• 제목/요약/키워드: Joint Contract

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영국해상보험법의 최근 개정동향 및 시사점 - 2015년 영국 Insurance Act를 중심으로 - (A Study on the Recent Trends for Reforming the MIA 1906 and Comments on them - Focusing on the Insurance Act 2015 -)

  • 전해동;신건훈
    • 무역상무연구
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    • 제69권
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    • pp.407-426
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    • 2016
  • The Marine Insurance Act 1906 (MIA 1906) has been a successful piece of legislation, having rarely been amended and having established, or served as an influence in the development of, the basis of marine insurance legislation in several countries. However, it has been recognised that some parts of the MIA 1906 have begun to show their antiquated nature, especially where established principles which were once thought to reflect undoubted propositions of law are now being openly criticised. Since 2006, the Law Commission and Scottish Law Commission (the 'Law Commissions') have been engaged in a major review of insurance contract law, finally leading to the Insurance Act 2015. The Insurance Act 2015 received Royal Assent on 12 February 2015, and was based primarily on the joint recommendations of the Law Commissions. The 2015 Act made substantial changes to several main areas of marine insurance law & practice: (i) the replacement of the pre-contractual duty of disclosure with a duty to make a "fair presentation of the risk"; (ii) the abolition of the "insurance warranty" under the Marine Insurance Act 1906, s.33, and provision of a new default remedy of suspension of liability until the breach is cured; (iii) partial codification of the fraudulent claims rule in insurance contract law, etc. The Act did not provide for any new statutory duty for insurers to investigate or pay claims in a timely fashion, although this may be revisited in the next Parliament. Moreover, the Law Commissions have reopened their consideration of the doctrine of insurable interest. The 2015Actmay not then signal the end of the legislative programme in this area.

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

  • 김해곤;엄익준;구교진;현창택
    • 한국건설관리학회논문집
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    • 제7권1호
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    • pp.110-118
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    • 2006
  • 현행 일괄입찰방식은 분담이행방식의 공동도급형태로 운영되고 있어, 참여업체간의 의사소통 부족으로 설계기술과 시공기술의 접목이라는 일괄입찰방식 본래의 취지를 살리지 못하고 있다. 또한 입찰을 통해 확정된 총액금액으로 설계가 진행되므로 실시설계단계에서 VE활동을 통한 원가절감 노력이 거의 이루어지지 않고 있는 실정이다. 이에 본 연구에서는 현행 설계시공일괄방식의 특성을 파악하고 설계VE 적용사례를 분석하여, 설계VE 적용의 문제점이 무엇인지를 파악한 후, 일괄입찰사업 수행절차에서 설계VE 적용의 효과를 극대화할 수 있는 파트너링의 활용방법 및 그 적용시기를 제안한다.

상속재산협의분할과 법정해제 -일본(日本) 최고재판소(最高裁判所) 1989. 2. 9. 판결(判決)을 소재로 하여- (Division of Inherited Property by Agreement and Legal Rescission -focusing on Japanese Supreme Court Decision delivered on February 9, 1989-)

  • 정구태
    • 한국콘텐츠학회논문지
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    • 제13권1호
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    • pp.175-185
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    • 2013
  • 연구대상판결은, (1) 상속재산분할은 그 성질상 협의의 성립과 동시에 종료하고 그 후에는 그 협의에서 그 채무를 부담한 상속인과 그 채권을 취득한 상속인 간의 채권채무관계가 남을 뿐이라는 점, (2) 협의분할의 법정해제를 인정할 경우 소급효를 갖는 상속재산의 재분할이 불가피하게 되어 법적 안정성이 크게 저해된다는 점을 근거로 하여, 협의분할의 법정해제를 부정하였다. 그러나 (1) 상속재산협의분할은 실질적으로 공동상속인 상호 간의 지분교환 양도 포기에 상당한 처분의 성질을 가진다는 점, (2) 공동상속인 전원에 의한 협의분할의 합의해제에 있어서도 소급효를 갖는 상속재산의 재분할이 불가피함에도 불구하고 합의해제의 유효성을 인정하는 데 아무런 이론(異論)이 없다는 점에서, 협의분할이 실질적으로 공동상속인 간의 부담부증여와 같은 성질을 가지는 경우에는 협의분할에 대한 법정해제도 인정하는 것이 온당하다. 다만, 상속재산분할협의는 공동상속인 전원이 참여해야만 성립되는 계약이므로, 협의분할시 상속인 일방이 부담한 채무의 불이행을 이유로 하는 협의분할의 법정해제도 그 일방을 제외한 다른 공동상속인 전원의 의사표시에 의해서만 가능하다고 보아야 한다.

