• Title/Summary/Keyword: Standard Contracts

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A Study on Non-Standardization of Government-Supported Research Institutes : A Case of Non-Standard Workers in GSRI in Deajeon Area (정부출연연구기관의 연구인력 비정규직화에 관한 연구 : 대전지역 과학기술분야 정부출연연 비정규직 연구노동자 사례를 중심으로)

  • Choi, In-Yi
    • Korean Journal of Labor Studies
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    • v.23 no.1
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    • pp.85-127
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    • 2017
  • Due to the management innovation policy that was introduced to governmentsupported research institutes (GSRI) in 1998, their employment structure has been continuously changing, with the most notable increase of the number of non-standard researchers and the diversification of employment contracts. This paper examines changes in the employment structure of GSRI over the last 20 years in relation to the introduction and operation of the PBS (project base system), which is a main factor that fundamentally changed the employment structure of research institutes. This paper purposes to analyze the current status of non-standard workers in the science and technology research area through interviewing standard and non-standard researchers. Under the PBS as a principle of organizing their research project, the project-managers cannot help but exploit non-standard researchers to process research within a tight budget. This structure of organizing research projects reinforces the increase of the number of non-standard researchers and diversification of non-standard employment relations. In addition, the wage and working conditions of non-standard workers are getting aggravated in this structure. Considering the characteristics of research institutes, precarious status of non-standard researchers will have negative effects on the development of science and technology.

A Study on the Important Clause of International Sales Contract (국제물품매매계약(國際物品賣買契約)의 주요 조항(條項)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.27-62
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    • 2002
  • The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

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A Theoretical Model for the Choice of Alternative Work Arrangements (비정형근로 유형의 선택에 대한 이론적 모형)

  • Rhee, Chong-Hoon
    • Journal of Labour Economics
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    • v.29 no.1
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    • pp.75-98
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    • 2006
  • This study shows a theoretical model, based on transaction cost theory, for the choice of alternative work arrangement, Suppose that standard labor contract (permanent and full-time) is a typical labor contract of within-organization transaction and alternative labor contracts of variety are in the spectrum between market and within-organization transaction, the type and size of the market transaction cost for a specific labor would determine the appropriate labor contract. Firm-specificity and level of skill, scope and uncertainty of tasks, and duration of contract are the major determinants of transaction cost which, in turn, determines the type of labor contract. This theoretical model implies that there will be occupational segregation between standard and alternative work arrangements and that the legal regulations for protecting employment and wage of non-standard workers might not be so effective as expected.

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Empirical Study for Financial Statements transfer by K-IFRS on the Insurance Company (보험회사 국제회계기준 적용에 따른 재무제표 전환의 실증연구)

  • Kim, Jong-Won
    • The Journal of the Korea Contents Association
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    • v.13 no.5
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    • pp.387-395
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    • 2013
  • Insurance accounting is the process of identifying, measuring, and communicating economic information to permit informed judgements and decisions by users of the insurance information. With the Korean-International Financial Reporting Standard(K-IFRS) on accounting for insurance contracts to be finalized by 2011 in Korea, the fair value accounting is expected to greatly affect the insurance industry in terms of insurance company' financial statements. This research analyzes the effect of financial statement as K-IFRS on the insurance accounting by comparing the financial statements of the listed company using past insurance accounting standard and the current K-IFRS standard. We analyzed the matched pair sample at loan amount, insurance contract debt, total assets amount, total debts amount, total capital amount in the financial statements of the listed 12 insurance company. We found that insurance contract debt, total assets amount, total debts amount, total capital amount are difference before and after K-IFRS applied insurance company.

The Effect of New Revenue Recognition Standard on Telecom Firms' Financial Reporting : Focusing on Regulatory Accounting (새로운 수익인식기준이 통신사업자의 재무보고에 미치는 영향 : 규제회계를 중심으로)

  • Chon, Mi-Lim;Jung, Jin-Hyang;Lee, Tae-Hee
    • Journal of Digital Convergence
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    • v.17 no.11
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    • pp.163-170
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    • 2019
  • A new revenue recognition standard was adopted in 2018. The purpose of this paper is to analyse how K-IFRS 1115 'Revenue from Contracts with Customers' affects the revenue recognition of the telecommunication firms and to suggest a regulatory policy for the telecommunications industry. It shows identifying performance obligations for bundles, determining the transaction price and allocating the transaction price to the performance obligation and how to account for it using case study. The most important change in the telecommunication companies's revenue is to allocate the transaction price to two performance obligations: telecom services and mobile handset sales. As a result, sales revenue are expected to drop en masse. This study provides important implications for the regulatory accounting policy of the telecommunications industry.

Research on the Quality of Employment Centered on Information Communication Technology Industry

  • Jeong, Soon Ki;Ahn, Jong Chang
    • International Journal of Internet, Broadcasting and Communication
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    • v.12 no.4
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    • pp.238-247
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    • 2020
  • This study has a purpose to analyze quantitatively whether ICT industry provides the qualitative indicator of employment to attract excellent human resources. We investigate the relationships of labor market conditions among ICT manufacturing, non-ICT manufacturing, ICT services, non-ICT services. Therefore, the quantitative and qualitative indicators of employment (wages, working hours, admission and turnover, involuntary retirement, and the duration years of job) are analyzed for the ICT industry and IT workers. In order to quantitatively analyze qualitative indicators such as employment status and longevity, we used employment statistics. In order to compensate for the limitations of employment insurance data, the comparison analysis with the survey data of economically active population of the National Statistical Office was conducted. As a result of this research, ICT service industry has to improve the working conditions of employees and establish an ecosystem for a lifelong career base to grow as a specialist, need to pursue an investigation for ICT worker career shift, and promote standard labor contracts. In addition, protection of employees, ICT-related job vision and social respect have to be perused.

