• Title/Summary/Keyword: Standard Contracts

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The Empirical Study on Unfair Terms in Services Contract and Consumer Problems (서비스약관과 관련된 소비자문제의 실증연구)

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

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Application System Improvement of the Codes and Standards for Plant Design (플랜트 설계를 위한 표준코드의 활용체계 개선방안)

  • Gu, Bon-Hak;Kim, Tae-Hui
    • Korean Journal of Construction Engineering and Management
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    • v.8 no.4
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    • pp.81-89
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    • 2007
  • Plant industry is one of important industry that possesses 70% of fund in construction contracts for oversea customers at 2004. It is called E(Engineering), P(Procurement), C(Construction) industry. Plant industry of Korea has a competitive power of the detail design and operation for the establishment construction. But among E, P, C at plant industry, technic of E part which is able to make higher profits; Planning and basic designing; are poor. They should have much more improvements. Thus to enhance a competitive power of planning and basic designing, we are going to analyze problems of utilizing a standard code for plant design and present plans for their improvements.

Identification of Contractual Risk Factors for Application in the Overseas Construction Projects based on FIDIC Red Book 1999 Edition (해외건설공사관련 계약적 리스크 인자에 대한 연구 - FIDIC Red Book 1999년판 기준 -)

  • Hyun, Hak-Bong;Park, Hyung-Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.36 no.6
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    • pp.1153-1160
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    • 2016
  • There have been many studies on the subject of risks in the Construction Industry and many useful results have been produced. However, risk studies on the conditions of contract, which is the most critical contract documents, has not been tried despite of its contractual function in the overseas projects. In this study, various contractual risks are identified for proper and reasonable evaluation of the contractual risks possibly encountered in the Tender and/or Contract stages of the Projects. For development of study, FIDIC Red Book 1999 Edition which is world widely recognised as a standard conditions of contract prepared for the projects designed by the Employer. Contractual risks are divided into three levels and applicable clauses are assigned to each appropriate risk factors. And table of major contractual risk factors are made using the classified levels of each factors with evaluation criteria as a result of this study. As this study is made only for the conditions of contract which is prepared for the construction contracts designed by the Employer, further studies for other types of contracts such as Design-Build (FIDIC Yellow Book), EPC/Turnkey (FIDIC Silver Book) and recently developed Design, Build and Operate type of contract (FIDIC Gold Book) are required to cover various types of projects executed in the world construction markets.

Law and Economics in Labor Contracting (노동계약에 관한 법경제학적 분석:한국의 해고판례를 중심으로)

  • Kim, Iljoong;Cho, Joonmo
    • Journal of Labour Economics
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    • v.23 no.2
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    • pp.1-37
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    • 2000
  • Since the early 1990s, the Korean courts have tilted in the direction of giving greater freedom to employers by relaxing the restrictions on dismissal for economic reasons. During the Korean economic crisis of 1998, the Korean Labor Standard Act was also revised for the purpose of relieving the limitation of employer's discretion in employment adjustment. From the Coasian perspective, this article analyze how implied contracts for the employee's reliance and employer's compliance might be influenced after the formal law is revised. We demonstrate that, if the legal change results in excessive intervention, it might cause the employers to over-breach, the employees to under-rely, and the accompanying efficiency to decrease. We scrutinize the total population of unjust dismissal cases since 1987 in order to investigate how the legal changes in Korea have affected the implied contracts. Our empirical analysis raises a possibility that Korean legal changes made in 1990s might have increased the employer's opportunism and decreased the employer's reliance effort.

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Current Status of Outsourced Food Service Operations According to the Type of Long-Term Care Institution and Plans for Improvement (장기요양기관 유형별 위탁급식 운영 실태 및 개선 방안)

  • Kwon, Jinhee;Lee, Heeseung;Jeong, Hyeonjin;Chang, Hyeja;Lee, Jungsuk
    • Journal of the Korean Dietetic Association
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    • v.28 no.2
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    • pp.67-84
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    • 2022
  • This study aimed to explore the status of food service outsourcing behavior of long-term care institutions (LTCIs) through a cross-sectional survey using a questionnaire administered between July 16th and August 7th, 2020. The survey respondents were either dietitians or facility managers, who worked at 731 nursing homes, 477 group homes, and 673 day-care centers. Approximately 25.9% of nursing homes, 11.7% of group homes, and 33.1% of day-care centers used a managed-services company to operate their food service units. The main reason for outsourcing food service by nursing homes was related to the staffing of dietitians and cooks, whereas group homes and day-care centers outsourced food services due to factors relating to meal costs and the cooking process. Almost all the LTCIs entered into private contracts for outsourced food services. Only a few food service contracts included the types of meals, nutrition standards such as protein and calories per meal, and the parameter or ratio of food cost. Of the respondents, 84.5% from nursing homes, 87.5% from group homes, and 87.1% from day-care centers agreed that the quality of outsourced food services of the LTCIs should be regulated. Meals are essential for maintaining the health and functional status of LTCI users. As more LTCIs outsource their food services, we suggest the following: (1) Increasing the minimum dietitian staffing standards for LTCIs as per the Welfare of Senior Citizens Act and requiring at least one dietitian for every nursing home, (2) Making it mandatory to use a standard food service contract template when drafting food service contract, and (3) Developing realistic standards for food service operations considering the size and operation type of the LTCIs.

