• 한국중재학회지:중재연구
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• 제18권3호
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• pp.51-69
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• 2008

The financial industry in which arbitration is most frequently resorted to so as to resolve disputes is the sector related to the securities industry. Most securities related disputes are raised from broker-dealer controversies which is not new in the Republic of Korea. The disputes between securities brokers and customers are very frequently settled by arbitration in the United States. But the arbitration in the securities area may deprive investors from securities regulation's protection. Introducing the United States' Federal Supreme Courts cases, the author explores the logic of how the pre-dispute arbitration agreement compatible with Securities regulations. However, the author insist the South Korea should more careful in accepting pre-dispute arbitration contract in securities area. Mostly because of the lack of more specific way to secure substantive fairness in securities arbitration. Also the author worries about the possibility of prevailing pre-dispute arbitration agreement in all of the securities investment contract without any other choices, or securities laws' protection. But the author also suggests to introduce public securities arbitration system of the States, and also insists the way to secure substantive fairness, or the application of securities regulations in securities arbitrations. Which may be the pre-requirements for the pre-dispute arbitration agreement in securities investment contract.

• 무역상무연구
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• 제38권
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• pp.155-180
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• 2008

The purpose of this paper is to examine the major elements of Arbitration Clause in international investment contracts and to help the investor, especially foreign investors, considering these elements when they draft the contracts. First of all, to describe the extent of the arbitrable issues broadly is very important by using the phrase such as "disputes in connection with". Furthermore in order to be enforceable, the issues must be a subject-matter to be submitted to arbitration in accordance with the laws of the place of arbitration and the law application to the merits of the disputes (N.Y. Convention, Art. II). Second, the appointment of the arbitrators usually shall be based on the principle of freedom of contract. If the parties do not agree on the appointment, it is decided in accordance with the arbitration rules of the institution by the tribunal. Third, the procedural rules of the arbitration are the arbitration rules of the arbitration institution in case of institution arbitration, unless otherwise agreed. Forth, what is the most importance element of Arbitration Clause is the place of arbitration. In this case, also the principle of freedom of contract has priority. Unless otherwise agreed, Washington is the place of arbitration in case of ICSID Arbitration, but in case of ICC Arbitration, neutral third country may be the place of arbitration. However in case of ad hoc arbitration, both parties should indicate the place. If not, the whole arbitration may be paralysed by an uncooperative party. Besides the major elements, I examined the relation between the arbitration clause and award enforcement in terms of sovereign immunity. The enforcement of awards in the field of state contracts many encounter the problem of the sovereign immunity, which means that the State itself or the State enterprise is the contract partner. To avoid the this problems, it is advisable for the parties insert the clause such as ICSID Model Clause XIX.

• 한국건설관리학회:학술대회논문집
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• 한국건설관리학회 2001년도 학술대회지
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• pp.119-126
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• 2001

국내에서 대규모로 진행되고 있는 민간투자사업의 시행에는 많은 난제들이 산재해 있으며, 특히, 민간의 창의와 효율성을 극대화하고자 $\lceil$사회간접자본시설에 대한 민간투자법$\rfloor$ 에 명시된 총사업비 사전확정 및 사후정산 금지규정은 사업비변경과 관련하여 정부와 사업시행자간 분쟁의 요소를 제공하고 있다. 본 연구에서는 민간투자사업의 총사업비 변경에 관련된 문제점들을 파악하고, 그의 개선을 위한 총사업비변경 관리방안을 사업관리요소인 계약·조직·정보·비용·공정관리의 틀로서 접근, 분석하였다. 계약관리의 측면에서 실시협약 관련조항의 표준안을 구축하고, 조직관리의 측면에서 업무범위를 명확화한 업무플로우를 수립하고자 하였다. 아올러 정보관리의 측면에서 설계서 변경관리의 효율화를 위한 도면, 문서관리시스템(DMIS)을 제안하고, 비용·공정관리의 측면에서 실공정과 일치되는 통합 내역관리방안을 제시하고자 하였다.

• 무역상무연구
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• 제44권
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• pp.239-255
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• 2009

The purpose of this article is to examine the Utilization of Umbrella Clauses in Investor-State Contract Disputes. To accomplish the purpose, this article analyzes the ICSID case of SGS v. Pakistan and SGS v. Philippines. Umbrella clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. In particular, two recent ICSID decisions, SGS v. Pakistan and SGS v. Philippines, have brought to the forefront the question of whether the umbrella clause applies to obligations arising under otherwise independent investment contracts between the investor and the host State. In focusing on the SGS decisions, this article will give some useful guidelines to Government and Academia under currently prevailing environment of the Free Trade Agreement("FTA") in Korea.

