• The Journal of Society for e-Business Studies
• /
• v.6 no.1
• /
• pp.1-16
• /
• 2001

This paper describes a preliminary investigation of contracts with a view towards automating the process of contract match-making. A novel approach based on exploiting Standard Form Contracts(SFC) is described. The approach is shown to be implementable with current technology. A second approach based on Standard Contract Clauses(SCC) which overcomes some of the limitations of Standard Form Contracts, is briefly outlined. The flexibility offered by this approach however, is accompanied by a considerable increase in the complexity of contract match-making. Both Standard Form Contracts and Standard Contract Clauses based match-making point towards an exciting area of future research.

• Journal of Digital Convergence
• /
• v.13 no.3
• /
• pp.11-18
• /
• 2015

After entering a convergence era, South Korea Government has enacted and announced the Standard Contract on the e-Learning Content Development Project, a year and eight months has passed. Nevertheless, there has been continued still the unjust and unreasonable contract practices issues raised by project owner in the e-Learning industry. This study investigated application status of the Standard Contract via FGI and questionnaires and suggested its improvement alternative. This study analyzed that the Standard Contract has not taken root at all in ordering of the e-Learning content development project and not reaped the effect. This study presented alternatives such as mandatory application of the Standard Contract, education and outreach, introduction of the monitoring system, certification system implementation, granting of additional points in the evaluation of agencies and CEO and etc. to that standard contract is settled as the government's intentions and objectives in the e-Learning industry field.

• Journal of Arbitration Studies
• /
• v.19 no.2
• /
• pp.49-72
• /
• 2009

Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.43
• /
• pp.75-97
• /
• 2009

Article 35 of the CISG defines standards for determining whether goods delivered by the seller conform to the contract in terms of type, quantity, quality, and packaging. When we apply these article 35(1), (2) of the CISG to the business connection, we will face several issues in the business connection. Fist, we will face the interpretation of contracts. When we interpret the contract, we must remember the article 8 of the CISG. Statements made by and other conduct of a party are to be interpreted according to the intent of parties. Therefore parties of contract must describe their intent correctly. Second, we must make out a contract in written about the promised contents. And it is needed to insert a merger clause in order to prevent part of contract from disagreeing with each other. Third, there are several interpretation of fitness for the purpose for which the goods would ordinarily be used. So it is important to describe the quality standard to be applied. If it does not describe the standard, it is helpful to apply the reasonable quality test. Fourth, there may be some doubt regarding the question of whose standard-that of the seller's or that of the buyer's state-is relevant in order to determine which characteristics the goods must have in order to be fit for their ordinary purpose. Ultimately, the question of the relevant standard is a matter of the interpretation of the contract.

• Journal of the Korean Home Economics Association
• /
• v.36 no.5
• /
• pp.89-106
• /
• 1998

Standard contsacts are drafted by one side only and therefore naturally favour that party. The other party must either adhere to those terms or abandon the transaction entirely. Accordingly the terms in these contracts tend to by quite harsh, especially so in consumer transactions. The objectives of this study are to examine the degree of consumer knowledge practical use, experience of consumer problems on service contract terms and to investigate the factors which influence on the degree of experience of consumer problems related the contract terms. The data used in this empirical study included 685 consumers experienced transactions with the terms in the last two years in Seoul. Statistics used for data analysis ere Reliability, Frequencies, Means, Standard Deviation and Multiple Regression Analysis. The conclusions can be summarized as follows. 1) Actually, consumers experienced many problems related the service-contract terms, despite regulation of unfair contract terms. 2) The level of education and purchasing experience variables have affected positively to the level of consumer problem experiences related the contract terms. 3) The effect of trend and characteristics of contract terms are variables with the type of contract terms. Therefore the regulation of the contract terms have to by differently enforced according to the type of contract terms.