A Study on some practice issues and main provisions of the international artworks sales contract - Mainly sculptures sales contract - (예술품의 국제매매 계약시 주요 조항과 계약서 작성상 유의점에 관한 소고 - 조형물계약을 중심으로 -)

  • Lim, Sung-Chul
    • Korea Trade Review
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    • v.41 no.4
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    • pp.111-129
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    • 2016
  • In this paper, I reviewed the analysis of possible ICC model of international sale contract terms used in the international artwork trade. Based on this, the provisions proposed considering the specialties of the international artworks trade. The purpose of this research study is to help practitioners draw up a contract of international artworks trade. In Chapter II, I reviewed the highlights of the international sale of goods contract. In Chapter III, I discussed the issues that arise in creating specific provisions on the international artworks trade agreements. In Chapter IV, I discussed the issues in creating the general provisions on the international artworks trade agreements. Quantity provisions of the international artworks sales contract should include the "more or less" clause. And it should also clearly define the scope of the author's property rights transfer in the copyright provisions. Even if a buyer has been assigned the copyright of artworks from the artist, if the buyer modifies the artworks without permission, moral rights can be violated. In addition, even if a buyer has been assigned all of the intellectual property rights of the artists, if the buyer does not have the specific provisions, the buyer must keep in mind that the unauthorized publication of artworks, film production, merchandising, etc, may infringe the right to create derivative works.

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Rights Control for the Exchange and Sharing of IFC Model-based Standard Construction Drawing Information (IFC 모델기반 표준건설도면 정보의 교환 및 공유를 위한 권한제어에 관한 연구)

  • Hong, Kang-Han;Kim, In-Han
    • Korean Journal of Computational Design and Engineering
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    • v.13 no.4
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    • pp.286-295
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    • 2008
  • Construction industry, which is a composite industry being performed by organic combination of various tasks, gives birth to a various of information in the stages of planning, designing, and maintenance management. In particular, the drawing information is broad in the scope of use because it contains all information about buildings as wall as bid, materials, contracts. Therefore, the management of drawing information security is one of the most important factors, which determines the success of failure of business. The major findings and result of this study are as follows to control the distributed drawing information in the collaboration environment. 1) Analysis for function and practical use of DRM in the construction industry. 2) Proposal for applications of DRM that can secure IFC model-based drawing information in the collaboration environment. 3) Extraction from additional IFC entities to apply DRM to part 21 physical files 4) Analysis for functions which are necessary in DRM application prototype system and development of the system. 5) Development IFC model-based DRM prototype system.

A Study on the Problems and Revision Directions of Incoterms 2000 (INCOTERMS 2000의 문제점과 개정방향에 관한 연구)

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.3-27
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    • 2010
  • Incoterms are standard trade terms most commonly used in international sales contracts. ICC have updated six times to keep pace with current international trade practices. Amendments and additions were made in 1953,1967,1976,1980,1990 and presently in 2000. ICC is currently revising Incoterms 2000. The new edition, Incoterms 2010, is expected to enter into force on 1 January 2011. In this paper, I reviewed the present conditions of trade terms and the problems of Incoterms 2000 in our country. I hope this paper to contribute to revising works of Incoterms by reference of above mentioned contents, that is to say, ship's rail, expansion of seller's risk liability of FOB,CFR,CIF.

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Preliminary Study on the Factors Analysis of Change Order-Claim in Design-Build Project (설계시공일괄입찰공사의 설계변경 클레임요인 분석에 관한 기초 연구)

  • Ryu, Hyeok-Jun;Park, Byung-Ju;Yoo, Seung-Kyu;Kim, Ju-Hyung;Kim, Jae-Jun
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2012.05a
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    • pp.129-130
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    • 2012
  • Although the order of Design-Build is being expanded by increasing construction scale and demanding hybrid function, the suitable regulation of the contracts is not settled. Design-Build is way by government because there are big construction of much government leading in contract relation high position occupy. So, case that prebendary's claim institution develops by litigation is very rare. But, recently Design-Build is magnified. So, these dispute factors is becoming visualization gradually. The contract system is needed to be consistent by international standard to deal with the problem. This study suggests the useful solutions in detail concerned with the main factor of change order claim by each Design-Build phases through practical sorting and analysis of the causes of Change Order-Claim.

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Study on Availability of KESLI Consortium Model License by Comparative Analysis of International Standard License Models (KSLA 연구논문 - 해외 표준계약서 비교 분석을 통한 KESLI 컨소시엄 표준계약서 통용 가능성에 대한 연구)

  • Jeong, Yeong-Im;Kim, Jae-Hun;Kim, Jeong-Hwan
    • KSLA Bulletin
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    • s.2
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    • pp.43-56
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    • 2010
  • Since core scholarly journals have been digitalized, license contracts for e-resources have been dramatically increased. Librarians have had difficulties in understanding various and complex license models that are proposed by publishers in a period of time. The standardization of license models for journals have been more in demand and standard model license for journals have been developed by librarians, publishers, consortia and the third party. In this study, we explain the development of the standard license model of KESLI consortium.(hereafter, KESLI model) The availability of KESLI model has been analyzed by comparing with established standard license models. As a result, KESLI model is proved to be adopted and used in a practical contract process of e-journals through consortium.

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