• Title/Summary/Keyword: Formal Contract

Search Result 38, Processing Time 0.026 seconds

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).

Specification Technique of EJB-Based Application using Design by Contracts Approach (DbC 접근법을 이용한 EJB 기반 애플리케이션의 명세 기법)

  • 노혜민;유철중
    • Journal of KIISE:Software and Applications
    • /
    • v.29 no.12
    • /
    • pp.895-906
    • /
    • 2002
  • Due to increased concern about the distributed web application, the interest in EJB - server-side Java component architecture that enables to make out Business Logic without writing codes related to complicated distributed framework - is also increasing. Despite of these increased interest, However, efforts for reliability of these systems have been insufficient. Thus, in this paper, we propose specification technique for applying DbC approach, which can elevate the reliability of software in the Object-Oriented system development, in writing formal specification of EJB-based application. Through this specification technique, developers can gain reliability in the EJB-based application development.

Case Study of Yunhaju Settlement for Korye Saram Migrated from Middle Asian Countries (중앙아시아에서 연해주 정착촌으로 재이주한 재소한인 가족의 주거생활 사례연구)

  • 조재순;이영심;이정규;이선희
    • Journal of Families and Better Life
    • /
    • v.21 no.3
    • /
    • pp.101-107
    • /
    • 2003
  • The purpose of this study was to find out the push and pull factors of migrants from middle Asian countries to Yunhaju, Russia, and housing situations in settlements as well as housing intentions to behave. Four female Korye Saram in Cremobo settlement and Woojung village and 10 male and female elderly in ordinary residences were interviewed during April 22-25, 2003. Changes in national formal language from Russian to lout languages was played the most prominent push role, while availability of settlement and agricultural land and emotional attachment as the second hometown pulled them to migrate into Yunhaju. The housing situation in Cremobo settlement was very poor and almost settlers had already left. The rest settlers wanted to move into Woojung village. The resident in Woojung village hoped to get the formal contract to rent the dwelling and agricultural land. Family adaptations were progressed to solve the housing deficits among settlers both of Cremobo settlement and Woojung village. This research explored a part of the 140 years residential history of Korye Saram.

Development of the Design Management Guidelines to Enhance the Capability of Public Clients (공공 발주자 역량 향상을 위한 설계관리 지침서 및 절차서 개발)

  • Shin, Kyoo-Chul;Park, Hyung-Keun;Lee, Young-Ho;Kwak, Jun-Hwan
    • Korean Journal of Construction Engineering and Management
    • /
    • v.12 no.2
    • /
    • pp.143-151
    • /
    • 2011
  • The process of design management by public client has not performed effectively due to lack of the formal guidelines and procedures in domestic public projects. The purpose of this research is to develop the guidelines and procedures of design management for public clients. The research methodology is to analyze current status of design management process in domestic and overseas cases and to develop the guidelines based on the administrative stages of design process along the project. The guidelines of design management developed by the design stages of pre-contract, contract, and post-contract stages to classify administrative procedures. The outcome of this research is able to be utilized by the public clients and design firms to standardize the process of design management and minimize potential risk during the process of the project.

Analysis of Potential Construction Risk Types in Formal Documents Using Text Mining (텍스트 마이닝을 통한 건설공사 공문 잠재적 리스크 유형 분석)

  • Eom, Sae Ho;Cha, Gichun;Park, Sun Kyu;Park, Seunghee;Park, Jongho
    • KSCE Journal of Civil and Environmental Engineering Research
    • /
    • v.43 no.1
    • /
    • pp.91-98
    • /
    • 2023
  • Since risks occurring in construction projects can have a significant impact on schedules and costs, there have been many studies on this topic. However, risk analysis is often limited to only certain construction situations,and experience-dependent decision-making is therefore mainly performed. Data-based analyses have only been partially applied to safety and contract documents. Therefore, in this study, cluster analysis and a Word2Vec algorithm were applied to formal documents that contain important elements for contractors or clients. An initial classification of document content into six types was performed through cluster analysis, and 157 occurrence types were subdivided through application of the Word2Vec algorithm. The derived terms were re-classified into five categories and reviewed as to whether the terms could develop into potential construction risk factors. Identifying potential construction risk factors will be helpful as basic data for process management in the construction industry.

