• Title/Summary/Keyword: Supply Contract

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A Comparative Study on the Institute Time Clauses-Hulls 1995, American Institute Hulls Clauses 1977 and Japanese Hull Standard Clauses, 1990 (영국.미국.일본선박보험약관의 비교연구 -오염손해, 보험사고 발생의 통지의무, 신구교환차익공제 및 중복보험에 관한 규정을 중심으로-)

  • Hong, Sung-Hwa;Kim, Ki-Ung
    • Journal of Navigation and Port Research
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    • 제26권1호
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    • pp.66-77
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    • 2002
  • Generally hull insurance is undertaken by mean of a contract of hull insurance. A contract of hul1 insurance here is a contract whereby the insurer undertakes to indemnify the assured against the loss and damage to the vessel mused by maritime perils. A contract of hull insurance is consists of printed main insurance clauses and a clause includes many sub-clauses. Now the Institute Time Clauses-Hulls (hereunder refer to as "English hull insurance clauses"made by the Institute of London Underwriters is much used as the standard from or basic from by many countries ail over the world Now Korean insurance companies hue not made our their own hull insurance clauses, they have just adopted the made-out English hull insurance clauses and the english law and practice to solve the problem related to marine insurance. On the other hand, the United States of America and Japan have made out their own hull insurance clauses based on English hull insurance clauses and used the clauses for many years. Now American is using American Institute Hull Clauses(hereunder refer to as "American hul1 insurance clauses"as its own clauses which was made out by American Institute of Marine Underwriters in 1977 and Japan is also wing its own clauses named Japanese Hull Standard Clauses(hereunder refer to as "Japanese hull clauses") which was made out by japanese Hull Insurance Association in 1990. Therefore the purpose of this study is not only to make a comparative study on English hull insurance clauses 1995, American hull insurance clauses 1977 and Japanese hull clauses l990, but also to supply on some legal materials necessary for Korea to establish and perform our own hull insurance clauses.

Air Carrier's Civil Liability for Overbooking (항공권의 초과예약(Overbooking)에 관한 항공사의 민사책임)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • 제31권1호
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    • pp.99-144
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    • 2016
  • The summary of the case is as follows: a Korean passenger booked and purchased a business class ticket from Air France that was scheduled to depart from Paris and arrive in Seoul. When the passenger arrived at the check-in counter, he was told that all business class seats were occupied. It was because the flight was overbooked by Air France. The passenger cancelled the Air France flight and took another air carrier. After arriving in Korea, he brought suit against Air France for damages. The purpose of this article is to discuss the governing law when interpreting the contract of international air carriage in accordance with the Korean Private International Act (2001) and to analyze air carrier's civil liability for the bumped passenger in the overbooking case. If the parties have not chosen the applicable law the contract shall be governed by the law of the habitual residence of the consumer in the following situations: prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country or in case the opposite party of the consumer received an order of the consumer in that country [Article 27 (1), (2) of the Private International Act]. Since the contract of international carriage falls into the consumer contract, the Supreme Court viewed that the governing law of the contract in this case would be the law of the habitual residence of the consumer (Supreme Court Decision 2013Da8410 decided on Aug. 28, 2014). This interpretation differs from the article 5 (4) of Rome Convention(80/934/EEC) which declares that the consumer contract article shall not apply to neither a contract of carriage nor a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. Even though overbooking can be considered as a common industry practice, an air carrier must burden civil liability in case of breach of contract for the involuntary bumped passenger(Seoul Central District Court Decision 2014Na48391 decided on Jan. 29, 2015). In case of involuntary bumping, an air carrier must offer re-routing to passenger's final destination by an alternative flight. If an air carrier fails to effect performance in accordance with the tenor and purport of the obligation, the involuntary bumped passenger may claim damages(Article 390 of the Civil Code).

Credit Economic Society and the Subject of Home Management (신용경제사회와 가정경영학의 과제)

  • Hyun Mi-Ok;Chae Ock-Hi
    • Korean Journal of Human Ecology
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    • 제7권4호
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    • pp.71-81
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    • 2004
  • This study was to understand the credit economic society and the frequency of credit use, and to suggest the method of home management in credit economic society. First of all, the consumer education of credit will have to convenience the utilization of consumer education, to supply the information of credit value and a contract thinking, and to develop the variety of media and tools in consumer education.