육계 통합체계(계열화) 전개 과정상의 사이비 계열주체 문제 (Pseudo-Integrators in the Evolution of Bores′s Broiler Integration)

  • 김정주;박영인
    • 한국가금학회지
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    • 제20권2호
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    • pp.107-114
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    • 1993
  • The structure change in the broiler industry of Korea has been taking place very rapidly toward the direction of integrated production and marketing system. During the course of the evolution into the integrated structure, however, a number of small business entities, uncountable nationally but a minimum of a dozen, that previously engaged in the supply of production factors or live bird transaction also tended to get involved in the new system as a disguised or pseudo-integrator, having brought a lot of problems not only to the farmers but also to the development of integrated structure. The pseudo-integrator is generally characterized by limited functions in such a way of supplying chicks and feeds to and collecting grown birds from farmers under the contract at a fixed farmer's payment in practically the same pattern as a partial or quasi-integration, which intends to act as if an integrator in a stratagem to simply enjoy a margin simply from selling supplies and buying products for a certain period of time. The grower making a contract with appears to be a farmer who used to be an Independent and speculating but not able to join in the normal system of evolving integration. The problems of a pseudo-integrator center on the financial loss to a contract farmer, because the falsified integrator has to become easily bankrupt and run away when the price of live broiler continually stays below the cost of production, even though he is able to make a tremendous profit otherwise which is the real purpose of the operation for. It is true that the volatile market, fluctuating the price up more than doubled in a month and down to a half in a few weeks, makes the pseudo-integrator find the room for such a fraudulence. In addition, its activity also adversely affect the evolution of the integration due to rather negative image on structure change in general. It is recommended that the farmers need to better understand the real picture of the integrated system so as not to be swindled by a disguised, small scale agribusiness agent. By the same token, it is also equally required to have the whole industry integrated completely as early as possible. The Joint effort to get rid of pseudo-integrators' problems shall be put for the industry development moving toward the integration. No doubt a pseudo-integrator must be a temporary player for chance emerging during the course of structure change into the integrated, though.

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인도 녹색산업 진입 전략에 대한 탐색적 연구 - 재생에너지 분야를 중심으로 - (The Exploratory Study on the Entry Mode for Indian Green Industry)

  • 박현재;박세훈
    • 무역상무연구
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    • 제55권
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    • pp.265-290
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    • 2012
  • CEPA (Comprehensive Economic Partnership Agreement) between India and Korea may vitalize Korean economy more and more. Currently most of Korean firms have entered into manufacturing industries like electronics and automobiles. But only a few Korean companies are trying to penetrate into Indian green industry so this paper suggest how to enter into Indian green industry, especially renewable energy sectors. First, Exporting main shaft, tower-flange and polysilicon products can be considered, as a first step of entry mode. Second, entry mode based on contract like technology licensing, strategic alliance and joint venture establishment can be also one of options. For example, Korean solar energy industry which show more competitiveness than that of Indians should try to make technological licensing on PV modules. In addition to this, they should also try to make joint ventures with right Indian partners and build up 'Solar City' nearby regions like Gurgaon in India where many Korean firms are located. Korean shipbuilding firms like Hyundai Engineering which keep on developing wind turbo engines can also try to make strategic alliance with Indian firms like Suzlon which has strong competitiveness. After that, they should explore Korean and Indian wind sector markets together. Third, brownfield investment can be last and final option as a entry mode as we consider the peculiar characteristics of renewable energy industry. Lastly, Korean government which are rush to indulge into green business should formulate more proper and realistic policies to give big incentives the concerned firms which are trying to open international green market so government should make Korean green firms not to lose good market opportunities related to green industry like renewable energy sectors. Renewable energy sectors are basically regarded as infrastructures so close contact to Indian central government as well as state government will be also required.

