• Title/Summary/Keyword: Subcontracts

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Improvement of Contract Change Order System for the Fairness of Subcontracting in Public Construction Projects (공공건설공사의 하도급 거래 공정화를 위한 계약변경 제도개선 방향)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.5
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    • pp.3-10
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    • 2020
  • Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

Jurisdiction of the Arbitral Tribunal in the Case of Multiple Contracts

  • Rodner, James Otis;Marcano, Angelica
    • Journal of Arbitration Studies
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    • v.24 no.3
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    • pp.1-31
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    • 2014
  • The foundation of the arbitration jurisdiction is the arbitration agreement entered into by the parties to a contract. Usually, only the signatory parties to a contract and the disputes arising from a contract that includes an arbitration clause or to which the arbitration clause relates are the ones that can be submitted to arbitration. This article discusses some of the arguments for extending the arbitration clause in complex arbitrations, that is, in those cases where there are more than two parties, more than two contracts or more than two parties and contracts. Particularly, this paper addresses multiple contract arbitration when the contracts are related. One of the arguments used by the arbitral tribunal for the extension of jurisdiction is the existence of a link between the contracts. Additional arguments include implied consent, participation in the negotiation and performance of a contract and good faith. The article also discusses some of the typical cases of linked contracts in many civil law countries, such as subcontracts, third party beneficiaries and standard terms of contracts, from which arbitral jurisdictions problems may arise. Finally, special attention is given to Article 14 of the 2008 Peruvian Arbitration Law as the first provision in an arbitration law in Latin America that extends the arbitration agreement to non-signatory parties using for this a mixed approach.

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A Study on the Development of Subcontracting System for the Machine Manufacturing Industry (기계공업(機械工業)을 위한 외주관리(外注管理)시스템 개발(開發)에 관한 연구(硏究))

  • Kim, Won-Jung;Kim, Gwang-Seop
    • Journal of Korean Society for Quality Management
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    • v.8 no.2
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    • pp.45-58
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    • 1980
  • The relationship between the subcontractor and the subcontractor in current industries, especially in the machine manufacturing industry, should be developed to the "Efficient Q-C-D System" in which the three elements of consideration-Quality, Cost and Delivery condition, are in a state of equillibrium. From this point of view the two parts of a subcontract must cooperate in the whole activity: ranging from the initial products planning, through the manufacturing process, to the final usage by customers. In this report, we tried to present Korean machine manufacturing industry with the model of management system of subcontracts in order that machine manufacturers may assure the quality, reduce the production cost and enhance the productivity with the model.

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Study of the Change of Business Competence as the Evolution of Digital Ecosystem (디지털생태계의 진화와 사업역량 변화에 관한 연구)

  • Lee, Kae Soo;Yoon, Heon-Deok
    • Journal of Korea Multimedia Society
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    • v.18 no.9
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    • pp.1105-1117
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    • 2015
  • During the last decade, the business infrastructure has become digital with increased interconnections among products, processes, and services. Across many firms spanning different industries and sectors, digital technologies are fundanmentally transforming business stratiges, business processes, firm capabilities, productes and services, and key interfirm relationships in extended business networks. With the emergence of smartphones, the paradigm of the ICT industry is rapidly changing as the line between global and local markets are being blurred. In the changing global environment, although some game companies are accelerating the improvement of their global competitiveness and cases of successes of venture enterprises by developing biosimilar technology are being discovered, majority of ICT companies are focusing on limited marketing activities to get subcontracts or projects from large companies. Thus the aim of this study is to find out how digital ecosystems evolve and how business models and strategies have changed of individual companies according to the evolution of the digital ecosystems.

The Effect of the Formalization of Organization and IT activities on the Logistics Performance. (물류정보기술의 수용이 물류성과에 미치는 영향에 관한 연구)

  • 장경수
    • The Journal of Information Technology
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    • v.4 no.4
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    • pp.1-14
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    • 2001
  • The Purpose of this study is to determine whether the fitness between the formalization of logistics organization and information technology(IT) activities enhances the logistics performance. Successful participation in the global marketplace demands the formalization of the logistics organization and the integration of a firm's logistics activities, which can be enhanced by electronic linkage. The electronic linkage is improved by IT activities, which are divided into three subcontracts. Those are hardware system developments, software developments and system operation. Specifically this study tries to answer the following questions: First, relationship of the formalization of logistics organization iud logistics performance, second, relationship of IT activities and logistics performance.