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Transaction Models within a Supply Chain and Optimal Wholesale Pricing of Two Competing Suppliers (경쟁이 있는 공급사슬의 거래모형과 최적납품가격)

  • Park, Hae-Churl;Ahn, Bong-Hyun
    • Journal of the Korean Operations Research and Management Science Society
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    • 제37권3호
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    • pp.117-134
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    • 2012
  • We analyze a systematic relationship between transaction mechanisms and wholesale pricing schemes within a supply-chain with two competing suppliers and a monopolistic retailor. When one of the suppliers changes its transaction mechanism from an independent scheme to a cooperative one, then the wholesale prices of the suppliers become cheaper than before. When one supplier changes its transaction scheme to a cooperative one while the other supplier sticks to the existing independent transaction scheme, we show that the supplier with a cooperative transaction scheme can realize the increased profit via a profit sharing contract with the retailer but the supplier with independent transaction scheme can face the decreased profit. We also show that both suppliers can achieve the higher profits by adopting the cooperative schemes with the retailer.

A study on Mass production stage Tank Battle Management System Environmental Stress Screening test method and application improvement based on Production process data (생산 공정 자료 기반 양산단계 전차 전장관리체계 환경 부하 선별 시험 방법 및 적용 개선에 관한 연구)

  • Kim, Jang-Eun;Shim, Bo-Hyun
    • Journal of Korean Society for Quality Management
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    • 제43권3호
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    • pp.273-288
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    • 2015
  • Purpose: In this study, we apply environmental stress screening (ESS) to battle management system (BMS) of a tank and use the ESS profile based on production process data, guided by MIL-HDBK-781/344/2164. Methods: To optimize ESS Profile of the BMS of a tank, we estimate ESS model parameters (e.g., defect density, screening strength) using primary production failure reporting and corrective action system (FRACAS) data of military supply contract firm. Results: First, we collect the Primary production FRACAS data of military supply contract firm. Second, we compute curve fitting approach to find patent defect density and latent defect density using FRACAS data. Third, we solve the equation of Defect Density(patent defect density + latent defect density)($D_{IN}$) and Screening Strength(SS) Using second step data. As a result of analysis according to the order, we calculate $D_{IN}$(Temperature stress case : 74.02, Vibration stress : 10.252) and : SS(Temperature stress case : 0.4632, Vibration stress : 0.4142) and confirm the Condition II-D based on MIL-HDBK-344. According to Condition II-D, it is necessary to modify existing ESS profile through decreasing the $D_{IN}$ and increasing the SS. Conclusion: Identification of defect causes through ESS approach reduce defect densities for production. It provides feedback to a lessons-learned data base to avoid similar problems on next generation tank BMS.

The Rights of Patients as Consumers (환자의 소비자로서 권리)

  • Kwon, Yong Jin;Son, Sang Sik;Lim, Young Deok
    • Health Policy and Management
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    • 제22권3호
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    • pp.315-346
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    • 2012
  • The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

Fusion of Blockchain-IoT network to improve supply chain traceability using Ethermint Smart chain: A Review

  • George, Geethu Mary;Jayashree, LS
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • 제16권11호
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    • pp.3694-3722
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    • 2022
  • In today's globalized world, there is no transparency in exchanging data and information between producers and consumers. However, these tasks experience many challenges, such as administrative barriers, confidential data leakage, and extensive time delays. To overcome these challenges, we propose a decentralized, secured, and verified smart chain framework using Ethereum Smart Contract which employs Inter Planetary File Systems (IPFS) and MongoDB as storage systems to automate the process and exchange information into blocks using the Tendermint algorithm. The proposed work promotes complete traceability of the product, ensures data integrity and transparency in addition to providing security to their personal information using the Lelantos mode of shipping. The Tendermint algorithm helps to speed up the process of validating and authenticating the transaction quickly. More so in this time of pandemic, it is easier to meet the needs of customers through the Ethermint Smart Chain, which increases customer satisfaction, thus boosting their confidence. Moreover, Smart contracts help to exploit more international transaction services and provide an instant block time finality of around 5 sec using Ethermint. The paper concludes with a description of product storage and distribution adopting the Ethermint technique. The proposed system was executed based on the Ethereum-Tendermint Smart chain. Experiments were conducted on variable block sizes and the number of transactions. The experimental results indicate that the proposed system seems to perform better than existing blockchain-based systems. Two configuration files were used, the first one was to describe the storage part, including its topology. The second one was a modified file to include the test rounds that Caliper should execute, including the running time and the workload content. Our findings indicate this is a promising technology for food supply chain storage and distribution.

