• Knowledge Management Research
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• v.11 no.3
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• pp.31-45
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• 2010

IT outsourcing studies have centered on the separate effect of formal contract and relational trust on IT outsourcing performance. In addition, previous studies ignored the importance of the relational capability that combine the formal contract and partnership can be able to deliver IT outsourcing effects. In this paper, we propose an IT governance commitment as a mediated role between relational capability and IT outsourcing performance. We collected data from 143 client companies of IT outsourcing and analyzed it using the PLS method. Our findings are revealed as following: At first, relational capability significantly and directly influence IT governance commitment as well as indirectly through formal contract and partnership. Secondly, IT governance commitment mediate between relational capability and IT outsourcing effect, and in turn affect IT outsourcing performance. The results and implications are further discussed.

• Journal of Internet Computing and Services
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• v.11 no.2
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• pp.155-164
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• 2010

The purpose of this paper is to propose critical success factors for effectively managing information systems(IS) outsourcing. The survey method was used for this paper, and data from a total 106 companies that were listed greater than $10 million were used for the analysis. To analyze the data, structural equation model was used. The results of this empirical study is summarized as follows. First, both formal control based on contract and informal control based on trust have a positive effect on control level which is a determinant indicator of IS outsourcing performance. Second, management capability such as preparedness capability and relationship capability have a positive effect on formal and informal control mechanism. The findings have important implications for the role of trust and management capability in formal management control.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.544-548
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• 2021

Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

• Journal of Korea Trade
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• v.25 no.7
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• pp.108-121
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• 2021

Purpose - This paper studies whether the CISG is applicable to the arbitration agreement when the validity of the arbitration agreement becomes an issue. To make the study clear, it limits the cases assuming that the governing law of the main contract is the CISG and the arbitration agreement is inserted in the main contract as a clause. Also, this paper discusses only substantive and formal validity of the arbitration agreement because the CISG does not cover the questions of the parties' capacity and arbitrability of the dispute. Design/methodology - This paper is based on scholarly writings and cases focusing on the principle of party autonomy, formation of contract and the doctrine of separability to discuss characteristic of arbitration agreement. In analyzing the cases, it concentrates on the facts and reasonings that show how the relative regulations and rules are interpreted and applied. Findings - The findings of this paper are; regarding substantive validity of arbitration agreement, the courts and arbitral tribunals consider general principles of law for the contract and the governing law for the main contract. In relation to formal validity of arbitration agreement, the law at the seat of arbitration or the law of the enforcing country are considered as the governing law in preference to the CISG because of the recognition and enforcement issues. Originality/value - This paper attempts to find the correlation between the CISG and the arbitration agreement. It studies scholars' writing and cases which have meaningful implication on this issue. By doing so, it can provide contracting parties and practitioners with some practical guidelines about the governing law for the arbitration agreement. Furthermore, it can help them to reduce unpredictability that they may confront regarding this issue in the future.

• Asia Marketing Journal
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• v.12 no.3
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• pp.25-41
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• 2010

Customer participation is a strategic tool to facilitate the process of developing new products. This study distinguishes between two types of customer participation - customer codevelopment and contract development, and examines the benefits of customer codevelopment relative to contract development for firm value through an event study. The analysis of customer participation announcements in the biotechnology and pharmaceutical industries shows that the benefits of customer codevelopment relative to contract development on firm value are contingent upon firm- and relationship- level factors. Specifically, this study finds that the announcement of customer codveloplment contributes better to abnormal stock returns of a firm when the firm has a higher level of R&D relationship experience or when the customer codevelpment is complemented by formal contract terms, such as equity investment. The findings of this study provide important theoretical and managerial implications by revealing the boundary conditions for the benefits of customer codevelopment relative to contract development.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.135-153
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• 2012

