• 제목/요약/키워드: Negotiation of Conditions

검색결과 40건 처리시간 0.023초

국제계약에 있어서 계약언어의 선택과 효과 (The Selection and Effects of Contract Language in International Contract)

  • 송양호
    • 한국중재학회지:중재연구
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    • 제15권1호
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    • pp.207-228
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    • 2005
  • When closing an international contract, both contract parties endeavor to convey their intentions from the stage of negotiation to the moment of signing the contract. Of the many problems presently related to contract language, the first one to consider is which contract party will run the risk of the language deficiencies occurring as a result of the misunderstanding and misinterpretation between different languages. The second problem to consider is whether the interpretation and translation of the contract language is needed and, if so, which party is going to bear the expenses and assume responsibility of the misinterpretation in the translation of, the contract language. The third problem is related to the obligation of explaining to both contract parties the contents and details of the international contract written in different languages. The fourth issue is which language of both contract parties becomes the standard contract language in the procedure of arbitration. The fifth, but not the last problem, is how to solve the language defects in interpreting and translating the contract languages. These five problems can be easily solved by the approval of the contract parties in scrutinizing and selecting the contract languages. However, this research mainly focuses on which effects of the contract language and as how to define and select the contract language.

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해외 주요 도서관 컨소시엄의 운영현황 비교·분석 - 도서관 컨소시엄 전문가와의 면담을 중심으로 - (Library Consortia Characteristics Comparative Analysis around the World)

  • 김재훈;이응봉
    • 한국문헌정보학회지
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    • 제50권3호
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    • pp.491-511
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    • 2016
  • 본 연구에서는 해외의 주요 도서관 컨소시엄의 운영현황과 특성에 대하여 선진국의 도서관 컨소시엄 전문가를 직접 면담하고 자료를 수집하고 비교 분석하였다. 조사결과, 해외 도서관 컨소시엄들은 구성 목적, 조직, 재원, 기능 등에 있어서 각각의 독특한 특성을 가지고 있었으며, 컨소시엄별 전문가들의 인식에도 차이가 있는 것으로 나타났다. 전문가들은 공통적으로 도서관 컨소시엄의 가치를 정보가격 협상력으로 인식하고 있었으며 정보가격 인상의 대안으로 OA(Open Access)를 지목하였다. 본 연구에서는 해외 도서관 컨소시엄 운영에 관한 이해를 돕고자 하였다.

전자저널 관리를 위한 이용통계의 효과적 활용 방안 (Toward the Effective Utilization of Usage Statistics for the Management of Electronic Journals)

  • 김성진
    • 정보관리연구
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    • 제41권4호
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    • pp.69-91
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    • 2010
  • 제한된 예산, 고가의 패키지 구독비, 출판사 주도의 라이선스 협상 등의 불리한 환경에서 자관의 실정에 맞는 전자저널을 구성하기 위해 도서관은 전자저널 이용데이터를 수집하고 분석해야 한다. 본 연구는 전자저널 이용통계 연구 동향 및 COUNTER 3판에 근거한 이용통계 제공 현황을 살펴보고 현장에서 쉽게 활용 가능한 이용통계 분석의 가이드라인을 제시하고자 하였다. 현재 제공되는 이용통계 보고서를 기반으로 분석할 수 있는 핵심 이용통계치로 저널별 원문이용도, 저널이용률, 원문이용단가, 고이용군, 저이용군을 제안함으로써 전자저널 관리를 위한 이용통계의 효과적인 활용 방안을 다루었다.

무역거래알선사이트에서의 결제조건 선택: 현상유지편향과 정박효과를 중심으로 (The Payment Term Choice on E-marketplace: Focusing on Status Quo Bias and Anchoring Effect )

  • 이윤;정홍주
    • 무역학회지
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    • 제46권1호
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    • pp.23-38
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    • 2021
  • This paper investigated the preference change of payment terms in international trade along with counteroffer or first offer conditions of the other parties. Studies on trade payment terms have mainly focused on payment term determination factors such as firm size, product price level, country credit rate, etc. We tried to find other factors affecting payment terms choice, during the negotiation process. We applied behavioral economics theories such as 'Status Quo Bias' and 'Anchoring effect' to build our research model. To prove the existence of the above effects, we proceeded with field experiments to the exporting companies in Alibaba.com. Both 'Status Quo Bias' and 'Anchoring effect' were found in the field experiment. Most of the exporting companies preferred traditional payment methods to new payment methods. And an initial request for a low advance payment ratio led to a lower advance payment ratio. Also, the experience of using new payment methods could diminish status quo bias. This paper applied behavioral economics theories and field experiment methodology to the payment term studies in international trades. These attempts could contribute to expanding the diversity of methodology and scope of international trade studies.

