• Korean Journal of Community Nutrition
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• v.12 no.2
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• pp.178-188
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• 2007

This study was performed to suggest a new efficiency measurement indicator is necessary for evaluating management efficiency of food service operations in contract-managed foodservice companies, to distinguish efficient food service providers and inefficient ones by measuring comparative efficiency among food service operations, and to provide guidance for effective management through showing benchmarking targets for improving inefficient food service providers. The subjects of this study were the 93 B&I foodservice Operations of a domestic contract food service company. The analysis was conducted using CCR model in DEA model. A software, 'Frontier analyst', was used for the analysis. Based on the results derived from comparison of efficiency evaluation classified by providers with use of DEA, it was possible to identify efficient food providers and inefficient providers, and subsequently provide benchmarking guidelines for improvement of the inefficient groups. In analyzing the differences between the results of DEA efficiency evaluation by detailed operation status of food service providers, there was significant difference of efficiency outcomes in terms of contract types, while there was no significant difference in terms of business condition.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.43-68
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• 2000

Incoterms mean the ICC official rules for the interpretation of trade terms which facilitate the conduct of international trade. Thus, the uncertainties of different interpretations of such terms in different countries can be avoided or at least reduced to a considerable degree. Nevertheless, Incoterms has been revised successively to adapt them to contemporary commercial practice. In particularly, substantive changes in Incoterms 2000 have been made in two areas: (i) the customs clearance under FAS and DEQ; and (ii) the loading and unloading obligations under FCA. But it should be stressed that the scope of Incoterms is limited to the contract of sale and not apply to the contracts of carriage, insurance and financing. Moreover, merchants wishing to use Incoterms 2000 should clearly specify that their contract is governed by 'Incoterms 2000'. It is particularly important to note that Incoterms are not dealt with a great number of problems, such as transfer of property rights, breaches of contract and exemptions from liability. Therefore, the contracting parties should clearly agree to the applicable law related their contract of sale, like the 1980 United Nations Convention on Contracts for the International Sale of Goods.

• Journal of Korean Society of Water and Wastewater
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• v.20 no.1
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• pp.104-114
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• 2006

Recently, the PPP (Public-Private-Participate) program on water and wastewater services in Korea has been under an active debate. However, the controversy has reached the limits of getting more valuable implications from past foreign experience beyond conceptual and/or qualitative case studies. This paper analyze scientifically and quantitatively the Buenos Aires Water Concession Project focused on propriety of the contract using system dynamics modeling. The results show that Buenos Aires's Project has several problems in the contract phase even though Argentina government spent much time to design it. Analysis results suggest that estimation of K factor considering delay effect and future uncertainty, reduction of the first fixed terms of contract, etc., are needed for a proper contract.

• Journal of the Korean Operations Research and Management Science Society
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• v.30 no.2
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• pp.105-115
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• 2005

By committing to a long-term replenishment contract, buyers can purchase a product at a lower price from a supplier who is less pressured to find new customers due to the long-term contract and can charge a discounted price. We develop an analytical model from the buyer's perspective to investigate a capacity reservation contract. We are considering the system with a single supplier and a buyer. The buyer can purchases any desired amount from a spot market at a higher price in addition to the contracted amount. For such a system, we propose an algorithm to derive the optimal contract terms. The result of computational experiments shows that the algorithm finds the global optimum solution in a resonable amount of time.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.321-351
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• 2004

