• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.129-150
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• 2003

Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.14 no.11
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• pp.5964-5970
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• 2013

The recent budget planning for highway infrastructure implied that the investments for Operation & Maintenance(O&M) became greater than that for new construction. This circumstance made many stakeholders pay attention to the O&M of road infrastructure and adopt other countries' policies and system for effective management. In other countries, most O&M for road infrastructure have been done by private entities using long-term contract and Korea is about to shift from one year contract to long-term contract. The most important parts for the expansion of the long-term O&M contract for road infrastructure are valuation of the O&M contract based on accurate prediction of O&M costs and instrument for proper risk sharing between contracting parties. Thus, this study provides a methodology to estimate a reasonable O&M contract price and a framework to share contract risk between contracting parties using real option. The analysis results showed that the contract price and ceiling and floor conditions for the 20 year-contract of 20 km-highway project were 45.7, 60 and 42.3 billion won, respectively.

• Korean Journal of Construction Engineering and Management
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• v.7 no.3 s.31
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• pp.65-75
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• 2006

Emerging trends regarding USFK(United States Forces, Korea)'s EC(Engineering/Construction) market include: (1) introduction of MATOC(Multiple Award Task Order Contract); (2) increase of DB(Design-Build) contract; and (3) encroachment of large US-origin private EC firms upon Korea. This study analyzes the change of USFK's EC market with focus on the change of construction management actors for USFK's EC projects. Specifically, USFK's EC projects have been managed by FED(Far East District). Recently, however, the large US private EC companies substitute the role previously taken by FED. This phenomenon is accelerated by the business chances in Korea due to LPP(Land Partnership Plan) and intentions of US Government to save military construction costs by means of utilizing US private EC companies. The large US EC firms entering into Korea are business opportunities as well as challenges to Korean EC firms, which are contracting USFK's EC projects. This study concludes that, through teaming joint venture with the large US EC firms, the market changes can be opportunities to acquire foreign market information and learn advanced construction management skill from them.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.3-54
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• 2011

The important and main purpose of revision of Incoterms rules are to adapt it to contemporary commercial practice in world trade, and to contribute to great service to foreign trade. Incoterms$^{(R)}$ 2010 revision basically focuses on trade terms to be used for any mode or modes of transport at compared Incoterms 2000 gouping in four basically different categories, and presents trade terms to be used for traditionally seaborn trade. Therefore the former is for trading in manufactured goods involved in containerization, the latter is for trading in community. This study focuses on a motive of revisions and main features of the Incoterms$^{(R)}$ 2010 rules, an outline, the problems and alternative of them. In conclusion, I would like present as follows; (1) Although they only concerned the models of delivery and critical point, they only say a few of the many factors of a sale contract, that is to say for the devision of fuctions, costs and risks between the contracting parties as supplement law, but the guestion of the legal position of Incoterms rules is various in different countries and scholars. in spite of that, it must focus on the practical application and the wide acceptance of Incoterms rules in world trade. (2) Although they present more simple and clear, unfricative, than Incoterms 2000 rules, in order to help users, the need to unify consistently and fully explanate in contents and expression. (3) Introduction and guidance note of Incoterms$^{(R)}$ 2010 rules basically focuses on the understanding of a motive of revisions as compared Incoterms 2000 rules. But it is well advised to do this on the assumption of understanding the various basic meaning of terms. (4) finally, trade concerned regulations take account of the reflection for the application to domestic and international trade according to formally reconization of availability for both trade.

• Korean journal of food and cookery science
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• v.20 no.5
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• pp.423-435
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• 2004

