• 제목/요약/키워드: Joint Contract

검색결과 68건 처리시간 0.023초

국제기술이전계약 체결시 실무상 유의점에 관한 연구 - 물품과 비교하여 기술이 가지는 성격을 중심으로 - (A Study on Practical Implications in the Contract for International Transfer of Technology -Focused on Character of the Technology compared with Goods-)

  • 정희진
    • 무역학회지
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    • 제42권1호
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    • pp.27-45
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    • 2017
  • 기술무역은 기술지식 및 기술서비스와 직접적으로 연관된 국제적·상업적 거래로 정의된다. 기술무역은 물품과 다르게 기술만이 가지는 무형성, 이질성, 가치의 누적성, 권리의 소멸성과 같은 고유한 특징으로 일반적인 매매 이외에도 라이선싱, 제휴 및 협력, 합작투자 등 상업적 목적에 따라 다양한 방식으로 거래될 수 있다. 이러한 다양한 형태를 포함하는 의미로 실무에서는 기술이전(Technology Transfer)이라는 용어가 일반적으로 사용된다. 본고에서는 기술이전이 이처럼 다양한 형태로 이루어질 수 있는 배경을 기술이 가진 성격으로 이해하고자 하며 특별히 전통적인 무역의 대상인 물품과의 비교를 통해 명확히 하고자 한다.

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다수당사자중재에 있어서 중재인 선정방법 (The Method of appointing arbitrators m Multi-Party Arbitration)

  • 강수미
    • 한국중재학회지:중재연구
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    • 제18권2호
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    • pp.79-102
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    • 2008
  • When several parties are involved in a dispute, it is usually considered desirable that the issues should be dealt with in the same proceedings, rather than in a series of separate proceedings. This saves time and money. It avoids the possibility of conflicting decisions on the same issues of law and fact, since all issues are determined by the same tribunal at the same time. Where there is a multi-party arbitration, it may be because there are several parties to one contract, or it may be because there are several contracts with different parties that have a bearing on the matters in dispute. In international trade and commerce, for individuals, corporations or state agencies to join together in a joint venture or consortium or in some other legal relationship of this kind, in order to enter into a contract with another party or parties, where such a contract contains an arbitration clause and a dispute arises, the members of the consortium or joint venture may decided that they would each like to appoint an arbitrator. A different problem arises where there are several contracts with different parties, each of which has a bearing on the issues in dispute. A major international construction project is likely to involve not only the employer and the main contractor, but also a host of special suppliers and sub-contractors. Each of them will be operating under different contracts often with different choice of law and arbitration clauses. The appointment of the arbitrator or the composition of the arbitral tribunal should be in accordance with the agreement of the parties. The parties have to be equally treated in the constituting of the arbitral tribunal and the arbitral proceedings. However, the right of the parties to nominate a member of the arbitral tribunal could be taken away from them, if they are subject to the restrictions by means of the law of the country where the arbitration is taking place. That is, multiple parties jointly should nominate one arbitrator, where there they have to exercise their substantive right in common, or one of them exert his substantive right, then it has an effect on another parties, or they, whether as claimant or as respondent, get the same or similar treatment in the arbitral procedure. Therefore it is necessary to intend to settle multi-party disputes quickly and efficiently.

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협회적하약관(ICC)상 운송조항(Transit Clause)의 변천과정에 관한 연구 (The Revision of Transit Clause in the Institute Cargo Clauses)

  • 이재복
    • 무역상무연구
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    • 제43권
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    • pp.337-370
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    • 2009
  • The Joint Cargo Committee of International Underwriting Association of London (IUA) and Lloyd’s Market Association (LMA) have issued the revised version of Institute Cargo Clauses A, B, C, Institute Cargo Clauses (Air) and their accompanying War and Strikes Clauses. The Institute Cargo Clauses ("ICC") were last revised in 1982. Following a two year long consultation process, the latest edition of the ICC clauses became available to the Market on 1st January 2009. The overall result of the amendments to the 1982 ICC has been to create clearer policies that are more favourable to the Assured. Exclusions have also been amended to the advantage of the assured. The Transit Clause has seen a large revision, again more favourable to the Assured. The insurance now attaches within the warehouse or place of storage when the goods are "first moved$\cdots$ for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit" whereas previously the insurance would not attach until the goods left the warehouse. Furthermore, the insurance now terminates on completion of unloading from the vessel at (rather than delivery to) the final warehouse or at a warehouse prior to the destination named in the contract of insurance which the Assured or their employees elect to use either for storage or distribution.

