• Title/Summary/Keyword: contract method

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The Foreign Asset Leverage Effect of Oil & Gas Companies after the Financial Crisis (금융위기 이후 정유산업의 외화자산 레버리지효과 분석)

  • Dong-Gyun Kim
    • Korea Trade Review
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    • v.46 no.2
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    • pp.19-38
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    • 2021
  • This study aims to analyze the foreign asset leverage effect on Korean oil & gas companies' foreign profits and to maintain the appropriate foreign asset volume for reducing exchange risk. For a long time, large Korean companies, including oil companies, overheld foreign currency liabilities. For this reason, most large companies have been burdened to hedge exchange risk and this excess limit holding deteriorated total profit and reduced foreign currency asset management efficiency. Our paper proceeds in presenting a three-stage analysis considering diversified exchange risk factors through estimation on transformation of foreign transactions a/c including annual trends of foreign asset and industry specifics. We also supplement incomplete the estimation method through a practical hedging case investigation. Our research parts are differentiated on the analyzing four periods considering period-specifics The FER value of the oil firms ranged from -0.3 to +2.3 over the entire period. The results of the FER Value are volatile and irregular; those results do not represent the industry standard comparative index. The Korean oil firms are over the credit limit without accurate prediction and finance high interest rate funds from foreign-owned banks on the basis on a biased relationship. Since the IMF crisis, liabilities of global firms have decreased. Above all, oil firms need to finance a minimum limit without opportunity losses on the demand forecast and prepare for uncertainty in the market. To reduce exchange risk from the over-the-limit position, we must consider factors that affect the corporate exchange risk on the entire business process, including the contract phase.

A Study on Expected Dispute Arbitration in Supply Chain ESG Management: Focusing on the cases of POSCO and NAVER (공급망 ESG 관리에서 예상되는 분쟁 중재에 관한 연구 - 포스코와 네이버 사례를 중심으로 -)

  • Lee, Geonwoo;Lee, Jungeun;Lee, Hunjong
    • Journal of Arbitration Studies
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    • v.34 no.1
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    • pp.75-101
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    • 2024
  • "ESG management" guides companies to prioritize corporate social responsibility and sustainable development as key management objectives, going beyond mere financial performance pursuits. This approach involves creating a sustainable and robust supply chain by urging companies, acting as 'supply chain managers', to implement ESG management practices alongside their 'supply chain partners'. The domestic business community has been quick to respond to this trend, recognizing that failure to adhere to ESG standards set by organizations such as the EU and SEC could lead to severe repercussions, including exclusion from international trade and reputational damage. POSCO and NAVER, two leading Korean companies, are at the forefront of practicing ESG management effectively. They have both produced and publicly disclosed ESG management reports, showcasing their success in enhancing supply chain ESG management. However, as supply chain managers enforce ESG-related obligations on their suppliers, the likelihood of disputes between the parties may increase. In scenarios where supply chain ESG management leads to conflicts between supply chain managers and suppliers, commercial arbitration emerges as a viable solution for dispute resolution. This method offers several advantages, including the arbitrators' expertise, time and cost efficiency, the binding nature of decisions akin to a court's final judgment, international recognition under the New York Convention, confidentiality, and ample opportunity for parties to be heard. Our analysis focuses on the emerging disputes between supply chain managers and suppliers within the context of supply chain ESG management, particularly examining the cases of POSCO and NAVER. By categorizing the expected types of disputes and assessing the appropriateness of commercial arbitration for their resolution, we highlight the effectiveness of this approach. Furthermore, we propose leveraging the Korean Commercial Arbitration Board's role to enhance the use of arbitration in resolving supply chain ESG disputes, underscoring its potential as a strategic tool for maintaining sustainable and harmonious supply chain relationships.

Review of Responsibility in Case of Medical Tour Disputes (의료관광 분쟁시 책임주체에 대한 검토)