장기미집행 도시공원의 특례법에 따른 민간공원사업 특성연구 - 포항시의 사업추진 어려움과 해결방안 - (A Study of Private Development of Long-Term Unexecuted Urban Parks through a Special Act - Difficulties and Solutions of Pohang -)

  • 안병국;구자문
    • 한국농촌건축학회논문집
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    • 제25권1호
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    • pp.1-8
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    • 2023
  • This is a case study of private sector's development of long-term unexecuted urban parks in Pohang through a special act, which provides a guideline of 30% of land for non-park while 70% of land for park. The strategy has a lot of validity in many respects along with the urban planning sunset system, but even with the special act it would not easy to be implemented in Pohang, where the guideline has been modified to 20% for non-park, mostly multi-family housing projects while 80% for park. Thus, participation of private companies would be discouraged due to low commercial validity. Also, there would exist various risks because the project would be completed through a long-term decision-making and execution process. Thus, this study argues that it would be better for Pohang to follow the original guideline of the government for better implementation of the projects, along with preparation of a law with which the government be able to recoup excess profits when too much profits would be given to private developers. For the project implemented smoothly, it is also important to understand local housing market and fluctuating economic conditions, and to prepare various incentives for private companies. In addition, to secure publicity, guidelines on the level of publicity of the project should be prepared through negotiation by parties to prevent the project being discouraged too much.

Muscle Activation of Soleus and Tibialis Anterior according to Landing Strategy of Initial Contact during Descending Stairs: Comparison of Forefoot and Whole Foot

  • Choi, Suwoong;Lee, Yunbin;Park, Taeyang;Hwang, Sujin
    • Physical Therapy Rehabilitation Science
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    • 제10권1호
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    • pp.16-21
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    • 2021
  • Objective: To control the rate at which body weight drops, forefoot initiates floor contact with the limb relatively extended at each joint. However, when the knee joints could not extend enough with going down the stairs, the forefoot cannot be contact initially. The purpose of this study was to investigate the differences between forefoot and whole foot in initial contract on soleus and tibialis anterior for health young adults when descending stairs. Design: A cross-sectional observational study design. Methods: Fifteen healthy young adults participated in this study. To compare between forefoot and whole foot in initial contact when going down the stairs, this study measured muscle activation on soleus and tibialis anterior. This study used the paired t-test to analyze the collected data and compare the supporting conditions. Results: After analyzing, the muscle activation of soleus was not statistically significant difference as 25.16% at forefoot initial contact and 24.37% at whole foot initial contact when descending stairs (p>0.05). However, the muscle activation of tibialis anterior muscle was significantly difference was 49.19% at forefoot contact and 71.55% at whole foot contact. Conclusions: The results of this study was that the muscle activation of the tibialis anterior was a higher at whole foot contact than that at fore foot contact when descending stairs. This study suggests that the landing strategy of the initial contact is a beneficial effect at the forefoot contact to maintain the postural balance and the muscle performance effectively when descending stairs in individuals with healthy young adults.

동중국해 중.일 유전 개발 분쟁을 통해 본 양국의 해양경계획정에 대한 입장 연구 (Perspective on Maritime Boundary Delimitation through Oil and Gas Development Dispute between China and Japan in the East China Sea)

  • 양희철;박성욱;박세헌
    • Ocean and Polar Research
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    • 제28권2호
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    • pp.175-186
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    • 2006
  • There are disputes for oil and gas development between China and Japan in the East China Sea. These involve the area where China is already carrying out activities of oil and gas development and where Japan is proclaiming its EEZ. China insists that the Chinese activities on oil and gas development area are being carried out within the Chinese jurisdictional waters even if the median line principle of Japanese proclamation is applied in delimitation. Indeed, the permit for Japanese development is causing disputes between China and Japan because its permit allows development in the waters adjacent to Chinese development area. h the event, the core of this dispute around the oil and gas field in the East China Sea relates to issues of maritime boundary delimitation and issues of resources acquisition with both states. Chinese policy on oil and gas development is to first consider development issues in accordance with a median line principle where waters toward to China from the median line should be developed by China and the area toward Japan from the median line within the Chinese continental shelf should be jointly developed. However, the Japanese position is that the East China Sea should be jointly developed, and Japan hopes to eventually convince China to accept its median line delimitation. With on-going development of such issues, Korea should establish a strategy of negotiation based on analyses of resource distributional conditions and other strategic factors in the Korean delimitation area. In particular, Korea should prepare and make the best use of joint development zone established in an agreement between the ROK and Japan concerning the development of the southern part of continental shelf adjacent to both states.