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고속철도 교량상판의 온도신축작용이 궤도처짐에 미치는 영향과 대책에 관한 연구 (The Effect and Countermeasures of The Vertical Track Settlement Caused by Expand and Contract Behavior of the High-Speed Railway Bridge Girder)

  • 강기동
    • 한국철도학회논문집
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    • 제7권3호
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    • pp.283-289
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    • 2004
  • According to continuos welded rails on a bridge, temperature changes bring about the expansion of the bridge deck adding axil forces on the track. Moreover, the ballast on the bridge deck expansion joint is moved due to the bridge deck. If bridge decks are longer, the influence is greater, loosening ballast, causing track irregularities, and deteriorating passengers' comfort. Considering structure of bridge itself and tolerance of track irregularities caused by the loosened ballast on bridges, the maximum length of a deck should be less than 80m, which is the same as the standard of the French railway. In this study, an interaction between the expansion related to the bridge length and irregularity in longitudinal level referring to measurements and maintenance works performed in the high-speed railways was analyzed. This research shows that installation of sliding plate or vertical ballast stopper is not a good option since it is difficult to install. On the other hand, installation of movable fastener or gluing is easy but its influence is insignificant. To conclude, switch tie tamping or manual tamping is more effective than others.

저작권법의 시각에서 본 연극연출의 창작성과 법적 지위에 관한 연구 (The Study on the Creativity and Legal Status of Directing from Copyright Law Point of View)

  • 정영미
    • 한국연극학
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    • 제40호
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    • pp.401-450
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    • 2010
  • This thesis purposes to suggest that creative stage directors have copyright ownership and we make them create high-quality of theatre direction. Stage directors are sincere creator of the theatre stage today. We have little judicial precedents about stage directors, no artistic examination related directing. Stage directors are performers who have neighboring rights, there is a problem that they won't have the exclusive right of making derivative works in this country. Others will make creation (such as cinemas, animations, novels) based on stage expression without permission, because stage directors don't have exclusive right of making derivative works. Copyright law can't protect the concept of stage directors and building blocks of them which are drama text, actors and theatre space, because copyright law don't protect idea according to idea/expression dichotomy. The expression of stage direction is belong to five fundamentals which are composition, picturization, movement, rhythm, pantomimic dramatization that are come from Dean & Carra's work. Directors' work is to make theatrical works based on literary works. Therefore, theatrical works are derivative works which based on drama texts. Also, theatrical works are able to be joint works. In the case of that stage directors write drama text and create expression on the stage, they have to own authorship of both works. Merger doctrine should not apply theatre directors' works strictly like any other functional works because stage directors usually create noble expression which have been not before. We need shift of the definition of theatrical works which are derivative works or joint works to protect theatre directors' creativity. Hereafter, the special legal section for dramatic(theatrical) works including the flexible legal definition for performing arts should be established, and 'contract form' for stage directors should be made. Acting edition(literary works) should be published to grant creative directors compensation. I emphasize to grant ownership of copyright to creative stage directors, to encourage directors' works. Therefore, copyright law will be the support for development of cultural arts institutionally.

Consignment Review: Investigation into Its Potential as a Supply Chain Collaboration Program

  • Ryu, Chungsuk
    • 유통과학연구
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    • 제12권7호
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    • pp.89-101
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    • 2014
  • Purpose - This study aims to show that consignments can enable supply chain collaboration, based on the review of selected studies, and aims to investigate its potential to be a better collaboration program, through an analytical comparison with other collaboration initiatives. Research design, data, and methodology - This study uses a literature review on selected studies that researched consignments. In addition, based on the proposed framework, the current consignment process and other well-known collaboration programs are analyzed in terms of three key collaboration aspects. Results - Most studies employ simple research in terms of their purpose and methodology. An analysis with the proposed framework indicates the potential of consignments to foster supply chain collaboration. Conclusions - Based on the literature review, this study suggests that future research needs to aim for diverse research goals and conduct sophisticated research on consignments. An analysis with the proposed framework shows that consignments would be more effective for supply chain collaboration if active information sharing and joint decision-making are implemented.