  • Moon, Sang hyuk
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.107-135
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    • 2016
  • Medical tour can be said to be a new high added-value tour industry of 21st century. The development of varied and distinguished medical tour products by each country will further vitalize the medical tour industry. As the interest in such medical tour increases, it is necessary to analyze the demand and interests of tourists accurately and prepare medical tour products to be provided in order to develop and promote medical tour products. The government considers the medical tour industry as an industry with high expected effects in job creation through promotion of experts in global healthcare industry and national economy development through high added-value creation, and has expanded aid policies in medical tour field with improvement of medical tour immigration system, one-stop service system for medical tourists, and medical tour labor force promotion system. Nevertheless, there are disputes between foreign patients and medical tour inviting businesses, along with medical accident disputes between foreign patients and medical staff and disputes with those working in the tourism industry. This article reviews the types of disputes occurring around the inviting businesses related to medical tours and tried to review the resolutions. Through this, it was found that medical tour inviting businesses have the responsibility to connect the mediated benefits and risks and also the responsibility to process the tasks. Thus, in case dispute occurs due to passive actions from establishing agency agreement to active mediation results, it is difficult to escape the liabilities. Also, in a medical tour agency contract, the inviting business must be aware that it bears the responsibility to explain and advise the details on benefits and risks to foreign patients. The "Guide to arbitration system for resolution of medical disputes with foreign patients" by Korea Health Industry Development Institute Act presents a method to resolve disputes according to the [laws on medical accident damage relief and medical dispute arbitration] in case a dispute due to medical accidents occurs to foreign patients when the foreign patients prepare diagnosis agreement, Whether such method is sufficient to protect foreign patients, however, is thought to require discussions from more diverse perspectives. In order to vitalize medical tourism, the development of diverse products is also important, but the countermeasures against related disputes should also be prepared. Such is expected to contribute to a greater advancement based on trust of foreign medical tourists alongside excellent medical technologies.

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A Case Study on the Calculation of Delay Damages for Contractors according to the Extension of Contract Period (계약기간 연장에 따른 시공자의 손실비용 산정에 관한 사례 연구.)

  • Lee Gi-Han;Kim Yong-Su
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.305-310
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    • 2001
  • The purpose of this study is to calculate delay damages for contractors. The study has been performed by investigation of delay cost occurrence status and the analysis of subway construction cases. The results of this study are as follows: 1. Delay cost( 1day) equivalent to $0.005\%$ of total construction cost by analysis case studies. 2. Including bank interest, dealy cost is analysed as the following; $1.1\~9.2\%$ of total construction cost in part extension period, $3.3\~11.0\%$ of total construction cost in total extension period. 3. In comparison between liquidated damages and delay cost, liquidated damages account for average 20.1 times of delay costs. 4. Acceleration cost will be calculate on the basis of delay cost calculation method. In the result of this method, acceleration cost is equal to delay cost at least or must be large than delay cost

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A Study on the Improvement of Flexible Working Hours (유연근로시간제 개선에 대한 연구)

  • Kwon, Yong-man;Seo, Ei-seok
    • Journal of Venture Innovation
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    • v.4 no.2
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    • pp.97-108
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    • 2021
  • Labor contracts appear in form as an exchange relationship between labor products and wages, but since they transcend the level of simple barter, they can be economically identified as "trading" and can be identified as "rental." From a legal point of view, a legal device that legally supports and imposes binding force on commodity exchange relations is a contract. Such a labor contract led to a relationship in which wages were received and a certain amount of time was placed under the direction and supervision of the employer as a counter benefit to the receipt of wages. Since working hours are subordinate hours with one's labor under the disposition authority of the employer, long hours of work can be done for the health and safety of workers and furthermore, it can be an act that violates the value to enjoy as a human being. The reduction of working hours needs to be shortened in terms of productivity and enjoyment of workers' culture so that they can expand and reproduce, but users' corporate management labor and production activities should also be compatible compared to those pursued by capitalist countries. Working hours can be seen as individual time and time in society as a whole, and long hours of work at the individual level are reduced, which is undesirable at the individual level, but an increase in products due to an increase in production time at the social level can help social development. It is necessary to consider working hours in terms of finding the balance between these individual and social levels. If the regulation method of working hours was to regulate the total amount of working hours, flexibility and elasticity of working hours are a qualitative regulation method that allows companies to flexibly allocate and organize working hours within a certain range of up to 52 hours per week. Accordingly, it is necessary to shorten working hours, but expand and implement the flexible working hours system according to the situation of the company. To this end, it is necessary to flexibly operate the flexible working hours system, which is currently limited to six months, handle the selective working hours by agreement between employers and workers, and expand the target work of discretionary working hours according to the development of information and communication technology and new types based on the 4th industrial revolution.