The New Social Contract and the Digital Bill of Rights : Focusing on Political and Social Context and Institutionalization (새로운 사회계약과 디지털 권리장전: 정치·사회적 맥락과 제도화를 중심으로)

  • Jo, Gye-Won
    • Informatization Policy
    • /
    • v.31 no.1
    • /
    • pp.53-71
    • /
    • 2024
  • Digital transformation calls for a new social contract that must transform the existing norms and paradigms of our society. Digital constitutionalism is a way of building new order through a new social contract and is an ideology that aims to establish and ensure a normative framework for the protection of fundamental rights and balance of power in the digital environment. The Internet/Digital Bill of Rights is a representative example of constitutionalization based on this ideology. Initially, it took the form of an informal, non-binding declaration led by civil society organizations or various stakeholders, setting forth normative principles adapted to the changing nature of digital society. More recently, they have taken the form of formal charters, declarations, or laws containing principles at the national or regional level. The "Digital Bill of Rights" proposed by the Korean government can be seen as an example of this trend, but it does not fully reflect the recent trend of Internet/Digital Bills of Rights in terms of substantive and procedural legitimacy. Even if the government provides a certain normative direction, it needs to be combined with a concrete action plan in each area to create a balance of norms with digital technologies and industries instead of simply being a "declaration".

Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.1
    • /
    • pp.193-222
    • /
    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

  • PDF

The Purposes of the UNIDROIT Principles of International Commercial Contracts (국제상사계약(國際商事契約)에 관한 UNIDROIT 원칙(原則)의 의의(意義))

  • Choi, Jun-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.12
    • /
    • pp.227-252
    • /
    • 1999
  • In this Article the writer introduces the origin and preparation of "the UNIDROIT Principles of International Commercial Contracts". In May 1994 the Governing Council of the UNIDROIT gave its formal imprimatur to the UNIDROIT Principles and recommended their widest possible distribution in practice. After brief discussion of the establishment procedure of the UNIDROIT Principles the writer discusses the legal nature of the Principles as an international restatement of contract law. The UNIDROIT Principles has more flexibility than international convention. But it has deficit in the sense of legal stability. Also the scope of application of the Principles was discussed. It can be applied only to the international commercial contracts. It includes two basic principles in it's application, i. e. "commercial contracts" and "international contracts". For the rest of the Article the writer concentrates on the contents of the Principles and the basic ideas underlying the Principles from the point of view of the comparision between the UNIDROIT Principles and "the UN Convention on the International Sale of Goods" (CISG). The UNIDROIT Principles are only restatements and the CISG is an international convention. The application of the CISG is obligatory due to its nature as an international convention. In the contrary the possibility of the application of the UNIDROIT Principles is more flexible. The UNIDROIT Principles is a more comprehensive instrument than CISG. Therefore it can be applied to all kinds of international commercial contracts. In the contrary the CISG can be applied only to international sales contract. Since CISG only deals with contracts for the sale of goods, and the scope of the UNIDROIT Principles is much wider, no overlap can occur where contracts other than sales contracts are concerned. Rather the UNIDROIT Principles can supplement the CISG and the CISG also can be criteria in interpreting the UNIDROIT Principles. As the conclusion the writer summarizes the meanings of the UNIDROIT Principles and presupposed the futur perspectives of the Principles.

  • PDF

A Successful Method of Construction Insurance Contracts (성공적인 건설공사보험 가입방안)

  • Kim, Young-Jae
    • Proceedings of the Korean Institute Of Construction Engineering and Management
    • /
    • 2007.11a
    • /
    • pp.48-53
    • /
    • 2007
  • A project manager of construction project must analyze risks which might happen during the construction phase and prepare a restoration method against the risks in order to get the successful project's accomplishment. Insurance is a representative kind of risk transfer method and an institution which prevents damages of the insured. In spite of increasing the ratio of construction insurance policy in the construction industry, project managers have regarded the insurance as a formal action in the budget through insurance companies' guides. These aspects make them not be able to valuate the reasonableness of premium rate and the real amount of the risks. This thesis is to present an improved method of construction insurance contract. Firstly, the status of the current construction insurance system have been anlyzed and the problems have been deducted. Secondly the development direction against the problems is presented in the research. Lastly, the procedure model is proposed for acquiring the resonable premium rate of insurance.

  • PDF

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