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Study of the Improvement of Information Management System on Subcontracted Service Results (하도급 용역실적 정보관리체계 개선 연구)

  • Kim, SeongJin;Kim, NamGon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.15 no.11
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    • pp.6870-6876
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    • 2014
  • Construction subcontracted services are conducted without clear systems, but to establish a sound trading order between the contractors and subcontractors, the government recently complemented a relevant system to legalize and systematically manage subcontracted services. This study prepared a system for managing the subcontracted construction service result after providing the optimal alternative plan through a related persons' interview, such as the ordering agency and the service company. Towards this end, the management system is provided to integrate subcontracted services and contracted services based on the system managing Construction Technology Service Result. The study findings can be shortened by more than 90% of the performance certification issuing work, and used to formulate measures to protect subcontractors, such as the prevention of low-priced subcontracts, by managing an objective and reliable subcontracted service result.

A Study on the Arbitration and Maritime Dispute Resolution in Korea and Japan (한·일 해사분쟁해결과 중재제도에 관한 고찰)

  • Yu, Byoung yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.65-97
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    • 2014
  • Arbitration is the dispute methods for speedy and economic resolutions in international commercial areas. In maritime disputes cases in East Asia, Korea and Japan are the regional benefits to cover and deal with the maritime cases on arbitration. And Korea and Japan are the competitive maritime industry for heavy shipbuilding industry, cargo carrier, processing and transhipment service on ports, and ship financial services in national competitive areas. Japan is the Tokyo maritime arbitration commission(TOMAC) as an uniquely capable of dealing with arbitrations involving problems arising in the sea field. TOMAC provides amended its arbitration rules 2014 aiming at matching with the maritime disputes circumstances with three maritime arbitration rules as ordinary rules, simplified rules and the rules of small claims arbitration procedure. KCAB however, as the unique commercial arbitration board in Korea is dealing on all of the commercial disputes on only the international commercial arbitration rules in 2011. Though KCAB is dealt with maritime dispute cases on international arbitration rules in Korea, it is small and simple compared with TOMAC in Japan. Maritime disputes are highly complicated and embroiled with multi-parties contract and subcontracts arising under contracts relating to bills of lading, charter parties, sale and purchase of ships, shipbuilding, ship financing and so forth. This paper is to provides a discussion and comparison on recently arbitration rules focus on the maritime aspects on Korea and Japan. We need to consider to make an independent and special institute and maritime arbitration rules including the multiparty consolidation and med-arb provisions for handling the disputes and resolution of maritime conflict cases in Korea.

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Spatial Chracteristics of the Inter-firm Networks in the Industrial Clusters in Seoul : Focus on Computer Industry (기업간 네트워크와 산업집적지의 성장특성 -한국 컴퓨터산업을 사례로-)

  • 김선배
    • Journal of the Korean Regional Science Association
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    • v.13 no.2
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    • pp.55-74
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    • 1997
  • This paper investigates the spatial characteristics of networks, which arise as a firm's strategy to enhance its competitiveness to cope with the changing economic environments characterized by technological changes and increasing competitiveness. The theoretical framework in this study proposes that networks emerge as a firm's strategies to promote its competitiveness through the vertical/horizontal disintegration of the production system. Futhermore, regional industries of networks. The study examines the types of cooperation and the spatial boundary of the computer industry networks in Korea. Questionnaire survey was conducted on 1, 128 computer companies which had more than 10 employees, with 126 questionnaires being used for analysis. In addition, newpaper articles were used to supplement the foregoing work on network characteristics. The review of these articles covers the period from Jan. 1994 to June 1996. Major findings of this study are as follows: The spatial range of cooperative networks varies according to the specific characters of cooperation(R & D, production, and seles). Intralocal networks are being developed in Kangnam and Youido area, the computer industry agglomeration clusres of Seoul. There are the regional differnces in the agents and contents of cooperation. In intra-national R & D and production networks, regional differnces in agglomeratins and non-agglomerations are not detercted. Most networks of this type are found between large firms and small firms. In contrast, foregn R & D and production networks, which are operated mostly by large firms, are found in Kangnam, Youido, and CBD. Intra-national and foreign productino networks are also focused in Kangnam, Youido, and CBD. Small firms are playing an active role in making this type of cooperation possible. In the perspective of localization-globalization, Korean computer industry can be analyzed in two respects: industrial and regional. The localization of small firms and the localization-globalization of large firms' networks are being developed in industrial contexts, while the localization-globalization of agglomerations and the localization of non-agglomerations networks are being developed in regional contexts. As networks for the localization-globalization of industry are growing in agglomerations, interfirm networks could be related to trends in the formation or intensification of industrial agglomerations. industrial agglomeration areas function as a facilitator of localization through subcontracts, intraregional network and interregional network. They also facilitate globalization via foregn networks. In non-agglomeratin areas, localization networks, which are connected with agglomeration areas via subcontracting, interregional R & D. or production cooperation.

