Partnering and Constructability in the Design Development Phase of Public Design-Build Projects (공공부문 일괄사업 실시설계단계의 파트너링과 시공성 분석 적용방안)

  • Nam, Yong-Ho;Yeon, Hee-Jung;Hong, Tae-Hoon;Koo, Kyo-Jin;Hyun, Chang-Taek
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.531-534
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    • 2007
  • In the current domestic design-build contract, design and construction are separated due to prohibition of outside work. but instead the design-build contract adopts a method of fulfilling each assignment as a joint venture, which makes it difficult for participants to communicate each other and often require changes of design. also, It is difficult to performance efficiency project that they don't want to share useful information related to design and construction. In this study suggests how to maxmize the effiency of the project by proposing a process model connected with an efficient partnering and constructability in a deign development phase of design-build constract.

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First Smart Contract Allowing Cryptoasset Recovery

  • Kim, Beomjoong;Kim, Hyoung Joong;Lee, Junghee
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.16 no.3
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    • pp.861-876
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    • 2022
  • Cryptoassets such as Bitcoin and Ethereum are widely traded around the world. Cryptocurrencies are also transferred between investors. Cryptocurrency has become a new and attractive means of remittance. Thus, blockchain-based smart contracts also attract attention when central banks design digital currencies. However, it has been discovered that a significant amount of cryptoassets on blockchain are lost or stranded for a variety of reasons, including the loss of the private key or the owner's death. To address this issue, we propose a method for recoverable transactions that would replace the traditional transaction by allowing cryptoassets to be sent to a backup account address after a deadline has passed. We provide the computational workload required for our method by analyzing the prototype. The method proposed in this paper can be considered as a good model for digital currency design, including central bank digital currency (CBDC).

Determinants of Department Store Sales Commissions Under Consignment Contracts: An Integrated Perspective (백화점 특약매입 거래에서 판매수수료의 결정요인 : 거래비용, 힘-의존이론과 자원기반이론의 통합적 관점)

  • Yi, Ho-Taek;Yeom, Min-Sun;Seo, Hun-Joo
    • Journal of Distribution Science
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    • v.13 no.11
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    • pp.47-58
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    • 2015
  • Purpose - This study aims to seek determinants of department store sales commission rates under consignment contracts based on transaction cost theory, the power-dependence view, and the resource-based view. A consignment contract is a unique contract where the retailer, over a given period, takes possession of goods owned by a supplier, promotes the sales of these goods, and receives a profit share from their sales. Under this contract, the supplier owns the goods until they are sold. In department stores in South Korea, over 70% of overall sales comes through consignment contracts. In other words, this is the most popular contract agreement between large retailers and vendors in South Korea. Consignment contracts yield high profits to department stores with minimal sales uncertainty, stock cost, and marketing investment. Many suppliers believe the consignment contract commission rates are too high. However, department stores disagree. They state that the commissions are not high as they generate new value for the suppliers by accumulating up-to-date merchandise and supporting various marketing programs on their behalf. Recently, consignment contracts have been critically examined and scrutinized by politicians, mass media, and the public of Korea. This study further intends to derive implications reflecting both buyer and seller perspectives as well as offer insights to policy makers in making appropriate decisions. Research design, data, and methodology - To verify the proposed research model and test hypotheses, the authors selected 164 suppliers, which currently have relationships with department stores. This study carefully investigated the reliability, content validity, convergent validity, and discriminant validity of the proposed model. The data were analyzed using SPSS 18.0 and AMOS structural equation modeling program Results - For the transaction cost theory and the power-dependence view, the results indicated that product diversity and demand volatility had a positive impact on the sales dependence on a department store. Dependence in turn had a positive effect on the sales commission under the consignment contract. Based on the resource-based view, the department store's marketing capability, the supplier's perception toward merchandising, and supporting activities could enhance the department store's channel leadership in the buyer-seller relationship. Subsequently, the channel leadership had a positive effect on the sales commission. However, product complexity had no relationship with department store dependence. Conclusions - This is the first empirical research that investigates the determinants of sales commissions under consignment contracts in the domestic retail industry. This study reveals several theoretical and practical implications for both marketing scholars and marketers. In terms of theoretical implication, this study integrated and enlarged certain theoretical background, such as transaction cost theory, the power-dependence view, and the resource-based view, to explain the determinants of sales commissions under consignment contracts that include sales revenue. From a business management viewpoint, this research offers useful insights for policy makers by applying two different perspectives, both the manufacturer and the retailer, in terms of the sales commission issue under a consignment contract.