The purposes of this study were to compare, through a factor analysis, the perceived level of importance of 4 categories of features relating to food service management between salespeople and clients, to establish an effective marketing strategy for successful contracting. To obtain data on the perceived level of importance level of the factors affecting foodservice management contracts, questionnaires were developed using the Delphi technique, which were modified by apilot test. The questionnaires consisted of 4 categories and 19 items on the factors affecting foodservice management contracts, with the importance level of these factors measured on a 5 point-Likert type scale. Between March 12 and April 13 2003, the self-administrative questionnaires were mailed to the 60 salespeople and 280 clients. A total of 50 clients (25%) and 48 salespeople(77%) responded to the questionnaires. As a result, forprivate contracts and in competitive biding, the differences of the perceived importance level between the salespeople and clients of the 3 categories (the appropriateness of foodservice operation plan, sales ability, the conditions and costs of the contract) were significant. For the 5 items relating to private contracts, Field trip, Menu Management Plan, Sanitation and Safety Management, Cost per meal and Food Cost per meal, both the salespeople and clients perceived high levels of importance for all these items. For competitive biding, both the salespeople and clients perceived high levels of importance for the 6 item the Foodservice operation supportive system, Field trip, Menu Management Plan, Renewal plans for interior and environment, Cost per meal and Food Cost per meal.

• Korean Journal of Social Welfare
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• v.48
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• pp.150-178
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• 2002

The elderly have higher potential for contracting chronic diseases and suffering from development of a complication. Also, the extended old age period leads the elderly to demand more medical services. All those facts indicate that the elderly need more medical services than any other age groups. Consequently, medical care for the elderly with chronic diseases causes high costs burden. However, there is few studies researching the financial burden of chronic illness of the elderly. This study aimed to 1) understand how much the elderly with chronic diseases pay for medical expenses; 2) find out some specific factors related to health care financial burden; 3) suggest the alternative policies to decrease excessive financial burden of caring for the elderly with chronic illness. National Health and Nutrition Survey, which was surveyed by the Korea Institute for Health and Social Affairs in 1998, was used in this study. 4,707 persons with chronic diseases out of 5385 persons over age 60 were selectively sampled. Using SPSSWIN, correlation analysis, T-test, ANOVA and Regression were used as statistical methods in this study. Stepwise multiple regression was employed to analyze the data with a ratio of health care expenditure to income(financial burden) as a dependent variable. Out of Korean old people, 87% had the chronic diseases and their health care financial burden rate showed the average of 17.9%, which meaned they expended almost 20% income to buy medical services. The variables having a great influence on financial burden were monthly income, activity, limitation and single household of an old person. The excessive financial burden was experienced by people who had more than 4 activity limitations(37.1%) and were in the lowest Income level(32.6%), and single household of an old person(31.4%). The new policies should be considered to 1) reduce the financial burden in these groups and to develop the sliced medical cost system considering the characteristics of chronic illness and income level; and 2) develop the medical management system to care for the elderly with chronic illness.

• Journal of the Korea Safety Management & Science
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• v.17 no.4
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• pp.373-379
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• 2015

Supply units in each command are multi-tiered and each supply unit keeps a supply level independently, which can cause excess stock, leading false reports to the Logistics Command and increasing difficulties in managing user needs. This causes excess assets and the excess then causes deformation in demand. therefore, the supply support systems of our armed forces have become high-cost/low-efficiency and are insufficient to meet the needs of users in combat units. Civilian corporations and the US Department of Defense are downsizing the aforementioned multi-tiered supply systems thus revolutionizing efficient and effective logistics by adopting Supply Chain Management(SCM), and Prime Vendor policies. Prime Vendor policy is a logistics support method that allows users to directly request and receive supply items from suppliers, based on supply contracts between suppliers and central maintenance organizations like KDA. In other words, it is a system that allows for users to make orders to suppliers directly and suppliers to deliver goods to the users directly, cutting out the middle stage, thus allowing an efficient supply. This is a way forward in finance that cuts costs in net supplies and allows an efficient utilization of civilian assets. which is also known to fasten the speed of logistical support and stripping down the logistical structure. therefore, this report will explore Prime Vendor policies adopted in certain number of units for medical supplies that were taken in consideration of improvements in stock management in civilian organizations and the US Army, and aims to apply such policies for repair parts.

