• Title/Summary/Keyword: contract method

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Efficient Application of Multi-Trade Contract Method to Public Construction Project (공공건설사업 직할시공제 적용의 문제점 및 효율적 적용 방안)

  • Chang, Chul-Ki
    • Korean Journal of Construction Engineering and Management
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    • v.14 no.2
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    • pp.35-44
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    • 2013
  • Multi-trade Contract Method was introduced as a means of cutting down construction cost of public housing for low income people. Before a specific project delivery method is applied to large public construction project, it is necessary to discuss all the issues raised up from all the parties in construction industry and all the issues which can impact project performance. Thus the interviews were conducted with industrial professionals from diverse organizations and previous studies were investigated to figure out how this newly introduced project delivery method may impact owner's role and responsibility and project performance in terms of cost, schedule, quality and risk. Under the Multi-trade Contract Method, project owner's management tasks will be highly increased, so it should be checked out if the owner can do its role and responsibility. Public owner's organization also needs to be changed and proper project management procedure and system need to be established. In addition, for efficient application of Multi-trade Contract Method, public owner should consider diverse management approach to deliver the project, and how to select and maintain qualified specialty trades.

Institutional Research for the Introduction of Construction Management at Risk in the Public Sector (시공책임형 CM의 국내 공공부문 도입을 위한 제도적 기반 수립 연구)

  • Park, Jiho;Kim, Kyungrai;Bae, Byungyun
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.4
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    • pp.20-28
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    • 2021
  • The Domestic Construction Industry is in the process of changing from a one-sided production method centered on the contractor to a production method in which the order and the contractor can collaborate. Depending on the delivery method, the bid/success method, the contract method, and the degree of business involvement of the order may also vary. In this thesis, in order to introduce 'Construction Management at Risk' suitable for the domestic environment, domestic and foreign institutional analysis, bid process analysis, contract fulfillment and management analysis, post management analysis, and related laws and regulations for legalization In order to suggest a plan for the efficient operation of the system, a system and case analysis of domestic and international construction responsibility type construction project management was conducted. 'Construction Responsible Construction Project Management' defined in the Framework Act on the Construction Industry is divided into the main contract transfer contract, which is a service contract performing pre-con work, and the main contract, which is construction project management and construction contract. Therefore 'Construction Management at Risk' should be regarded as one of the ordering methods rather than a successful bid system, as in the case of overseas, and legalization as a bidding system equivalent to design/construction batch bid and technology proposal is necessary for introduction. In order to introduce 'Construction Management at Risk' suitable for the domestic environment, domestic and foreign institutional analysis, bidding process analysis, contract fulfillment and management analysis, and follow-up management analysis are conducted. A method for efficient operation was suggested so that it can be applied in the domestic market while maintaining the original merits of this system.

A Comparative Analysis on the Methods of Quantifying Damages - Focused on the CISG - (손해배상액(損害賠償額) 산정방식(算定方式)에 관한 비교연구(比較硏究) - CISG를 중심으로 -)

  • Bae, Jun-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.16
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    • pp.59-81
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    • 2001
  • There are two methods of quantifying the damages when the contract is avoided. One is 'concret' assessment, the other is 'abstract' assessment. The former looks to the actual cost incurred by the aggrieved party in concluding a contract for the substitute transaction, while the latter is based on the market price. The concrete method of assessment forms the starting point in the Civil Law systems. In the Common Law systems, it is likewise available. The aggrieved party is entitled to recover the difference between the cost of cover or (as the case may be) the proceeds of resale and the contract price. Both systems also recognize the abstract method of assessment. If the aggrieved party does not resell or cover, damages are equal to the difference between the price fixed by the contract and the market price. The CISG and the UNIDROIT Principles recognize expressly both concrete and abstract methods. Under the relevant articles, the aggrieved party can recover the damages assessed by one of the methods as well as any further damages such as loss of profit, incidental and consequential damages.

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Comparative Study on UNIDROIT Principles and Korean Civil Law about Illegality of Contract in International Trade (국제무역상 계약의 위법성에 관한 UNIDROIT원칙과 한국민법 비교연구 - 한국민법의 개선방안을 제시하며 -)

  • Chang-Won Ryu
    • Korea Trade Review
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    • v.45 no.1
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    • pp.221-239
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    • 2020
  • Among various export contracts, the contents of contracts are very important. Various companies make use of this method. [Which method are you talking about?] However, the Korean law system has an insufficient understanding of the international legal system. This paper looks into the conditions related to contracts in relation to the legal system. This paper analyzes not only the Korean civil law system about illegality of contracts but also makes a comparison with other international systems, such as the UNIDROIT Principles. Especially, the Korean civil law system about the illegality of contracts is comparable with the UNIDROIT Principles system about illegality of contracts. The purpose of this paper is to examine the revitalization of Illegality of Contract. This paper also deals with improvement of International Commercial Activation. Thus, this paper will offer directions to International Trade Practitioners. There is disagreement regarding methods of action related to international trade practice. Especially, this study is good for commercial parties, especially overseas sales people.

