• Title/Summary/Keyword: Negotiation process

Search Result 212, Processing Time 0.031 seconds

A Benchmarking Study on Engineering Project Delivery System - A Case Study FIDIC & U.S. Governmental Regulation - (엔지니어링 입·낙찰제도 해외사례 벤치마킹 연구 - FIDIC과 미국 제도를 중심으로 -)

  • Kim, Sang Bum;Kim, Jae Wook;Lee, Jung Dae
    • KSCE Journal of Civil and Environmental Engineering Research
    • /
    • v.28 no.2D
    • /
    • pp.249-258
    • /
    • 2008
  • Korean engineering firms need to improve their performance in order to stay competitive in the globalize environments which has been led by some international movements including World Trade Organization (WTO) and Free Trade Agreements (FTA). There have been various activities and researches focusing on how to improve competitiveness of Korean engineering firms and the out-of-fashion Engineering Project Delivery System (EPDS) has repetitively identified as one of main barriers to deter advancements of Korean engineering industry. Therefore, this research attempted to investigate global standards of EPDS such as International Federation of Consulting Engineers (FIDIC), American Federal Acquisition Regulations (FAR), Brooks Act, and so on. The procedures of international EPDSs along with a few case studies were comprehensively analyzed and compared with Korean EPDS in order to propose recommendations of improving Korean EPDS. Some major differences between international and Korean EPDS were identified and they includes emphasis on qualifications of engineers and/or firms rather than their proposed cost, extensive use of long and short-list, common use of negotiation process, etc. Research findings are envisioned to guide the Korean public engineering sector to innovate Korean EPDS.

Comparative Analysis on NIMBY Facility and Location - Suyeong·Nambu·Haeundae Sewage Disposal Plants Cases - (기피시설 입지의 지역별 비교 및 결정요인 분석 - 수영·남부·해운대하수처리장 사례중심 -)

  • Choi, Yeol;Choi, Jae Do
    • KSCE Journal of Civil and Environmental Engineering Research
    • /
    • v.26 no.3D
    • /
    • pp.491-497
    • /
    • 2006
  • The goal of this research is to explore the opinions of the resident's neighboring within sewage disposal plants, to investigate the differences in accordance with each location of sewage disposal plants, and to examine the determinants to impact on the sewage disposal plants. The multivariate analysis of variance model and regression model are employed as the empirical analysis for this research. The major findings are as follows; as a rule, most of residents represented the sewage disposal plants are essential public facilities. The sewage disposal plants could be positively considered under proper compensation and negotiation, It is found that the satisfaction level against accomplishing process of the sewage disposal plants facilities are very low. In addition, it was revealed that the determinants to impact on the sewage disposal plants showed differently according to each current location of sewage disposal plants. It means that there are no absolutely concrete reasons to oppose the sewage disposal plants and they can be somewhat different by the each local characteristics. Therefore, these findings provide for the policy makers related with the NIMBY facilities including the sewage disposal plants with valuable information.

An Empirical Analysis of the Determinants of Defense Cost Sharing between Korea and the U.S. (한미 방위비 분담금 결정요인에 대한 실증분석)

  • Yonggi Min;Sunggyun Shin;Yongjoon Park
    • The Journal of the Convergence on Culture Technology
    • /
    • v.10 no.1
    • /
    • pp.183-192
    • /
    • 2024
  • The purpose of this study is to empirically analyze the determining factors (economy, security, domestic politics, administration, and international politics) that affect the ROK-US defense cost sharing decision. Through this, we will gain a deeper understanding of the defense cost sharing decision process and improve the efficiency of defense cost sharing calculation and execution. The scope of the study is ROK-US defense cost sharing from 1991 to 2021. The data used in the empirical analysis were various secondary data such as Ministry of National Defense, government statistical data, SIPRI, and media reports. As an empirical analysis method, multiple regression analysis using time series was used and the data was analyzed using an autoregressive model. As a result of empirical research through multiple regression analysis, we derived the following results. It was analyzed that the size of Korea's economy, that is, GDP, the previous year's defense cost share, and the number of U.S. troops stationed in Korea had a positive influence on the decision on defense cost sharing. This indicates that Korea's economic growth is a major factor influencing the increase in defense cost sharing, and that the gradual increase in the budget and the negotiation method of the Special Agreement (SMA) for cost sharing of stationing US troops in Korea play an important role. On the other hand, the political tendencies of the ruling party, North Korea's military threats, and China's defense budget were found to have no statistically significant influence on the decision to share defense costs.