• 농업생명과학연구
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• 제46권3호
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• pp.143-151
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• 2012

이 논문은 육계 사육농가들에 대한 설문조사 자료를 이용하여 홀드업 문제로 인한 저투자 문제가 존재하는지를 분석하였다. 육계사육농가는 계열화업체와 계약시에 계사를 보유하여야 한다. 만약 계열화업체가 홀드업을 야기할 가능성이 있음을 농가가 알 경우 농가는 관계특수 자산에 대해 최적이 아닌 그보다 적은 양을 투자할 것이다. 분석결과를 보면, 육계 사육 농가가 금번 계약이 종료된 이후에 새로운 계열화업체를 찾기 어려울 경우 저투자 문제가 존재함을 보여주고 있다. 또한 육계 사육 농가는 계열화업체로부터 계약서에 없는 부당한 사항을 요구당할 경우 통계학적 유의성은 낮지만 그로 인해 저투자 문제가 발생할 수 있음을 보여준다.

• 한국경영과학회지
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• 제42권1호
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• pp.1-17
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• 2017

This study investigates a buyer-supplier supply chain, in which a buyer delegates the production process to a supplier as in many practices. The consumer's buying intention and overall supply chain performance are affected not only by the buyer's decision on sales price but also by the supplier's decision on product quality. Therefore, the buyer has a motivation to control the supplier's quality investment. Among various incentive schemes that the buyer can adopt in practice, we consider a revenue-sharing contract and investigate its unique characteristics. By comparison with a typical wholesale price contract, we reveal that the revenue-sharing contract can enhance supply chain's overall performance, including quality, demand, and profits of not only overall supply chain but also each player. We contribute to the academia and the supply chain practice by providing important guidelines in adopting incentive schemes and effectively managing product quality in a supply chain.

• 한국중재학회지:중재연구
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• 제24권2호
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• pp.183-197
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• 2014

1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

• 대한영양사협회학술지
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• 제10권3호
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• pp.293-299
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• 2004

The purposes of this study were to : a) investigate the current status of contracted hospital food services, b) analyze and clarify various perspectives of contractors and hospitals. Thirty six hospitals and their contractors which were having more than 100 beds located in Seoul, Inchon and Kyungkido, were the subjects of this study. Data were collected through surveys. The survey was conducted during March to April in 2002. Questionnaires were mailed to the 36 directors of dietetic departments of hospitals and 36 managers of contract foodservice management company. Statistical analysis was completed using SPSS Win(11.0) for descriptive analysis, t-test and $x^2$-test. The results of the study can be summarized ; 1. The type of contract considered adequate by directors of dietetic departments and managers of contractors was fee-contract, combined type, followed by profit-and-loss contract. 2. According to the results from analysis on the contract cost per meal considered adequate by directors of dietetic departments and managers, the directors of dietetic department indicated that showing no difference with the current contract cost per meal. However, the managers of contractor indicated that showing significant differences compared with the current contract cost per meal(regular diet p<0.01, therapeutic diet p<0.001). 3. In the composition of contract cost per meal considered adequate, the managers of contracting businesses accounted labor cost (p<0.01) as a major cost, whereas the chiefs of nutrition departments accounted miscellaneous or controllable expense (p<0.001) and VAT (p<0.01) as major costs. 4. The directors of dietetic departments and managers thought that the hospital should be responsible for utility costs. On the other hand, directors of dietetic departments regarded that the contractor and managers thought that the hospital should pay for facility investment cost.

• Asia Marketing Journal
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• 제12권3호
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• pp.25-41
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• 2010

기업의 신제품 개발과정에서 고객참여는 중요한 전략적 역할을 한다. 본 연구는 고객참여를 고객공동개발 (customer co-development) 과 계약개발 (contract development) 로 구분하고, 고객참여 발표가 기업 가치에 미치는 영향을 이벤트 연구를 통해 분석한다. 바이오 및 제약 산업에 대한 분석을 통해, 본 연구는 계약개발 대비 고객공동 개발이 기업 가치에 미치는 영향은 기업 및 관계 변수에 의해 조절됨을 밝힌다. 특히, 본 연구는 연구개발 협력경험이 많을 때 또는 지분투자를 동반할 때, 고객공동개발이 계약개발에 비해 기업 가치에 양의 영향을 미침을 보여준다.

• 통상정보연구
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• 제8권3호
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• pp.193-206
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• 2006

The United States demands that the Korean Government include in the WTO GPA the privately invested projects of the BOT contract. Controversy surrounding BOT contract will continue. As of result of opening up of private investment market including BOT contracts, inflow of foreign capital will be expanded, and it will provide an opportunity for rectifying any unreasonable policies or regulations. With active penetration of foreign companies, there is a possibility for deepening of competition in the private investment market, and if a foreign administrative company is selected, possibility of assigning high value works such as design to foreign companies leaving labor intensive work such as construction to domestic companies exists, and also, difficulties resulting from agreement between the employer and the foreign administrative company exists. Large-scale construction companies must put forth their efficiency and creativity, and through revolutionary constructions by private sectors, reduction in construction cost should be made possible, and must also increase efficiency in maintenance, repair, and management of the facility. On the other hand, in order for Korean construction companies of BOT businesses to be able to enter the foreign BOT industry, the government needs to conduct studies in information and policies of various nations.