Current Status of Informed Consent Form for Acupotomy in Korean Medicine Hospitals and Development of a Standard Informed Consent Form Using Delphi Method (한방병원의 침도 시술 동의서의 현황 조사와 델파이 기법을 활용한 표준 시술 동의서 개발)

  • Jihun Kim;Bonhyuk Goo;Hyongjun Kim;Kyoungsuk Seo;Myungjin Oh;Myungseok Ryu;Sang-Hoon Yoon;Kwang Ho Lee;Hyun-Jong Lee;Jungtae Leem;Hyungsun Jun;Jeong Ihn Sook;Sung Woon Choi;Tae Wook Lee;Yeonhak Kim;Yoona Oh;Kunhyung Kim;Gi Young Yang;Eunseok Kim
    • The Journal of Korean Medicine
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    • v.45 no.1
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    • pp.182-201
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    • 2024
  • Objectives: This study was conducted to develop a standard acupotomy consent form that takes into account the unique characteristics of Korean Medicine. The study was motivated by the increasing importance of patient autonomy and the growing number of legal disputes related to medical malpractice in the clinical field of Korean Medicine. Methods: The analysis phase of the study involved a survey of the current status of acupotomy consent forms in Korean Medicine hospitals nationwide. The items of each form were analyzed based on the contents of the Medical law and the standard contract for medical procedures of the Fair Trade Commission (FTC). In the development and evaluation phase, the items and contents of the acupotomy consent form were evaluated using a 5-point Likert scale and content validity was assessed through two rounds of Delphi surveys. In the improvement phase, the contents of the consent form were revised based on the results of a survey of inpatient and outpatient patients in the Department of Acupuncture and Moxibustion at Pusan National University Korean Medicine Hospital, and real-time online meeting. The final version of the standard acupotomy consent form was completed after undergoing proofreading and corrections by a linguistics expert. Results: Only 30% of Korean Medicine hospitals have implemented acupotomy consent forms. The items of the consent forms did not fully include the items presented in the Medical act and the standard contract for medical procedures of the FTC. To address this issue, two rounds of Delphi surveys and a real-time discussion were conducted with a panel of 12 experts on 27 preliminary items of consent forms. The items and contents that met the criteria for content validity ratio, convergence, and consensus were derived. Based on the derived items and content, a standard acupotomy consent form was developed. Conclusions: The standard consent form for acupotomy is anticipated to ensure patient autonomy and enhance transparency and liability in acupotomy. Furthermore, it is expected to serve as evidence in case of medical disputes related to acupotomy and contribute as a reference document for the development of standard consents forms for various procedures of Korean Medicine. However, the limitations of the study include that the survey of consent forms was limited to only training hospitals of Korean Medicine, and the standard consent form is only applicable to adults in Korea. Future studies are needed to address these limitations.

A Study on the Method for the Estimate of Construction Management in the Program Management (종합건설사업관리 사업관리비용산정을 위한 방법연구 - 기획단계에서 실시설계 입찰까지 -)

  • Baek, Myeongchang;Park, Junmo;Park, Gilbeom;Kim, Okkyue
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.5
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    • pp.3-12
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    • 2014
  • With the scale of program management getting larger and complexity, More accurate and precise method for management cost estimate is demanded. However, most of project management cost estimates are based on similar cases and hence can not reflect distinct features of each project. Cost estimate precision is also not up to the standards, and also troublesome to policy-making and budget allocation. Therefore, project typical model for cost estimate of Comprehensive Project Management is developed, and makes it easier to manage level of effort and allocate cost by applying characteristic factor of each project. This study categorized the project package by phase; planning, detailed design, and bid procurement, to develop typical model. And by designating specific level of effort required for each field and rank, the study aims to improve the method for calculating the detailed and objective program cost. Outcome of this study will prevent conflicts between client and contractor, accurately calculate program management contract cost for the client, and become a reference for the contractor to receive rational and practical payments for their work.

A Study on Food-waste Management of Public School Food Service in Jeonbuk Province (전북지역 공립학교에서의 음식물쓰레기 처리에 관한 실태)

  • Jeung, Yun-Ho;Jung, Su-Jin;Kim, Soo-Ran;Cha, Youn-Soo
    • Journal of the Korean Dietetic Association
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    • v.14 no.1
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    • pp.51-63
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    • 2008
  • The purpose of this study was to understand the management status of food wastes in school meal to find the effective ways that would reduce and recycle them. Data was collected using questionnaires from 223 school dietitians located in Jeonbuk area. The results were as followed : 1) Waste was managed by the dietitians(54.7%) and cook(42.2%). The waste disposal contract was made by dietitians(65.0%), executives(31.4%). Therefore, school dietitians had primary responsibilities in the waste management. 2) As disposal ways, 48.9% processed municipal solid waste and food waste together and 46.6% processed separately. 3) A half of schools(52.9%) produced food wastes weighed under 10$\sim$15kg daily and using food wastes as animal food for farms was most popular method to dispose(87.4%). 4) Reasons to have food-wastes were disliking the taste of menu(50.2%) and the inappropriate ways of dealing with remaining food(64.1%) and donating to food bank(33.6%) in order. 5) The suggested ways to reduce the food-waste was to improve on cooking method(72.2%), changing of portion size(61.0%), measuring the amount of leftover food(53.4%) and requesting cooperation to educators(52.9%). 6) The reported consequences of reducing the food waste were: lowered grocery expenses(46.2%), and inspiring students on helping environmental preservation(23.8%). Therefore, the administration should work on finding a method to reduce food-waste and a way to use these resources efficiently. It is important to induct student's attitude on recycling remaining products by using food bank via nutrition education. Dietitian also should consider to reduce the leftover of food by using a standardized recipe.