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230KV 2회선승 111M 높이 철탑설계 (I) (강폭 12km인 Bangladesh Jamana강 횡단용) (The design of 111m high steel towers with 220kv double circuits crossing 12 km wide Bangladesh River)

  • 이재숙
    • 기술사
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    • 제15권4호
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    • pp.12-24
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    • 1982
  • East Parts of Bangladesh have been benifited by low cost energy generated by domestic natural gas but West parts where energy generated by imported fuel. Bangladesh Government authority has very much concerned to transmit the low cost electricity to the West from the East for past several years. To solve such concerns, cross-country 230kv double circuits Power transmission line was proposed, however there was a big obstacle for the realization of this line to cross the Jamuna river which has 12 km long width with a deep muddy river bed. A consultant engineering firm named Merz-Mclellan anyway finalized this plan and a world-wide bid was announced on June 31, 1979. Due to the expected difficulty to construct the towers on sea like area, only three construction groups have participated. including a Korean joint venture organization of Samsung-Korean Developement corporation-Kolon Electric Machinery company. After 3 months bid evaluation, contract was awarded to Korean Consosium and KEM Co was in charge of designing steel towers with anchor bolts and base plates beside to electrical engineering field. Then KEM Co have faced and over-comed many unenpected technical difficulties such as forced eccentricity joint on base plate, distorsion issue of 60mm thick plates welding, threading anchor bolts, tad heat treatment of some anchor bolts, disagreement from Consultant Engineer on multiplying factor of leg stresses for 45$^{\circ}$ wind and on reducing O.L.F for wind loads on cables for such 1220km long spans. After spending two years long period for designing and engineering towers, base plates, and anchor bolts, first shipment of tower was finally realized on Nov. 8, 1981 and on the other hand KDD has proceeded concrete caisson work on schedule at Jamuna river site and expected to complete tower erection and stringing of cables within this year of 1982 which was original completion target.

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관절염 환자 자조관리과정 후 환우모임을 통한 추후관리 효과에 대한 연구 (The Effects of Follow-Up with Peer Group Meetings after Self-Help Program for Arthritis Patients)

  • 이인옥;서문자;이경숙
    • 근관절건강학회지
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    • 제8권1호
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    • pp.109-121
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    • 2001
  • The purpose of this study was to find out the long-term effects of the self-help program through the follow-up with peer group meetings of arthritis patients. In order to fulfil the purposes, the follow-up program with peer group meetings was developed by researchers with consisting of monthly health contract, group discussion, group counseling, recreation, and exercise. This program was carried out 2-3 hours once in a month for 5 months (1999-2000) and evaluated in a nonequivalent control group pretest-posttest quasi-experimental design. The subjects were 34 patients of experimental group and 24 of control group. The measurement tools of this study are pain rating scale(Lee & Song), KHAQ(Bae), rating scale of fatigue, and goniometer. The results of this study revealed no significant differences on number of pain site, fatigue, physical functioning, flexibility of the shoulder joints, and level of the extension of the knee joints between experimental group and control group. Whileas pain reaction of the control group was significantly high. However, the peers expressed very much their satisfaction and appreciations with the follow-up program with Peer group meetings. Actually, they wanted to have this peer group meeting continuously. This results suggested that the follow-up program with peer group meeting could be recommended as good nursing intervention to help the arthritis patients after having the Self Help Program in the community setting.

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경근 치료방법 중 지속적 견인요법의 효과에 관한 실험적 연구 (The Experimental Study of the Effects of Continuous Traction Therapy in Meridian Sinews Therapy)

  • 신정훈;황성연;금경수;김재효;손인철;안성훈
    • Korean Journal of Acupuncture
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    • 제29권3호
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    • pp.385-395
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    • 2012
  • Objectives : Meridian sinew theory was introduced in Miraculous Pivot, Huangdi's Internal Classic, to explain in relation with locations of meridian sinews, causes, mechanisms, and treatment of diseases. The meridian sinews are understood to include muscles, tendons and ligaments, or muscles in the superficial body made up with muscles, ligaments, tendons, fascia etc. This theory shows the similarity or organic relationship between the meridian sinews and muscles. From the Hippocrates(460-385 BC) ages, traction therapy was used as a treatment method on muscular diseases such as low back pain, scoliosis, etc in western medicine. The effects of traction therapy, however, were unclear so that this study was purposed to illustrate the effectiveness of continuous traction therapy and to develop meridian sinews treatment. Methods : We made 2 hypotheses to explain the cause of scoliosis occurrence, muscles contraction and relaxation. As the hypothesis, we made the spinal model having 3 joints with wood and rubber bands. Each of the three joints in the spinal model represents the case of normal(NT; control), contraction(AT 1)and relaxation(AT 2) condition, and distance between the vertebrae joints was measured. Results : Under normal circumstance models, the normal type 1(NT 1; muscle relax state) and normal type 2(NT 2; muscle contract state) all joints were being towed equally. But in an unusual contracted situation, regardless of the relationship of joint area, contracted part of joint was not released. And in a relaxed situation, regardless of joint areas, released parts of joint were further released. These observation results mean that the effects of traction might be different from the purpose of traction therapy of Hippocrates. Conclusions : To explain the effect of traction therapy for scoliosis, the spinal cord model and scoliosis model were made. After vertebral bodies were pulled with different tensile forces, we compared the observed length of the each joints pulled. The results suggested that there were no effects of traction in objected parts with traction method from Hippocrates' design, continuous traction method. Moreover, it may worsen the symptom in worst case. Of course, our results are just the result of experimental models and clinical results may be different. More careful studies, therefore, are required.