Is CISG Applicable and Suitable in Service Contracts?

  • Kyujin Kim
    • Journal of Korea Trade
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    • v.27 no.3
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    • pp.43-64
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    • 2023
  • Purpose - This paper studies whether CISG can be a suitable governing law for pure service contracts. When CISG was first drafted, there was little disagreement on the fact that contracts for the sale of goods and those for the provision of services were two different types of contract. Based on this understanding, CISG explicitly provides that the Convention will apply to contracts where the preponderant part of the contractual obligation is on the sale of goods, not services. However, as more sales transactions have come to include more elements of services, mainly due to the advancement of the IoT industry, the distinction between goods and services became more blurred. Based on the observation of recent changes, some scholars even argue that such a change supports the applicability and suitability of CISG to even pure service contracts. The purpose of this paper is to critically analyze and evaluate their argument. Design/methodology - This paper focuses on two separate but related issues: CISG's 'applicability' and 'suitability' to service contracts. For the first issue, this paper will examine the rules of interpretation of international treaties under the Vienna Convention on the Law of Treaties of 1969, and will apply its rules to find the proper answer. For the second issue, this paper will perform logical and empirical analyses on the reasoning employed by scholars claiming the suitability of CISG to service contracts. Findings - This paper concludes that CISG does not, and should not, apply to pure service contracts. The argument that CISG applies to pure service contracts directly contravenes Article 3(2) of the Convention, which expressly states that it does not apply to a contract wherein the preponderant part of its obligation is about services rather than sales. Similarly, CISG is not a suitable governing law for pure service contracts because it aims provide rules specifically tailored to the needs of transactions of sales of goods, not services. Servitization of sales of goods transaction does not change this conclusion. Originality/value - This paper presents different views from those offered by some eminent scholars on the issue of applicability and suitability of CISG to service contracts. By doing so, it is hoped that the confusion caused in discussions so far are clarified. Hopefully, this paper can also provide practical guidance to practitioners engaged in the fields of international sales, services, and IoT industries.

Effects of Core Competence and Resource Sharing on the Relational Bond among Franchisees and on Re-contract Intention in the Franchising Parent Companies (프랜차이즈 모기업 핵심역량 자원이 가맹점 관계결속과 재계약의도에 미치는 영향)