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The Experimental Study of the Effects of Continuous Traction Therapy in Meridian Sinews Therapy (경근 치료방법 중 지속적 견인요법의 효과에 관한 실험적 연구)

  • Shin, Jeong-Hun;Hwang, Sung-Yeoun;Keum, Kyung-Soo;Kim, Jae-Hyo;Sohn, In-Chul;Ahn, Seong-Hun
    • Korean Journal of Acupuncture
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    • v.29 no.3
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    • pp.385-395
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    • 2012
  • Objectives : Meridian sinew theory was introduced in Miraculous Pivot, Huangdi's Internal Classic, to explain in relation with locations of meridian sinews, causes, mechanisms, and treatment of diseases. The meridian sinews are understood to include muscles, tendons and ligaments, or muscles in the superficial body made up with muscles, ligaments, tendons, fascia etc. This theory shows the similarity or organic relationship between the meridian sinews and muscles. From the Hippocrates(460-385 BC) ages, traction therapy was used as a treatment method on muscular diseases such as low back pain, scoliosis, etc in western medicine. The effects of traction therapy, however, were unclear so that this study was purposed to illustrate the effectiveness of continuous traction therapy and to develop meridian sinews treatment. Methods : We made 2 hypotheses to explain the cause of scoliosis occurrence, muscles contraction and relaxation. As the hypothesis, we made the spinal model having 3 joints with wood and rubber bands. Each of the three joints in the spinal model represents the case of normal(NT; control), contraction(AT 1)and relaxation(AT 2) condition, and distance between the vertebrae joints was measured. Results : Under normal circumstance models, the normal type 1(NT 1; muscle relax state) and normal type 2(NT 2; muscle contract state) all joints were being towed equally. But in an unusual contracted situation, regardless of the relationship of joint area, contracted part of joint was not released. And in a relaxed situation, regardless of joint areas, released parts of joint were further released. These observation results mean that the effects of traction might be different from the purpose of traction therapy of Hippocrates. Conclusions : To explain the effect of traction therapy for scoliosis, the spinal cord model and scoliosis model were made. After vertebral bodies were pulled with different tensile forces, we compared the observed length of the each joints pulled. The results suggested that there were no effects of traction in objected parts with traction method from Hippocrates' design, continuous traction method. Moreover, it may worsen the symptom in worst case. Of course, our results are just the result of experimental models and clinical results may be different. More careful studies, therefore, are required.

Estimation Method of Waste Amount from Materials to Develop Generation Rates of Construction Waste in New Apartment Construction Sites: Focused on Bill of Quantities for Architectural Works (신축아파트 현장의 건설폐기물 발생원단위 개발을 위한 자재별 폐기물 수량 예측 방법: 건축공사 내역서의 투입 물량을 중심으로)

  • Jung, Jong-Suk;Song, Sang-Hoon;Park, Seong-Sik;Lee, Seok-Je
    • Land and Housing Review
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    • v.5 no.1
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    • pp.41-51
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    • 2014
  • The amount of new apartment construction has been trending upward in 3~4% each year since 11% increase in 2002. Currently, in public apartment construction sites under separate delivery system for construction waste processing, the significant difference between estimated quantity for contract and actual amount frequently causes severe controversy among project participants. Many factors such as poor environmental management, inadequate contractual amount are assumed to influence the above problem, and the requirement to revise existing generation rates, the key criteria applied in estimating the quantities of waste, is increasing. Most of generation rates were established in early 2000's, and have difficulty in reflecting the changes from new materials and technologies accordingly. Therefore, this study aims to clarify the types of construction waste for each trade and the forecast method as preliminary work in order to develop more accurate generation rates for construction waste in new construction. To achieve this purpose, the architectural bills of quantities in ten apartment projects executed during 2010~2013 were collected, and the possible waste types and reasonable material loss ratio for each item from temporary works to owner-supplying material area were defined and compared through the workshops and interviews with the experts and on-site environmental managers. The results of this study will contribute to establishing the categories of construction waste for construction trades and proper generation rates by the indirect estimation method in new apartment construction in the follow-up study.