According to increase of Franchise Agreements, troubles related to those agreements and trading acts occur frequently. As Franchise system had come from Western countries, franchise agreement troubles tend to international disputes. In fact, those parties entered into a franchise agreement prefer arbitration to lawsuit as a dispute resolution system because arbitration is easy to risk-management for cost and time. The essential conditions for Franchise agreements are as follows ; for Franchise to grant Intellectual Properties to Franchisee, to give an impression of the same company between Franchise and Franchisee, to control and support Franchisee, for Franchisee to be an independent merchant, and to pay Franchiser license fee. Because Franchise Agreement is also based on liberty of contract, Franchise and Franchisee could enter into any kind of agreement. However, Franchiser can make an unfair agreement abusing a position of advantage. This paper check those unfair terms and conditions in Franchise agreement. Once they enter into an agreement, they should fulfil their contract. In case of trouble on performing the contract, both of them have to discuss to solve that trouble faithfully. But, they enter into either lawsuit or arbitration in accordance with agreement when they can't reach a decision in general. Specially, which is the most popular dispute resolution hands in case of Intellectual Property License agreement. General international Franchise Agreements have arbitration terms, but there is other case such as separate Arbitration Agreement if the want, which is separate from Franchise License agreement, so even though Franchise License agreement is invalidated, Arbitration agreement continues to exist, This paper reviews Franchise system and the terms of arbitration in Franchise agreement.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.187-210
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• 2011

International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.50
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• pp.3-25
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• 2011

The purpose of this paper is to examine the use of LD Clause against the seller's breach of contract in connection with delivering the goods in the international sales contract, and international guarantee system using standby L/C or demand guarantee. For this purpose, the author, first, considered the outline of the buyer's remedies in cases that the seller had not performed his obligations in contract and the difficulties in the buyer's remedies. As alternatives for overcoming the difficulties, this author recommended the LD Clauses (Liquidated Damage Clauses) based on ICC Model International Sales Contract, and explained each Model Clause. To enhance the feasibility of LD Clause, this author suggested the guarantee system, like the standby L/C or demand guarantee. But these guarantee systems have several limitations in practical use. Thus, these guarantee systems would greatly contribute to Korean exportation in the future. The reason is that the Korean export structure would be more complex and the period of sales contract would be longer and longer, which result to in long-terms supply contracts. These changes would require the guarantee much urgently.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.510-514
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• 2004

This research is a preliminary one to investigate transitional problems of actual-cost-date-based contract cost estimation method and suggestions for counteracting them. As parts of it, in this paper, the brief background and methods of the new method and contract costs estimated by introducing it are presented. The results of five projects' contract costs are compared to those estimated by the conventional quantity-based method. Comparison of the both is conducted in terms of total contract costs and contract costs according to type of sub-contracts. Finally, the propositional differences of the later to the former are analysed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.49-78
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• 2010

The seller has to deliver goods and hand over documents as required by the contract. It is very important that ownership of goods shall be transferred by the documents from the seller to the buyer. Where terms of payments is made under documentary payment such as negotiable order Bill of lading or any transport documents for symbolic delivery of goods shall be more important between the parties concerned. The buyer may withdraw or cancel the contract where the buyer accept the foul Bill of Lading and demand damages where the buyer accept the other documents which are not in accordance with requirements by the buyer. Withdraw or cancel of contract can be made where discrepancy of documents comes into fundamental breach of contract. In conclusion transport documents by the seller will be used to determine appropriation of transport document to the contract. Therefore the seller has to deliver the proper shipping documents to the buyer. Where the breach of the seller's obligations to deliver documents the buyer has the right of requiring performance, contract avoided, claiming damage to recover the contract under CISG. The significance of transport documents has been focused in this study and careful examination of documents shall be needed to prevent any dispute or differences between the parties.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.34 no.2
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• pp.68-75
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• 2011

The purpose of this paper is to suggest a supplier and buyer's pricing decision strategy model with discount-policy over a long-term replenishment contract in a supply chain environment by small and medium size manufacturing company. We assume that the buyer has a superior economic power over a supplier and each agent in a supply chain is unaware of each other. The supplier proposes pricing decision strategy to induce the buyer to choose the terms of contract for the benefit of the supplier. Then buyer decides the terms of contract to maximize her profit considering supplier's discount-policy. We also present a numerical example to illustrate the efficiency of pricing decision strategy.