Influence of Therapeutic Exercise on Functional Leg Length Inequality (PNF의 수축-이완 운동이 기능적 하지길이 차이에 미치는 영향)

  • Gong, Won-Tae;Bae, Sung-Soo;Jung, Yeon-Woo
    • Journal of the Korean Society of Physical Medicine
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    • v.2 no.2
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    • pp.183-194
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    • 2007
  • Purpose : The purpose of this study was to evaluate influence of therapeutic exercise on functional leg length inequality(LLI). Methods : The subjects were consisted of thirty patients who had Leg length inequality(LLI) of more than 10mm(l6 females. 14 males) from 20 to 35 years of age(mean aged 24.23). All subjects randomly assigned to contract-relax exercise of proprioceptive neuromuscular facilitation(PNF) group(n=15), control group(n=15). Contract-relax exercise group received contract-relax exercise about 10 minutes with therapeutic massage about 15 minutes for 3 times per week during 4 weeks period. Control group not received intervention during 4 weeks period. The tape measure method(TMM) was used to measure functional Leg length inequality. Biodex System 3 Pro was used to measure strength of Knee extension & flexion. All measurements of each subjects were measured at pre-test, 2weeks post-test and 4weeks post-test. Results : 1. The LLI of contract-relax exercise group was significantly reduced according to within treatment period(p<.05), most significantly reduced between pre-test and post-test(p<.05). Contract-relax exercise group significantly more reduced than control group(p<.05). 2. The knee extension strength of contract-relax exercise group was significantly increased according to within treatment period(p<.05), most significantly increased between pre-test and post-test(p<.05). Contract-relax exercise group significantly more increased than control group(p<.05). 3. The knee flexion strength of contract-relax exercise group was significantly increased according to within treatment period(p<.05), most significantly increased between pre-test and post-test(p<.05). Contract-relax exercise group significantly more increased than control group(p<.05). Conclusion : Contract-relax exercise applied with therapeutic massage can reduce LLI and increased lower extremity muscle strength.

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A Study on Contract Management Method with regard to Direct Payment of Subcontract Payment (하도급대금의 직접지급에 따른 계약관리방안에 대한 고찰)

  • Lee Jong-Gwang;Kim Yong-Su
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.11-16
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    • 2001
  • The purpose of this study is to examine contract management method with regard to Direct Payment of Subcontract Payment outlined in Article 14 of The Fair Trade Subcontract Transactions Act. The literature research and deductive demonstration are adopted as research method. And the findings of this study are as followed. (1) The study has shown the closer interpretation on the legal condition and the impact of Direct Payment of Subcontract Payment. (2) The study has revealed the solution for the questions concerning Direct Payment of Subcontract Payment by exploring and demonstration. (3) The study has suggested contract management method for contractual parties with respect to Direct Payment of Subcontract Payment.

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A Study on the Dispute Boards in International Medium and Long-term Transaction - Focus on the Construction Contract - (중장기 국제거래에서 분쟁해결위원회에 관한 고찰 - 건설계약을 중심으로 -)

  • Yu, Byoung Yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.79-108
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    • 2013
  • International transactions of plant and construction project need to time to time for completing the contract. During the performing the contract there may arise many claims and disputes it should be settled rapidly for processing schedule of works. However, arbitration and litigation for settlement of dispute are inappropriate in time and expense under the specifications of plant and construction project. Dispute boards are one of the successful resolution method of dispute prior to litigation or arbitration. If the dispute board was failed, of course, it may be allowed to continue into litigation or arbitration. As the creative methods of parties agreement, dispute boards may be expected to avoid claims and dispute in long and medium international contract. The purpose of this paper is to explore the specification and limitations of dispute boards that may clear disputes under long and medium contract of construction and procurement. It needs to be understand to determine whether is the useful methods for resolving dispute in the international project. This paper considers the specific natures of dispute board and its rules, procedures and problems including ICC and FIDIC for the contract of long and medium transaction.