E-Commerce in the Historical Approach to Usage and Practice of International Trade ("무역상무(貿易商務)에의 역사적(歷史的) 어프로치와 무역취인(貿易取引)의 전자화(電子化)")

  • Tsubaki, Koji
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.19
    • /
    • pp.224-242
    • /
    • 2003
  • The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

  • PDF

"As the Scientific Witness Is a Court Witness and Is Not a Party Witness" ("과학의 승리"는 어떻게 선언될 수 있는가? 친자 확인을 위한 혈액형 검사가 법원으로 들어갔던 과정)

  • Kim, Hyomin
    • Journal of Science and Technology Studies
    • /
    • v.19 no.1
    • /
    • pp.1-51
    • /
    • 2019
  • The understanding of law and science as fundamentally different two systems, in which fact stands against justice, rapid progress against prudent process, is far too simple to be valid. Nonetheless, such account is commonly employed to explain the tension between law and science or justice and truth. Previous STS research raises fundamental doubts upon the off-the-shelf concept of "scientific truth" that can be introduced to the court for legal judgment. Delimiting the qualification of the expert, the value of the expert knowledge, or the criteria of the scientific expertise have always included social negotiation. What are the values that are affecting the boundary-making of the thing called "modern science" that is supposedly useful in solving legal conflicts? How do the value of law and the meaning of justice change as the boundaries of modern science take shapes? What is the significance of "science" when it is emphasized, particularly in relation to the legal provisions of paternity, and how does this perception of science affect unfoldings of legal disputes? In order to explore the answers to the above questions, we follow a process in which a type of "knowledge-deficient model" of a court-that is, law lags behind science and thus, under-employs its useful functions-can be closely examined. We attend to a series of discussions and subsequent changes that occurred in the US courts between 1930s and 1970s, when blood type tests began to be used to determine parental relations. In conclusion, we argue that it was neither nature nor truth in itself that was excavated by forensic scientists and legal practitioners, who regarded blood type tests as a truth machine. Rather, it was their careful practices and crafty narratives that made the roadmaps of modern science, technology, and society on which complex tensions between modern states, families, and courts were seen to be "resolved".

The Building Plan of Online ADR Model related to the International Commercial Transaction Dispute Resolution (국제상거래 분쟁해결을 위한 온라인 ADR 모델 구축방안)

  • Kim Sun-Kwang;Kim Jong-Rack;Hong Sung-Kyu
    • Journal of Arbitration Studies
    • /
    • v.15 no.2
    • /
    • pp.3-35
    • /
    • 2005
  • The meaning of Online ADR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently Online ADR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in Online ADR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, Online ADR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future. Accordingly, the following points must be focused on for the continuous First, in the legal and institutional aspects for the development of Online ADR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of Online ADR, which utilizes electronic communication means. However, it is too early to establish a separate law for Online ADR because Online ADR must develop based on the theoretical system of ADR. Second, although Online ADR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, Online ADR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply Online ADR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, Online ADR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing Online ADR system. Third, the application of Online ADR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through Online ADR, and 115 Online ADR sites are in operation throughout the world. Thus Online ADR requires not temporary but continuous attention, and mediators and arbitrators participating in Online ADR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish Online ADR model and these projects should be supported by comprehensive researches on mediation, arbitration and Online ADR. Fourth, what is most important in the continuous development and expansion of Online ADR is to secure confidence in Online ADR and advertise Online ADR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in Online ADR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting Online ADR so that parties involved in disputes recognize the substantial contribution of Online ADR to dispute resolution. Lastly, dispute resolution through Online ADR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. Online ADR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.