Incoterms is a standard transaction terms and conditions which is established to provide goods delivery, cost and risks between the seller and the buyer as a principle concerned. Incoterms is made of international rules about regular uses of transaction terms and condition. It removes uncertainty of misunderstanding and applying rules, commercial customs and etc, between nations. Incoterms does not have an enforcement like an unified rules or an agreements established between different nations. Therefore, it is just considered as a standard formal terms and conditions from International Chamber of Commerce. For those reasons, validity of Incoterms applies only when parties of contract come to an agreement not by officially adopted or applied by law in each nation. Incoterms 2010 contains specific and clear articles which is fixed version of incoterms 2000, it has insufficient points on insurance contract article. Though, insurance contract belongs to sales contract, it sustains independence itself. It is difficult to sustain perfection until establishment of insurance contract and expiration by fixing the articles. As a result, it is necessary for sellers and buyers take a full responsibility of making complete insurance contract. This paper is written for those reasons in this filed.

• Journal of Korean Institute of Industrial Engineers
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• v.27 no.1
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• pp.37-46
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• 2001

Business process(workflow) analysis has been recognized as a core step to building information systems. However, most analysts have recognized that deriving consistent business process artifacts even in a simple business domain is very difficult, since most analysis methods give the designers narrative and/or diagrammatic tools that do not support rigorous analysis rules. This often generates inconsistent analysis results, leading to create useless information systems and resulting in tremendous budget wastes. To overcome this weakness, this paper presents a declarative business process modeling method called contract-collaboration net(cc-net), which is not only somewhat formal but also useful to the practitioners. A case study on bank domain is presented to illustrate our approach.

• Journal of Computing Science and Engineering
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• v.7 no.4
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• pp.251-262
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• 2013

Bad smells are usually related to program source code, arising from bad design and programming practices. Refactoring activities are often motivated by the detection of bad smells. With the increasing adoption of Design-by-Contract (DBC) methodologies in formal software development, evidence of bad design practices can similarly be found in programs that combine actual production code with interface contracts. These contracts can be written in languages, such as the Java Modeling Language (JML), an extension to the Java syntax. This paper presents a catalog of bad smells that appear during DBC practice, considering JML as the language for specifying contracts. These smells are described over JML constructs, although several can appear in other DBC languages. The catalog contains 6 DBC smells. We evaluate the recurrence of DBC smells in two ways: first by describing a small study with graduate student projects, and second by counting occurrences of smells in contracts from the JML models application programming interface (API). This API contains classes with more than 1,600 lines in contracts. Along with the documented smells, suggestions are provided for minimizing the impact or even removing a bad smell. It is believed that initiatives towards the cataloging of bad smells are useful for establishing good design practices in DBC.

• Proceedings of the IEEK Conference
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• 2006.06a
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• pp.225-226
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• 2006

A service level agreement (SLA) is a formal contract between a service provider and a subscriber that contains detailed technical specifications called service level specifications (SLSs). In this paper, we propose SLA data analysis system which provides an effective decision-making information to network service provider. The SLA data analysis system executes trend analysis and statistics analysis using SLA violation and refund information. The analysis results are presented in many ways such as tables, graphs.

• Korean Journal of Social Welfare
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• v.62 no.4
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• pp.79-102
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• 2010

This paper aims to analyse the recent changes in social welfare services from a relational perspective. Discourses of the privatization of welfare state, the welfare mix approach, and consumerism have provided frames for interpreting the changes in social services in Korea. The nature of social welfare services, being a "relational goods" requires its focus to be in its relational aspects: the relation between service user and service practitioner; the relation between service user and provider; the relation between service user and government; the relation between service practitioner and provider; the relation between service practitioner and government; and the relation between service provider and government. Analysis of such relations will explore their transformation toward formalness and equality in social welfare services. In conclude, the study reveals a process of modernization, defined as a transition from informal relations to formal contractual relations, based on one's rights, responsibilities and obligations. Previous relations, of paternalistic, arbitrary and hierarchical characteristics, can be seen as being substituted by more formal, institutionalized and equalized relations. In terms of service purchasing contract between service user and service provider and employment contract between service provider and service worker are recognized with the latter characteristics. This relational analysis leads a discussion concerning the creation of institutional basis of one's rights and responsibilities in the fields of social welfare services in Korea.