형상기억합금 구동기를 이용한 로봇 손 개발 (Development of a Robotic Hand using Shape Memory Alloy Actuators)

  • 전창국;유동상
    • 한국지능시스템학회논문지
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    • 제26권2호
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    • pp.147-152
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    • 2016
  • 형상기억합금은 가열되거나 냉각될 때 모양과 강도가 변화하면서 큰 힘을 발생한다. 와이어 형태의 형상기억합금은 열을 가하면 길이가 축소되면서 상당히 큰 힘을 발휘하며, 소음없는 운동을 발생시킬 수 있으므로 모터를 대체할 수 있는 구동기로 활용가능하다. 이런 형상기억합금 구동기는 전기로 직접 가열할 수 있으며, 큰 범위의 운동을 만들어내는데 사용될 수 있다. 본 논문에서는 형상기억합금 구동기를 이용하여 3 개의 손가락을 가진 6 자유도의 로봇 손을 개발하고 제어하는 것에 대해 기술한다. 각 손가락은 2 개의 관절을 가지고 있으며, 각 관절은 길항(拮抗) 운동을 위해 서로 반대로 동작하는 두 개의 힘줄에 의해 구동된다. 부드러운 운동을 위한 충분한 힘을 만들어 내기 위해 각 힘줄은 2 개의 형상기억합금 구동기가 병렬로 구성된다. 형상기억합금 구동기를 가열하기 위한 전류를 제어하기 위해 PWM 드라이버를 채용하였으며, 실험을 통해 손가락의 길항 작용을 평가한다.

글로벌 전자무역시대(電子貿易時代)에서의 볼레로 선화증권(船貨證券)의 기능(機能)과 문제점(問題點) (A Study on the Functions and Problems of Bolero Bill of Lading in the Days of Global Electronic Trading)

  • 최석범
    • 무역상무연구
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    • 제14권
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    • pp.177-218
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    • 2000
  • Global Electronic Trading means that trading partners trade each other via Global Electronic Trading Network, that is, global business to business electronic commerce. Recently, where the cargo arrives ahead of the B/L, the importer cannot take delivery of the cargo without the B/L. This situation is referred to as the B/L dilemma. But the BOLERO system will resolve this B/L dilemma. Bolero Project is developing a cross industry utility platform for the secure, electronic transfer of commercial trade information world wide. After the successful testing of an original pilot project, The Bolero Association was formed in 1995 by a group of interested cross industry companies. As a joint venture between SWIFT and TT Club, bolero.net is changing the way the world trades by providing a web-based, paperless mode of commerce that is designed to become a global standard. Bolero International Limited published the first edition of Bolero Rulebook in 1999. The Bolero Rulebook as amended from time to time, governing the relationship between Users and their rights and obligations arising from the Bolero system. The Bolero service will be governed by a multilateral contract called the Bolero Rule Book which specifies the rights and responsibilities of Bolero and its users. The Title Registry and Bolero Bill of Lading provide a fully functional equivalent to the paper bill of lading. The Bolero Bill of Lading can be created, transferred, amended, and surrendered by way of designating to order party, blank endorsement, refusal by the transferee etc. Thus, this study deals with the functions of Bolero Bill of Lading and the problems and solutions in the Bolero Bill of Lading in point of definitions and operation under the Bolero Rulebook.

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