  • PDF

Direction of Arms Control to Establish Foundation for Peaceful Reunification in Korean Peninsula (한반도 평화통일 기반구축을 위한 군비통제 추진방향)

  • Kim, Jae Chul
    • Convergence Security Journal
    • /
    • v.15 no.6_1
    • /
    • pp.79-92
    • /
    • 2015
  • It is required to expand area of inter-Korean economic cooperation, being limited to non-military field, to military field and then, to positively promote arms control in order to establish foundation for peaceful reunification in Korean peninsula. Reasons why arms control has not been promoted between South and North Korea in the meantime were such original factors as follows; (1) limit of confidence building between the South and the North, (2) functional limit of arms control itself, (3) institutional structural limit between the South and the North, (4) environmental limit at home and abroad. It is necessary to get out from existing frame and to seek a new paradigm in order to overcome above factors and to realize arms control between the South and the North. First, it is required to have prior political dialog at the South-North high-level talks in order to promote arms control and to exercise 'strategic flexibility' during negotiation and promotion process. For this, 'flexible reciprocity' has to be adopted in compliance with situation and conditions. Second, it is necessary to get out from existing principle of 'confidence building in advance and arms reduction later' but to seek the 'simultaneous driving principle of confidence building and arms reduction' as an eclectic approach. Namely, based on reasonable sufficiency, it is required to promote military confidence building and limited arms reduction in parallel, which is a lower level of arms control. Third, as an advisory body of Prime Minister's Office, it is necessary to install an organization exclusively responsible for arms control and to positively handle arms control issue from the standpoint of national policy strategy. If the South-North high-level talks take place, it is necessary to organize and operate 'South-North Joint Arms Control Promotion Board (tentative name)'. Fourth, it is required to exercise more active diplomatic competence in order to create national consensus on necessity of arms control for peaceful reunification and to form more favorable international environment. Especially, it is necessary to think about how to solve nuclear issue of North Korea together in collaboration with international society and how to maintain balance between ROK-US alliance and Sino-Korean cooperation relations.

Linguistic, Cultural, and Historical Momentums through History of Korean Literature -Focused on the Recognition and Descriptive Aspects of Korean Modern Literature in the History of Korean Literature Written in Japan- (한국문학사를 가로지르는 언어·문화·역사의 계기들 - 일본 저술 한국문학사의 한국근현대문학 인식과 서술양상을 중심으로 -)

  • Yoon, Song-ah
    • Cross-Cultural Studies
    • /
    • v.48
    • /
    • pp.31-66
    • /
    • 2017
  • This study examines ways of recognizing and aspects of describing Korean modern literature revealed by each literary history from the viewpoint of 'transculturation', focusing on Lim Jeon-Hye's "History of Korean Literature in Japan until 1945", Shirakawa Yutaka's "Footsteps of Korean Modern Literature", and Saegusa Toshikatsu's "Taste of Korean Literature" from the history of Korean literature written in Japan. First, Lim Jeon-Hye periodically examines Korean literature written in Japan, focusing on literary activities of Korean students in Japan and the proletarian literature movement, and addresses points of active cultural negotiation, mutual understanding and political solidarity between Korea and Japan. Shirakawa Yutaka focuses on the concurrency and connection of Korea, China, and Japan in the process of modern literary formation, covering Japanese language literature and pro-Japanese literature with great care, and describes the middle-layer position as a mediating researcher in the conflicting boundaries between Korea and Japan. Saegusa Toshikatsu provides interesting transcultural momentum in exploring internal logic and denotation of Korean literature via comparative literature review encompassing East Asia, implementation of literary forms and themes connecting tradition and modernity, and an out-of-boundary point of view to overlook 'pro-Japanese literature', etc. Transcultural aspects in this literary history to examine are as follow. First, the history of Korean modern literature based on 'national literature history' is catabolized in the magnetic field of the 'colonial experience' and 'national nationalism' and considered in multifaceted context. Second, they provide the possibility of three-dimensional and micro-narrative description of literature that complement the narrative aspect of existing Korean literature history. Third, they provide an opportunity to expand and open the description of literature history through acceptance of comparative literary perspectives encompassing East Asia. Fourth, through discovery of Korean-Japanese literature and Japanese language literature, they contribute to broadening the history of Korean modern literature and enriching foundations.