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Deriving Key Risk Sub-Clauses of FIDIC Conditions of Standard Subcontract -Based on FIDIC Conditions of Subcontract for Construction, edition 2011- (FIDIC 표준하도급 계약조건 핵심 리스크 세부조항 도출)

  • Hong, Seong Yeoll;Jei, Jae Yong;Seo, Sung Chul;Park, Hyung Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.42 no.3
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    • pp.439-448
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    • 2022
  • Recently, domestic small and medium-sized subcontractors participating in the overseas construction market are suffering from the continuous loss and damage due to the insufficient recognition of the importance of risk Sub-Clauses among conditions of subcontracts. Therefore, the need to derive risk Sub-Clauses for conditions of the subcontract has been raised, but until now, previous studies have been conducted focusing on deriving risk Sub-Clauses for standard conditions of contract for construction between the Employer and the Contractor. In this study, 52 risk Sub-Clauses were derived on the basis of the influence size of the Sub-Clauses through the Delphi technique targeting 94 Sub-Clauses of conditions of standard subcontract for construction edition 2011, issued by the International Federation of Consulting Engineers (FIDIC) and In addition, 33 key risk Sub-Clauses were finally derived through the PI Risk Matrix by Probability and Impact. The results of this study provide will useful information on key risk Sub-Clauses that need to be reviewed in advance to minimize contractual risks at the stage of bidding and signing contracts for overseas subcontract construction projects.

The Study of the Direction of Development of the Korean Feature Length Animation for Movie Theater : in the Case of 〈 Leafle, A Hen into The Wild 〉 (한국 극장용 장편 애니메이션 산업의 발전 방향에 대한 연구: 〈마당을 나온 암탉〉을 중심으로)

  • Kim, Yoon-A;Mok, Hae-Jung
    • Cartoon and Animation Studies
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    • s.26
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    • pp.109-130
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    • 2012
  • The purpose of this study is to suggest the direction of the development of the feature length animation for movie theater by analyzing of the reasons of the success of . released in 2011 has broken box office records by drawing 2 millions since drew 760 thousands in 1976. This can be one of the success model of the animation for movie theater, considering it has had trouble not only in planning ability and scenario power but also in producing environment where subcontracts are prevalent. This box office hit seems to have been possible through cooperation and division of movie crews and animation crews. Many kinds of materials are reviewed and producer Kim Seonku was interviewed for analysis of the reasons of box office success. Followings are five reasons of success found as the result of analysis and the body of this article is composed of the argument and analysis of each. 1.This animation was planned and produced in the same way of commercial feature films. 2.There was detailed division of work while producing 3. Various kinds of investments were made sequentially, 4. Major film distributor like Lotte and CJ could be motivated 5. There were producers who can mediate between the animation and film field This study suggests the direction both in the aspect of industry and the aspect of training professionals as the result of analysis. In the industrial aspect, transitional cooperation is needed between animation filed and film field which can motivate distributor. Industrial approach like planning, investment, distribution and marketing is absolute for the success of animation for movie theater. Also in the aspect of training professionals, curriculum needs to be improved in the university because the ability and passion of the professionals in the field of animation industry are the most important and education is the most approachable way.