• Proceedings of the Korean Institute of IIIuminating and Electrical Installation Engineers Conference
• /
• 2009.10a
• /
• pp.383-386
• /
• 2009

Contract power conversion factor which is applied to estimate contract power of industrial customers is an important standard to calculate transformer capacity. This paper shows a reasonable contract power conversion factor, that was made by the systematic and statistical way considering actual conditions, such as investigated contract power and peak power for the last 5 years of each customer for industrial customers as to AMR system. In this dissertation, it is necessary to analyze the key features and general trend from the investigated data. It made an analysis of the feature parameters, such as average, standard deviation, median, maximum. minimum and thus it was carried the linear and nonlinear regression analysis. Therefore, this paper compared characteristics for a contract power conversion factor which is applied to calculate contract power with characteristics for a regression model for customers which maximum utilization factor of transformer is more than 60%.

• Proceedings of the Korean Institute of IIIuminating and Electrical Installation Engineers Conference
• /
• 2008.05a
• /
• pp.293-296
• /
• 2008

Contract power conversion factor which is applied to estimate contract power of general customers IS an important standard to caculate transformer capacity. This paper shows a reasonable contract power conversion factor, that was made by the systematic and statistical way considering actual conditions, such as investigated contract power and peak power for the last 5 years of each customer for 132 office building customers as to AMR system. In this dissertation, it is necessary to analyze the key features and general trend from the investigated data. It made an analysis of the feature parameters, such as average, standard deviation, median, maximum, minimun and thus it was carried the linear and nonlinear regression analysis. Therefore, this paper compared characteristics for a contract power conversion factor which is applied to calculate contract power with characteristics for a regression model for customers which maximum utilization factor of transformer is more than 60%.

• The Journal of the Korea Contents Association
• /
• v.12 no.11
• /
• pp.58-67
• /
• 2012

It is widely observed in the Korean broadcasting production industry that unfair trade practices occur either when the drawing up a contract is ill-timed, when the contract's stipulations do not adequately cover possibilities in reality, or when the contract is simply breached. In particular, the most prevalent cause of the breach of contracts lies in the broadcasting production practices. Hence, systematic efforts should be made to improve the daily practices of the production industry by ensuring that the whole production process is carried out by contract. In order to achieve this, the following are suggested: i) A preliminary contract is to be made prior to the main one. ii) A standard production contract, which can be used as a template for other sub-contracts such as writing contracts, acting contracts, employment contracts, and so on, needs be introduced. iii) The standard contract should stipulate the obligations of the personnel from broadcasting companies, the recognition of the rights of production companies that created formats, and the boundary of the autonomy that production companies can exercise during production, in particular. iv) Prohibitive provisions are to be introduced into the Broadcasting Law in order to limit the causes for unfair trade practices.

• The Journal of the Korea Contents Association
• /
• v.19 no.10
• /
• pp.630-640
• /
• 2019

A series of recent events have laid the groundwork for discussions on the safety issues regarding production staff in the popular culture industry. In Korea, the standard contract has been pursued as a means of dealing with issues involving popular culture production staff. However, the existing standard contract failed to incorporate the characteristics and requirements in today's market, which greatly restricted its efficacy in real-world cases. Therefore, this study seeks to significantly improve the provisions in the standard contract that govern obligations between contractual parties, and the work safety of the production staff. To this end, considering the main causes of safety accidents and actual contracts, this study groups contractual provisions into several categories: the removal of adverse factors affecting optimal competency, factors causing individual staff's negligence, and external factors causing negligence. Then, this study proposes specific provisions to be included in each category.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.42
• /
• pp.67-85
• /
• 2009

In English Law it seems that it is essential to apply the principle of equilibrium in the contract, however, it does not seemed to apply as the general rule of the principle of contract. Especially it seems that English Court didn't pay attention to the principle of equilibrium in 18th century. If one of the party do not appeal the equilibrium of the contract, it does not make any difference even today. However the Court may cancel or withdraw the construction of contract between the parties where the principle of equilibrium is damaged by fundamental problems like just-price. In French Law it seems that they have more wide definition of the principle of equilibrium. The French Court may consider that the application of good faith is the performance of condition of the contract between the parties and has no power to relieve of one party of his expressed obligations or warranty. In German Law, it seems that the principle of good faith is fundamental to take into account interest of the parties. They may agree to supply information or not to interfere with a commercial agent regarding performance and maintenance of the contract.