LNG 플랜트 사업관리 요소 도출 및 중요도 평가 (Elicitation Project Management Factors and Evaluation of its Weight to Ensure LNG Plant Success)

  • 한재구;진경호;박환표
    • 한국건축시공학회:학술대회논문집
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    • 한국건축시공학회 2010년도 춘계 학술논문 발표대회 2부
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    • pp.85-89
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    • 2010
  • The propose of this research is derive project management factors and evaluate its decision weight in LNG plant EPC phases. In order to research, we studied the demestic and international research trend and analysed expert opinions. Initially we derived nine project management factors in each phase of EPC. Elicited factors in research are project management, design management, cost management, time management, contract and craim management, safety management, environment management, and risk management. Then, we evaluated the weight of project management factors with expert survey method and elicitated. Finally, The remarkable points in the result are that key management factors of EPC project are project management and risk management.

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가로주택정비사업의 사업시행 지연요인에 관한 연구 - 인천광역시 사례를 중심으로 - (A Study on Implementation Delay Factors of the Block-unit Housing Renewal Project - Focused on the Incheon Metropolitan City -)

  • 한영훈;나인수
    • 한국BIM학회 논문집
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    • 제12권4호
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    • pp.32-40
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    • 2022
  • The block-unit housing renewal project was presented as an alternative method to overcome the side effects of large-scale renewal projects while improving poor residential conditions. However, projects implementation is prolonged and even the pace of projects, which was considered an various incentives, is being delayed for the most part. In this study, delay factors are drawn by eight; conflict among association members, contract delay of joint implementation, participation paucity of constructor, inadequate project guidelines, alteration of project plan, lack of renewal project professionals, stricter loan restriction of HUG, lack of capacity of project operator. We categorized those eight factors to three aspects such as implementation, participants and proposition and suggested improvement alternatives according to three aspects.

MODEL FOR GOVERNMENT RESCUE POLICIES IN PUBLIC-PRIVATE PARTNERSHIP PROJECTS

  • S. Ping Ho
    • 국제학술발표논문집
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    • The 1th International Conference on Construction Engineering and Project Management
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    • pp.996-1001
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    • 2005
  • Today, government is no longer considered the sole provider of public works or services. Public-Private Partnership (PPP) has been recognized as an important approach to solving problems for governments in providing public works and services. However, the joint ownership of public works/services complicates the administration of PPP projects. Particularly, the fact that government may rescue a distressed project and renegotiate with the developer causes serious problems in project procurement and management. This paper aims to study when and how government will rescue a distressed project and what impacts government's rescue behavior has on project procurement and contract management. A game-theory based model for government rescue will be developed. This pilot study, the author hopes, may provide theoretic foundations to practitioners/policy makers for prescribing creative PPP procurement and management policies and for examining the effectiveness of PPP policies.

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초등학교 급식에서 구매자 - 공급자 관계의 성공요인에 관한 연구 - 구매자의 관점에서 - (A Study on Success Factors of Buyer - Supplier Relationship in Elementary School Lunch : From the buyer's viewpoint)

  • 이윤주;박경숙
    • 대한영양사협회학술지
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    • 제8권1호
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    • pp.1-8
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    • 2002
  • The purpose of this study is to clarify success factors for desirable relationship between buyer and supplier in elementary school. Therefore, the survey questionnaire consisted of general background, past success, success difference, buyer-supplier relationship characteristics(trust, supporting status, communication behavior, conflict resolution techniques, supplier selection process). The subjects were 66 dieticians of elementary school in Inchon. The statistical analysis of data was completed using SPSS program. The results were summarized as follows : Average total cost/day per one person ₩1,156. The number of suppliers per one school were 6. 92.3% of the subjects were in favor of private contract, regarding contract methods of purchasing food materials. For the past success, degree of satisfaction about past their supplier showed 3.49 score. The present success difference was shown higher than the past success. There was significant correlation between the past success and the present success difference. Trust about suppliers showed 3.40score. Supplying companies hardly support for buying school. Among information quality(timely, accurate, adequate, complete, credible), timely and complete showed lower score than the other kind of elements. Among the buyer-supplier relationship characteristic elements, only trust correlated with satisfaction about suppliers significantly. Among the conflict resolution techniques, joint problem solving and persuasive attempts were often made use of by subjects. The supplier selection criteria were shown quality(7.47), supplier's capabilities(6.46), management plan(6.00), price(5.73), scale(5.48), assets(5.27), considers delivery(4.76) and technology(2.39). As results, trust was needed for the desirable relationship between buyers and suppliers. This study has some limitations. The data in this study were collected from only buyer. It is more desired to acquire data from suppliers also.

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