• 한국건설관리학회논문집
• /
• 제14권2호
• /
• pp.35-44
• /
• 2013

보금자리주택 건설에서 분양가 인하의 하나의 방안으로 직할시공제가 도입되었다. 특정 발주방식을 대규모 공공건설사업에 적용 할 경우 본격적인 적용이전에 해당 발주방식에 대한 각계의 논의를 수렴하고 해당 발주방식이 사업성과에 미치는 영향을 다각도로 분석할 필요가 있다. 이에 본 연구에서는 공공건설사업에의 직할시공제 적용에 따른 공사비, 공사기간, 품질, 리스크 등 사업성과에 미치는 영향을 전문가 면담과 해외사례 조사를 통해 분석하고, 이러한 문제점들을 해결하고 공공건설사업에의 직할시공제의 효율적 적용을 위한 방안을 제시하였다. 먼저 직할시공제하에서는 발주자의 업무가 대폭적으로 증가하므로 해당 공공발주자 조직에서 증가된 업무 수행이 가능한지를 점검해야 하고, 이에 따른 발주자 조직과 업무절차의 변화가 필요하다. 아울러 직할시공제의 효율적 적용을 위해 다중시공기반 CM방식 등 다양한 수행방식을 적용 할 필요가 있으며, 공사관리 절차 및 시스템 구축, 협력업체 강화 등이 필요하다.

• 한국건설관리학회논문집
• /
• 제22권4호
• /
• pp.20-28
• /
• 2021

국내 건설산업은 시공자 중심의 일방적인 생산방식에서 발주자와 시공자의 협업이 가능한 생산방식으로 변화하는 과정에 있다. 발주 방식에 따라 입·낙찰 방식, 계약 방식, 그리고 발주자의 사업 관여 정도도 달라질 수 있다. 본 논문에서는 국내 환경에 적합한 '시공책임형 건설사업관리' 도입을 위해서 국·내외 제도 분석과 입·낙찰 프로세스 분석, 계약이행 및 관리 분석, 사후관리 분석을 하고, 법제화를 위한 관련 법령 조문화와 제도의 효율적 운영을 위한 방안을 제시하고자 국·내외 시공책임형 건설사업관리의 제도 및 사례분석을 실시하였다. 건설산업기본법에 정의된 '시공책임형 건설사업관리'는 Pre-Con 업무를 수행하는 용역계약인 본 계약 이전 계약과 건설사업관리 및 공사계약인 본 계약으로 구분된다. 그러므로 '시공책임형 건설사업관리'는 해외의 사례와 같이 낙찰제도가 아니라 발주 방식의 하나로 보아야 하며, 도입을 위해서 설계/시공 일괄입찰, 기술제안 입찰과 동등한 입찰제도로서의 법제화가 필요하다. 국내 환경에 적합한 '시공책임형 건설사업관리' 도입을 위해서 국·내외 제도 분석과 입·낙찰 프로세스 분석, 계약이행 및 관리분석, 사후관리 분석을 하고, 법제화를 위한 관련 법령 조문의 개정과 제도의 효율적인 운영을 위한 방법을 본 제도의 본래 장점은 유지하면서 국내 시장에서 적용이 가능하도록 제시하였다.

• 무역상무연구
• /
• 제16권
• /
• pp.59-81
• /
• 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.

• 무역학회지
• /
• 제45권1호
• /
• pp.221-239
• /
• 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.

• 대한물리의학회지
• /
• 제2권2호
• /
• pp.183-194
• /
• 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.

• 한국건설관리학회:학술대회논문집
• /
• 한국건설관리학회 2001년도 학술대회지
• /
• pp.11-16
• /
• 2001

본 연구는 하도급법 제14조에 규정된 하도급대금의 직접지급에 따른 계약관리방안을 제시하는 것을 목적으로 한다. 이를 위하여 문헌조사 및 연역적 논증의 방법을 이용하였다. 본 연구의 결과를 요약하면 다음과 같다. (1) 하도급대금직접지급의 요건과 효과를 고찰하여 그 의미와 내용을 명확히 하였다. (2) 하도급대금직접지급과 관련한 실무상·이론상 쟁점에 대한 검토와 논증을 통하여 타당한 해석을 제시하였다. (3) 하도급대금의 직접지급에 따른 발주자·원수급인·하수급인의 계약관리방안을 제시하였다.

• 무역상무연구
• /
• 제57권
• /
• pp.79-108
• /
• 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.

• 대한영양사협회학술지
• /
• 제4권2호
• /
• pp.152-159
• /
• 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.

• 무역상무연구
• /
• 제75권
• /
• pp.49-69
• /
• 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.

• 보건행정학회지
• /
• 제19권1호
• /
• pp.1-30
• /
• 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.