A Study on the Utilization of Emergency Arbitrator for Effective Dispute Resolution in Shipbuilding and Shipping Industries (조선·해운산업의 효과적 분쟁해결을 위한 긴급중재인 제도 활용방안에 관한 연구)

  • Kim, Sung-Ryong
    • Journal of Arbitration Studies
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    • v.27 no.1
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    • pp.107-129
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    • 2017
  • Arbitration has grown a unique resolving method for international commercial disputes. However, it has considered a similar court process, such as interim relief, during arbitration proceedings. Further, it would be asked for urgent measures before the arbitrators are constituted in the proceedings. In this case, the disputing party has to apply in the court. This is an unattractive factor in international arbitration; therefore, some institutions are trying to reform such an inconvenient system by adopting the emergency arbitrator. The purpose of this study is to look into ways of utilizing the emergency arbitrator for effective dispute resolution in shipbuilding and shipping industries. The emergency arbitrator needs to solve problems such as making a decision on leaving cargos in the ship, matters involving a ship arrest, or issues regarding vessels under construction. In order to utilize the emergency arbitrator system, it needs to make a close partnership with related institutions, prepare Korean-style standard shipbuilding and shipping contracts, and provide training programs for new emergency arbitrators and staff of institutions. Next, the arbitration institution has to have a great working relationship with a court. Finally, it should try to implement a new system, such as on-line service, for the procedures of the emergency arbitrator.

An Analysis on the Problems of General Conditions for Domestic Design-Build Construction Projects (국내 설계${\cdot}$시공일괄발주방식을 위한 공사계약 일반조건의 문제점 분석)

  • Seo Young-Min;Park Chan-Sik
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.303-306
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    • 2003
  • Although design-build construction projects have recently increased. general conditions of construction contract are not reflecting the characteristic of design-build construction projects neither performing its fundamental roles as implying many claim elements. So. this study aims to propose the basis for improving the general conditions of the domestic design-build construction projects. This study reviews literatures associated with design-build construction contract and analyses domestic general conditions into foreign standard forms of general conditions. Additionally, it is examined the problems of design-build construction contracts and performed questionnaire survey to the practitioner in the construction contract field. In doing so, this study suggests the direction for improving general conditions of domestic design-build construction projects.

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Development of Representative Curves for Classified Demand Patterns of the Electricity Customer

  • Yu, In-Hyeob;Lee, Jin-Ki;Ko, Jong-Min;Kim, Sun-Ic
    • 제어로봇시스템학회:학술대회논문집
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    • 2005.06a
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    • pp.1379-1383
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    • 2005
  • Introducing the market into the electricity industry lets the multiple participants get into new competition. These multiple participants of the market need new business strategies for providing value added services to customer. Therefore they need the accurate customer information about the electricity demand. Demand characteristic is the most important one for analyzing customer information. In this study load profile data, which can be collected through the Automatic Meter Reading System, are analyzed for getting demand patterns of customer. The load profile data include electricity demand in 15 minutes interval. An algorithm for clustering similar demand patterns is developed using the load profile data. As results of classification, customers are separated into several groups. And the representative curves for the groups are generated. The number of groups is automatically generated. And it depends on the threshold value for distance to separate groups. The demand characteristics of the groups are discussed. Also, the compositions of demand contracts and standard industrial classification in each group are presented. It is expected that the classified curves will be used for tariff design, load forecasting, load management and so on. Also it will be a good infrastructure for making a value added service related to electricity.

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A Study on the Main Characteristics in Indian Arbitration and Conciliation Act (인도 중재.조정법의 주요 특성에 관한 연구)

  • Shin, Koon-Jae
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.71-92
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    • 2012
  • The significant increase in international trade over the last few decades has been accompanied by an increase in the number of commercial disputes between Korea and India. Understanding the Indian dispute resolution system, including arbitration, is necessary for successful business operation with Indian companies. This article investigates characteristics of India's Arbitration and Conciliation Act in order to help then traders who enter into business with Indian companies to settle their disputes efficiently. The Arbitration and Conciliation Act(1996) based on the 1985 UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976, has a number of characteristics including the following: (i) this act covers ad hoc arbitration and institutional arbitration (ii) parties to the arbitration agreement have no option except arbitration in case of any dispute (iii) the parties can choose their own laws, places, procedures, and arbitrators (iv) the decision of the arbitrators is final and binding (v)role of the court has been minimized and (vi) enforcement of foreign awards is recognized. However, there have been some court decisions that have not been in tune with the spirit and provisions of the Act. Therefore, Korean companies insert the KCAB's standard arbitration clause into their contracts and use India's ADR(Alternative Dispute Resolution) Methods to strategically resolve their disputes. Additionally, Korean companies investigate Indian companies' credit standing before entering into business relations with them.

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