국제물품매매계약에서 정박기간과 체선료조항(LD Clauses)에 관한 연구 - 영국관습법을 중심으로 - (A Study on the Laytime and Demurrage Clauses (LD Clauses) in Contracts for the International Sale of Goods)

  • 최명국
    • 무역상무연구
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    • 제69권
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    • pp.85-105
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    • 2016
  • The fact that one of the parties to the sale contract has had to pay demurrage to the shipowner under LD clauses in the charterparty does not of itself mean that he can recover that loss from his sale counter party under the sale contract: the route to such recovery is through express clauses in the sale contract itself. LD clauses in a sale contract stand free and independent of their counterparts in the relevant charterparty. LD clauses in a sale contract should be construed and applied as clauses in sale contracts, not as adjuncts to charterparties. Their interpretation should therefore be coloured not by decisions on laytime and demurrage in charterparties, but by their relationship to the contractual duties of CIF and FOB sellers and buyers. The results discussed here have implications for the drafting of LD clauses in sale contracts. If unwelcome surprises are to be avoided, it seems to advisable to start from the principle: what exactly do traders want or need in LD clauses. They need a clause which covers them against charterparty losses where those losses are the result of dealy caused by the counterparty to the sale contract. The parties to the sale contracts are well advised to prepare LD clauses concentrating on that purpose and bearing in mind the followiing questions. First, should the loading and discharge code in the sale contract appear in traders' or trade associations' standard terms and conditions or should they be left to ad hoc negotiation in contract sheets? Second, should that code be as complete as possible, covering loading or discharge periods or rates, demurrage and despatch, or is it enough for only some of those matters to be covered explicitly, leaving other matters to be governed" as per charterparty"? Third, does the introduction or incorporation of a stipulation for the giving of a notice of readiness make the start of laytime more or less predictable as between seller and buyer? Finally should a loading and discharge code in a sale contract actully be called a "laytime and demmurrage clauses"?

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입원 환아 간호에 대한 부모의 참여 개념분석 (Parent Participation in care of Hospitalized Children: Concept Analysis)

  • 최미영
    • Child Health Nursing Research
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    • 제20권2호
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    • pp.105-112
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    • 2014
  • 목적 본 연구는 입원 환아에게 최적의 간호를 제공하기 위한 전제조건인 입원 환아 간호에 대한 부모의 참여의 개념을 탐색함으로써 아동간호 실무에 대한 이해를 증진시키고자 시도되었다. 방법 Walker와 Avant (2005)의 개념분석 방법을 사용하였으며, 선행연구를 근거로 1994년부터 2012년 사이에 이루어진 부모의 참여 관련 논문 중 입원 환아 간호, 부모참여를 주요어로 하여 고찰한 논문 30편을 통해 속성, 선행요인, 결과를 확인하였다. 결과 입원 환아 간호에 대한 부모의 참여의 속성은 협상, 돌봄 활동 수행, 개별화된 간호 제공으로 확인되었다. 선행요인은 환아의 연령과 상태, 환아 부모 참여 필요성에 대한 환아 부모와 아동간호사의 태도 및 상호 이해이며, 결과는 환아 부모와 아동간호사의 효율적인 파트너십이 이루어지고, 환아 부모와 아동간호사를 임파워먼트시키게 되는 것으로 확인되었다. 결론 본 연구에서 확인된 입원 환아 간호에 대한 부모의 참여의 개념 정의와 속성은 아동간호실무 이론 개발의 기초자료로 활용될 것이다.

WTO 협정하에서 FTA 체결의 정합성에 관한 연구 (A Study on the Interpretation of FTA Rules under WTO Agreement)

  • 박종삼
    • 한국중재학회지:중재연구
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    • 제15권3호
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    • pp.233-266
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    • 2005
  • The world trading system has been under many changes in recent years. One notably important development is that much attention away from the multilateralism-oriented World Trade Organization towards FTA(Free Trade Agreement). The Free Trade Agreement signed between korea and chile formally have been come effective for free trade in goods and services as from April 1, 2004. During Free Trade Agreement negotiations between both countries. This study aims at presenting the suggestion for the Korea to make the WTO rules and FTA by analyzing The interpretation of FTA under WTO System. It was founded by the investigation of WTO rules, most of the provisions are similar with other FTA, but a little provisions different from other FTA's. It is an appearance from the contracting party's peculiar circumstances such as state of industrial development or future prospect, conditions around international trade. The whole world has entered the new stage of bilateral and multilateral FTA. The essential or new generation or bilateral and multilateral FTA is creating more trade opportunities, promoting all factors, commodity, service, capital, technology and talent freely flow through canceling the trade barriers between FTA, in order to develop together within the regions. It shows that the cooperations transfer form the whole region into FTA. FTA makes not only the free trade smooth ,but also takes place the trade distortion effect. especially as the agriculture has a speciality each country, should it is ignored in negotiation, many reactions will be occurred in the process of fta Therefore Korea needs to deliver the message that Korea's hub is an essential ingredient for an efficient FTA and WTO system in a bilateral and multilateral win-win framework. Consequently Korea should have criterions about the rules of FTA and WTO system for peculiar circumstances of Korean economy and international trade.

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