  • Huh, Yeong-Uk;Ju, Mal-Chan
    • Journal of Distribution Science
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    • v.12 no.4
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    • pp.11-22
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    • 2014
  • Purpose - The domestic franchise industry has made significant contributions to industry such as investment, employment, and community economy development, facilitating growth potential. The franchise industry provides management knowhow transfer between parent companies and franchisees as per contracts addressing use of business signs, franchisees' independent position, franchisor support, and royalties to be paid to the franchisors. However, many franchisors lack management knowhow and provide insufficient support because of poor control of franchisees and not having a systematic approach to support. This results in dissatisfied franchisees and failure to establish long-term relationships. Few studies have examined relational commitment and/or re-contract intention by support resources between franchisors and franchisees, despite a considerable output of theories and studies of the growth of the franchise industry. The purpose of this study, therefore, was to examine the effects of the ability to provide resources on relational commitments and re-contract intention, and to suggest causal relationships and implications. Research design, data, and methodology - The subject was domestic franchisors registered with the Association of Franchise with more than 50 franchisees. Franchisees under contract for 2 years and considering re-contract of their franchise 2 years later were used. The subjects totaled 300 franchisees in Seoul. A questionnaire survey was used to investigate the subject of franchisees' concessions during the 10 days from November 21, 2013 to November 30, 2013. After excluding 16 surveys with poor answers, 284 responses were finally used. Four areas and 44 questions were used. A nominal scale was used for four common characteristics questions including gender, ages, educational background, and franchise managing time. Questions regarding ability, relational commitment, and re-contract intention made use of a Likert 5-point scale. Data coding and data cleaning were used. SPSS 18.0 was used as follows. First, frequency analysis was done to investigate demographic characteristics. Second, exploratory factor analysis was done to verify validity of testing tools, and Cronbach's α coefficient was used to verify reliability. Third, correlation analysis and multiple regression analysis were done. An exploratory factor analysis was done to verify validity of concepts. A correlation analysis was done to test relationships between the variables, and multiple regression analysis was done to verify franchisor's ability, franchisees' relational commitment, and re-contract intention. Results - The following were the outcomes. First, store operation management, finance operation management, and human resource management affected the calculated bond. Second, store operation management and finance operation management affected the emotional bond. Third, store operation management, finance operation management, human resource management, and marketing management affected the prescriptive bond. Fourth, calculated bond and prescriptive bond had an effect on re-contract intention. Conclusions - As stated above, in franchise management, parent companies' offer and instruction of core competence to their franchisees as an information resource could improve the relational bond by helping them grow together through the resource sharing. Consequently, core competence factors were promoting factors that could improve franchisees' re-contract intention for a long time.

An Empirical Study on B2B Governance Mechanisms and Relationship Outcomes in Franchise Systems (B2B 거래관계에서 통제메커니즘과 관계성과에 대한 연구 : 프랜차이즈 채널을 중심으로)

  • Yi, Ho-Taek
    • Journal of Distribution Science
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    • v.16 no.11
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    • pp.65-72
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    • 2018
  • Purpose - The purpose of this research is to investigate the effect of ex ante governance mechanisms that can be exercised by franchisers on franchise contract compliance and various relationship outcomes. There are many previous studies on control mechanisms in inter-firm relationship, however, most studies focus on ex post governance mechanisms and identify the effects of behavior control and outcome control on performances. Based on transaction cost theory and agency theory, this study defines the ex ante governance mechanisms of franchisers as contractual completeness and extra contractual incentives. The author have examined the two ex ante control mechanisms on contract compliance, recontract intention, multi-shop running intention and opportunistic behaviors of franchisee. Research design, data, and methodology - In this study, 137 questionnaires of food and beverage franchise stores were collected through a specialized research company. The reliability and validity of the variables were analyzed using SPSS 18.0 and AMOS 18.0 programs and hypotheses were verified through the structural equation modeling. Results - As a result of hypothesis testing, contractual completeness and extra contractual incentives have a positive effect on the contract compliance of the franchisee. It is shown that franchisee's contract compliance has a positive effect on recontract intention and multi-shop running intention and has a negative effect on opportunistic behaviors. Conclusions - This study examines the ex ante governance mechanisms such as contractual completeness and extra contractual incentives, which is relatively rare compared to ex post governance mechanism in B2B relationship. According to the results of this research, these two tools can be used as ex ante control mechanisms for franchise headquarters to use their franchisees. In addition, franchisee's contract compliance affects various relationship outcomes between franchisor and franchisees.

Application of Partnering to Design VE to Public Design-Build Projects (공공부문 일괄입찰사업의 설계VE 파트너링 활용방안)

  • Kim, Hae-Gon;Um, Ik-Jun;Koo, Kyo-Jin;Hyun, Chang-Taek
    • Korean Journal of Construction Engineering and Management
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    • v.7 no.1 s.29
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    • pp.110-118
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    • 2006
  • Current design-build contract is the type of joint venture, but performs by separate party which causes change orders due to the lack of communication between design and construction, so it cannot lead the main object which is the integration of design and construction. Furthermore, the current design-build contract is impossible to reduce the project costs by VE at the design development phase because the design proceeds with the fixed price through bidding. Like these limitless, the analysis results of the case of VE in the design-build projects, several problems that are prevented from active design VE are elicited by the project participants. Meanwhile, Ministry of Construction & Transportation decided to enlarge the VE review system lately. Therefore, in this study, it presented model of design VE partnering of design-build and partnering agreements form to apply design VE and to try to be able to lead the design VE to be more successful in public design-build projects.