The Fourth Industrial Revolution and Labor Relations : Labor-management Conflict Issues and Union Strategies in Western Advanced Countries (4차 산업혁명과 노사관계 : 노사갈등 이슈와 서구 노조들의 대응전략을 중심으로)

  • Lee, Byoung-Hoon
    • 한국사회정책
    • /
    • v.25 no.2
    • /
    • pp.429-446
    • /
    • 2018
  • The $4^{th}$ Industrial Revolution, symbolizing the explosive innovation of digital technologies, is expected to have a great impact on labor relations and produce a lot of contested issues. The labor-management issues, created by the $4^{th}$ Industrial Revolution, are as follows: (1) employment restructuring, job re-allocation, and skill-reformation, driven by the technological displacement, resetting of worker-machine relationship, and negotiation on labor intensity and autonomy, (2) the legislation of institutional protection for the digital dependent self-employed, derived from the proliferation of platform-mediated labor, and the statutory recognition of their 'workerness', (3) unemployment safety net, income guarantee, and skill formation assistance for precarious workeforce, (4) the protection of worker privacy from workplace surveillance, (5) protecting labor rights of the digital dependent self-employed and prcarious workers and guaranteeing their unionization and collective bargaining. In comparing how labor unions in Western countries have responded to the $4^{th}$ Industrial Revolution, German unions have showed a strategic approach of policy formation toward digital technological innovations by effectively building and utilizing diverse channel of social dialogue and collective bargaining, while those in the US and UK have adopted the traditional approach of organizing and protesting in attempting to protect the interest of platform-mediated workers (i.e. Uber drivers). In light of the best practice demonstrated by German unions, it is necessary to build the process of productive policy consultation among three parties- the government, employers, and labor unions - at multi levels (i.e. workplace, sectoral and national levels), in order to prevent the destructive damage as well as labor-management confrotation, caused by digital technological innovations. In such policy consultation procesess, moreover, the inclusive and integrated approach is required to tackle with diverse problems, derived from the $4^{th}$ Industrial Revolution, in a holistic manner.

A study on Development Process of Fish Aquaculture in Japan - Case by Seabream Aquaculture - (일본 어류 양식업의 발전과정과 산지교체에 관한 연구 : 참돔양식업을 사례로)