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Customer Satisfaction Index of Business & Industry Foodservice Operations in Pusan and Kyeung Nam Area (부산 , 경남지역 사업체 급식소 운영방식에 따른 고객만족지수)

  • Ryu, Eun-Sun
    • Journal of the Korean Dietetic Association
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    • v.4 no.2
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    • pp.152-159
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    • 1998
  • The purpose of this study was to compare the customer satisfaction index(CSI) between 8 self-operated foodservices and 6 contract foodservices in Pusan and the Kyeung Nam area. There were 438 subjects for self-operated foodservices, and 384 for contract foodservices. The questionnaire was used in this study as a survey method and was concerned with quality of food(Ⅰ)(Ⅱ), sanitation, facilities, information service, and employee sevice area. Data from customers were analyzed by using the $SPSSPC^+$ program, and in terms of frequency, and t-test. The results are as follows; 1. Sanitation was the most important factor in both self-operated and contract foodservices. 2. Contract foodservices showed a higher mean rating in both facilities and employee service than did self-operated foodservices in the satisfaction. 3. In self-operated foodservices, men had a significantly(p>0.05) higher CSI in all areas then women, but contract foodservices did not have this difference. 4. Contract foodservices had a higher CSI in quality of food(Ⅰ), sanitation, facilities, information service, and employee service area, and was also in higher total CSI, than self-operated foodservices.

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A Study on the Issues of Division of Costs - Focusing on Incoterms 2010 - (정형거래조건별 비용분담의 쟁점에 관한 연구 - Incoterms 2010을 중심으로 -)

  • PARK, Sung-Cheul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.75
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    • pp.49-69
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    • 2017
  • Making a international contract of sale is not a simple work. International Trade parties(seller and buyer) may choose trade terms such as FOB or CIF to simplify their contracts and avoid misunderstanding of international commercial practice. Incoterms is the international rules for the interpretation of the trade terms, and firstly regulated by the ICC in 1936. The latest version is Incoterms 2010. Incoterms 2010 governs certain responsibilities between the seller and the buyer under the international contract of sale. Moreover, Incoterms 2010 provides the standard of division of costs relating to contract of carriage. But we should note that Incoterms 2010 is not the part of contract of carriage. The writer points out that there is no consistence principle in distributing the special costs under the contract of carriage like unloading cost from the transport vehicle. To avoid the dispute between the parties, it is more safe for international traders to fully and completely understand on the customs and practice of carriage of goods. Incoterms 2010 provides more detailed method of delivery of goods than CISG and RAFTD. Concerning the method of delivery of goods, CISG and RAFTD simply provide that the seller shall place the goods at the discharge of buyers. The writer suggests the basic principles to allocate the special costs of delivery of goods according to the trade terms under Incoterms 2010.

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Problems and Solutions for Korean Medical Fee Contract System (건강보험 요양급여비용 계약의 문제점과 개선방안 연구)

  • Shin, Sung-Chul
    • Health Policy and Management
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    • v.19 no.1
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    • pp.1-30
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    • 2009
  • Korean medical fee contract system between the insurer and healthproviders was introduced in 2000. However, a continuous discord among contracting parties concerned and an irrational operation of an arbitration committee of Ministry for Health, Welfare and Family Affairs (MIHWAF) have made it difficult for them to reach to an agreement over last 8 years. The purpose of this study is to observe the current problems of contract system from the view of health insurance law and actual examples. Furthermore, I examined the of breakdown of negotiation by analyzing the eligibility of contracting parties, rationality of Resource Based Relative Value System (RBRVS) and contracting method and fairness of arbitration method in case of negotiation rupture. The results were as follows: First, since the introduction of medical fee contract system, there has been a problem in that both the president of National Health Insurance Corporation (NHIC) and health care provider association have not held strong negotiation power. Second, the frequent changes and notifications of Relative Value Units (RVUs) without any mutual consent between the insurer and provider association negatively have influenced the conversion factors and finally hindered the agreement of contract. Third, a current process that the conversion factors are mediated and determined at the arbitration committee of MIHWAF in the case of contract breakdown between contracting parties has some flaw in that the irrational composition of committee provoked the lack of fairness and objectivity of mediation. Fourth, we can not prospect a satisfactory outcome of arbitration committee because the mediation always has failed to proceed smoothly due to boycott of both committee members from insurer and providers over last 8 years. As a result, we have to make an every effort to resolve problems mentioned above and then dream of an advanced national health insurance system.