A Proposal of Interoperability between Social Media and Blockchain-based Smart Contract System for Artwork Trading (예술품 거래를 위한 소셜 미디어와 블록체인 기반 스마트 계약 시스템의 연동 제안)

  • Lee, Eun Mi
    • Journal of the Korea Convergence Society
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    • v.11 no.2
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    • pp.109-116
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    • 2020
  • Social media is growing rapidly as a means of promoting artists' artworks and a channel for sales. However, since social media is not fundamentally a platform designed for trading, it has various limitations that make it difficult to ensure trust and security in carrying out transactions. In this paper, it is proposed interoperability between social media and blockchain-based smart contract system that can record and preserve the artist's profile, information related to artworks and details of the contract on the blockchain. The proposed interoperability allows artwork trading participants on social media to maintain mutual trust and to conduct the contract transparently. Also, the proposed interoperability consists of an API provided by the social media developer or an open source API without having to modify existing social media. This study is expected to contribute to the growth of the art trading market on social media by complementing the art trading practices on social media.

Designing Revenue Sharing Contract for Irrational Newsvendors (소매상의 비합리성을 고려한 공급사슬의 수익 공유 계약 설계에 대한 연구)

  • Lee, Jung Min;Seo, Yong Won
    • Journal of the Korean Operations Research and Management Science Society
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    • v.41 no.2
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    • pp.101-127
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    • 2016
  • Irrational ordering decisions of supply chain members have been gaining growing importance in the area of supply chain management. Irrational ordering behaviors that deviate from the profit maximizing decisions in the newsvendor settings have observed with human experiments in recent research. These behaviors can be modeled with several typical decision bias elements. This bias in ordering decisions affects the performance of supply chain contracts designed based on the assumption that the supply chain members make optimal decisions, making it necessary to design supply chain contracts by considering the irrationality. The purpose of this research is to derive a method to design the revenue sharing contract that considers human irrationality in ordering decisions. This research considers a simple two-echelon supply chain consisting of one supplier and one retailer, where the supplier is assumed to be perfectly rational while the retailer making newsvendor type ordering decisions displays irrational ordering behaviors. Under this environment, this research analytically models the revenue sharing contract to maximize the total supply chain profit or the supplier's own profits while considering the three decision bias patterns of the retailer, which include the pull-to-center effect, the prospect theory, and the increased subjective sensitivity to the revenue sharing ratio. Irrationality parameters are measured through human experiments based on which and through numerical simulations, we showed that significant improvements in the supply chain performance can be achieved.

Comparison of Cost Performance for Delivery Methods on Public Construction Projects (공공 건설공사 발주방식에 따른 비용성과 비교연구)

  • Lee, Yoo Sub;Kang, Tai Kyung;Shin, Eun Young;Park, Wonyoung
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.33 no.6
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    • pp.2575-2582
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    • 2013
  • In the delivery systems for public construction works, design-build methods such as turn-key and alternative have contributed to improving the quality of structures and developing the construction technology. However, it is pointed out that construction based on a design-build method is likely to waste a budget due to its higher contract price than construction based on a design-bid-build method. Other issues such as contract monopoly, bid rigging and deliberation irregularity in design-build. Since there are not much works have been accomplished to comparatively analyze the actual performance and effect based on delivery methods, discussing and judging the performance and effect of each deliver method with limited information could lead to an error. Thus, this study by extensively investigates the actual project cost data, ranging from contract price to the construction cost of the public construction works and comparatively analyzed the characteristics of each delivery method about cost structure and fluctuation trend. This work is expected to assist stake-holders in properly understanding delivery systems for public construction works and promoting their efficient management.