Implementation of Customized EPM for Collaborative Resource Procurement in Small and Medium Size Plant Construction Enterprises (중소플랜트기업의 협업자원조달을 위한 Customized EPM구현)

  • Nam, Jung-Tai;Kim, Sung-Hun;Han, Young-Geun
    • Journal of the Korea Safety Management & Science
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    • 제10권2호
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    • pp.133-141
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    • 2008
  • The need for total enterprise management that covers from accepting orders, design, cost, procurement, manufacture, and delivery has been recently raised in order for efficient project management of small and medium size plant construction enterprises. This trend is reflected in the introduction of EPM(Enterprise Project Management) solutions by some shipbuilding enterprises and large construction corporations. In step with the trend, small and medium size plant construction enterprises are enabled to provide knowledge base in terms of reducing cost and production period and managing portfolio for accepting orders and attaining contract by inducing customized EPM This study presents a design of customized EPM based on a case study of a company. It exhibits a collaborative/collaboration resource-supply model which can be universally applied to small and medium size job-order production enterprises. The research discusses that under the assumption that information is shared internally between departments on planning, supply, manufacture, and quality control in order to create collaborative environment and close participation is created externally between suppliers and orderers, productivity can be improved in cost reduction through planning efficient collaborative supply model.

A Case Study on Operating Situations of Environment-friendly School Food Service Center managed directly by Local Government (지자체 직영형 친환경 학교급식지원센터의 운영실태에 관한 사례연구 -홍성군 학교급식지원센터를 중심으로-)

  • Kim, O-Youl;Kim, Ho
    • Korean Journal of Organic Agriculture
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    • 제24권1호
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    • pp.45-59
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    • 2016
  • The Hongseong-Gun school food service center (Hongseong SFSC) that is managed directly by local government is supplying local environmentally friendly foods from 2014. This study aimed to analyze a case on Hongseong SFSC and to propose improving directions. Hongseong SFSC showed higher supply ratio (67.4%) of local environmentally friendly foods compared to the other centers. The operation effects of this center are reliably price of farmer's products, increased consumption of local agri-products, school food confidence, and so on. But there are many problems on this operation. Improvement directions of SFSC for local food system are as follows: Firstly, the supply range of foodstuffs is needed to establish quality standards to increase foodstuffs quality. Secondly, guidelines for creating a fair commission fee structure should be established. Thirdly, the contract issues between the center and schools need to be resolved by governance system. Fourthly, local environmentally friendly agricultural cultivation and cropping systems are required to establish reliably supply of farmer's products.

Increased Chicken Consumption along with the Coordinated Structure Change in Korea

  • Park, Young In
    • Korean Journal of Poultry Science
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    • 제39권4호
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    • pp.269-271
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    • 2012
  • The chicken has been growing in Korea for more than a thousand years according to the history book and commercially rising for broiler meat only since 1960's. As income increased mainly due to improved economy, it changes the habit of eating especially chicken meat. The structure changes into a coordinated production and marketing system which forced the prevailed small and independent producers to become a contract farmer under the vertically controlled practices. This coordinated structure began in 1970's and evolved continually to occupy around 90 percent of the market in 2010 with some ten (10) private brands being advertising. The industrial organizations have also conducted the generic promotion by a farmer's check-off program. Over the past 20 years, chicken import steadily increased to meet about 25 percent of the domestic market while the export showed negligible growth. As a whole, the structure change and international trade devoted to increased chicken consumption from 2 kg with the independent operation to 11 kg currently under the coordinated system and import. It is predicted that chicken consumption will grow in years to come and the import will also increase in addition to local productions, considering the free trade agreement that has already been in practice with EU and US to open the market eventually from all sources of supply worldwide.