  • 송정헌
    • The Journal of Fisheries Business Administration
    • /
    • v.34 no.2
    • /
    • pp.75-90
    • /
    • 2003
  • When we think of fundamental problems of the aquaculture industry, there are several strict conditions, and consequently the aquaculture industry is forced to change. Fish aquaculture has a structural supply surplus in production, aggravation of fishing grounds, stagnant low price due to recent recession, and drastic change of distribution circumstances. It is requested for us to initiate discussion on such issue as “how fish aquaculture establishes its status in the coastal fishery\ulcorner, will fish aquaculture grow in the future\ulcorner, and if so “how it will be restructured\ulcorner” The above issues can be observed in the mariculture of yellow tail, sea scallop and eel. But there have not been studied concerning seabream even though the production is over 30% of the total production of fish aquaculture in resent and it occupied an important status in the fish aquaculture. The objectives of this study is to forecast the future movement of sea bream aquaculture. The first goal of the study is to contribute to managerial and economic studies on the aquaculture industry. The second goal is to identify the factors influencing the competition between production areas and to identify the mechanisms involved. This study will examine the competitive power in individual producing area, its behavior, and its compulsory factors based on case study. Producing areas will be categorized according to following parameters : distance to market and availability of transportation, natural environment, the time of formation of producing areas (leaderㆍfollower), major production items, scale of business and producing areas, degree of organization in production and sales. As a factor in shaping the production area of sea bream aquaculture, natural conditions especially the water temperature is very important. Sea bream shows more active feeding and faster growth in areas located where the water temperature does not go below 13∼14$^{\circ}C$ during the winter. Also fish aquaculture is constrained by the transporting distance. Aquacultured yellowtail is a mass-produced and a mass-distributed item. It is sold a unit of cage and transported by ship. On the other hand, sea bream is sold in small amount in markets and transported by truck; so, the transportation cost is higher than yellow tail. Aquacultured sea bream has different product characteristics due to transport distance. We need to study live fish and fresh fish markets separately. Live fish was the original product form of aquacultured sea bream. Transportation of live fish has more constraints than the transportation of fresh fish. Death rate and distance are highly correlated. In addition, loading capacity of live fish is less than fresh fish. In the case of a 10 ton truck, live fish can only be loaded up to 1.5 tons. But, fresh fish which can be placed in a box can be loaded up to 5 to 6 tons. Because of this characteristics, live fish requires closer location to consumption area than fresh fish. In the consumption markets, the size of fresh fish is mainly 0.8 to 2kg.Live fish usually goes through auction, and quality is graded. Main purchaser comes from many small-sized restaurants, so a relatively small farmer and distributer can sell it. Aquacultured sea bream has been transacted as a fresh fish in GMS ,since 1993 when the price plummeted. Economies of scale works in case of fresh fish. The characteristics of fresh fish is as follows : As a large scale demander, General Merchandise Stores are the main purchasers of sea bream and the size of the fish is around 1.3kg. It mainly goes through negotiation. Aquacultured sea bream has been established as a representative food in General Merchandise Stores. GMS require stable and mass supply, consistent size, and low price. And Distribution of fresh fish is undertook by the large scale distributers, which can satisfy requirements of GMS. The market share in Tokyo Central Wholesale Market shows Mie Pref. is dominating in live fish. And Ehime Pref. is dominating in fresh fish. Ehime Pref. showed remarkable growth in 1990s. At present, the dealings of live fish is decreasing. However, the dealings of fresh fish is increasing in Tokyo Central Wholesale Market. The price of live fish is decreasing more than one of fresh fish. Even though Ehime Pref. has an ideal natural environment for sea bream aquaculture, its entry into sea bream aquaculture was late, because it was located at a further distance to consumers than the competing producing areas. However, Ehime Pref. became the number one producing areas through the sales of fresh fish in the 1990s. The production volume is almost 3 times the production volume of Mie Pref. which is the number two production area. More conversion from yellow tail aquaculture to sea bream aquaculture is taking place in Ehime Pref., because Kagosima Pref. has a better natural environment for yellow tail aquaculture. Transportation is worse than Mie Pref., but this region as a far-flung producing area makes up by increasing the business scale. Ehime Pref. increases the market share for fresh fish by creating demand from GMS. Ehime Pref. has developed market strategies such as a quick return at a small profit, a stable and mass supply and standardization in size. Ehime Pref. increases the market power by the capital of a large scale commission agent. Secondly Mie Pref. is close to markets and composed of small scale farmers. Mie Pref. switched to sea bream aquaculture early, because of the price decrease in aquacultured yellou tail and natural environmental problems. Mie Pref. had not changed until 1993 when the price of the sea bream plummeted. Because it had better natural environment and transportation. Mie Pref. has a suitable water temperature range required for sea bream aquaculture. However, the price of live sea bream continued to decline due to excessive production and economic recession. As a consequence, small scale farmers are faced with a market price below the average production cost in 1993. In such kind of situation, the small-sized and inefficient manager in Mie Pref. was obliged to withdraw from sea bream aquaculture. Kumamoto Pref. is located further from market sites and has an unsuitable nature environmental condition required for sea bream aquaculture. Although Kumamoto Pref. is trying to convert to the puffer fish aquaculture which requires different rearing techniques, aquaculture technique for puffer fish is not established yet.

  • PDF