• Korean Journal of Health Education and Promotion
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• v.27 no.5
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• pp.63-71
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• 2010

Objectives: The field of health education is still relatively new and is therefore evolving and developing rapidly throughout the world. Many countries' certification programs are still being created. This paper will discuss on the US CHES system of regulation, accreditation, and implementation for the future development of international health education programs. Methods: This article focuses on the United States CHES credentialing program, specifically on its historical development and the roles, employment settings and socioeconomic demographics of current CHES professionals through literature review. Results: The roles and skills required vary by employment setting, with seven universally recognized responsibilities of health educators. There are also 35 key competencies which are crucial to the role of the health educator, with 163 sub-competencies performed by all health educators. The employment of health educators will increase from 62,000 in 2006 to 78,000 in 2016. As the costs of healthcare increase, employers are projected to hire more health educators to decrease healthcare costs through prevention and early detection of chronic illnesses. Community health non-profit agencies, academia, healthcare (hospital/clinic), schools, government/government contracting, and businesses are some of the most widespread employment settings for health educators in the United States. Conclusion: Better understanding of this longstanding and successful program will benefit countries developing their own certification system. The variety and specificity of the information on the US CHES program may be of value as South Korea continues to develop its Korean CHES program.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.165-182
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• 2004

According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. It is generally recognized that the three major parties responsible for the aviation security at an airport are appropriate government departments, airport operator and airlines. The airlines are the beneficiaries of security activities as well as the provider of security activities. So, their responsibilities have been critical in protecting civil aviation from unlawful interferences. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. The government has the responsibilities not only for establishing regulatory system but also for oversighting the implementation of aviation security activities. The paper is to review the revision of aviation security regulation and the changes of aviation security responsibilities, and costs and task assignment in Republic of Korea after September 11 event. The responsibilities, tasks and costs assigned to airlines, airport operators and government are introduced and evaluated in terms of economic fairness, effectiveness and efficiency of aviation security activities. The drawbacks of new legal system are pointed out and the suggestions to remedy them are proposed as conclusions.

• Journal of Distribution Science
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• v.10 no.2
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• pp.29-41
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• 2012

This paper undertakes a conceptual review of transaction cost to broaden the understanding of the transaction cost analysis (TCA) approach. More than 40 years have passed since Coase's fundamental insight that transaction, coordination, and contracting costs must be considered explicitly in explaining the extent of vertical integration. Coase (1937) forced economists to identify previously neglected constraints on the trading process to foster efficient intrafirm, rather than interfirm, transactions. The transaction cost approach to economic organization study regards transactions as the basic units of analysis and holds that understanding transaction cost economy is central to organizational study. The approach applies to determining efficient boundaries, as between firms and markets, and to internal transaction organization, including employment relations design. TCA, developed principally by Oliver Williamson (1975,1979,1981a) blends institutional economics, organizational theory, and contract law. Further progress in transaction costs research awaits the identification of critical dimensions in which transaction costs differ and an examination of the economizing properties of alternative institutional modes for organizing transactions. The crucial investment distinction is: To what degree are transaction-specific (non-marketable) expenses incurred? Unspecialized items pose few hazards, since buyers can turn toalternative sources, and suppliers can sell output intended for one order to other buyers. Non-marketability problems arise when specific parties' identities have important cost-bearing consequences. Transactions of this kind are labeled idiosyncratic. The summarized results of the review are as follows. First, firms' distribution decisions often prompt examination of the make-or-buy question: Should a marketing activity be performed within the organization by company employees or contracted to an external agent? Second, manufacturers introducing an industrial product to a foreign market face a difficult decision. Should the product be marketed primarily by captive agents (the company sales force and distribution division) or independent intermediaries (outside sales agents and distribution)? Third, the authors develop a theoretical extension to the basic transaction cost model by combining insights from various theories with the TCA approach. Fourth, other such extensions are likely required for the general model to be applied to different channel situations. It is naive to assume the basic model appliesacross markedly different channel contexts without modifications and extensions. Although this study contributes to scholastic research, it is limited by several factors. First, the theoretical perspective of TCA has attracted considerable recent interest in the area of marketing channels. The analysis aims to match the properties of efficient governance structures with the attributes of the transaction. Second, empirical evidence about TCA's basic propositions is sketchy. Apart from Anderson's (1985) study of the vertical integration of the selling function and John's (1984) study of opportunism by franchised dealers, virtually no marketing studies involving the constructs implicated in the analysis have been reported. We hope, therefore, that further research will clarify distinctions between the different aspects of specific assets. Another important line of future research is the integration of efficiency-oriented TCA with organizational approaches that emphasize specific assets' conceptual definition and industry structure. Finally, research of transaction costs, uncertainty, opportunism, and switching costs is critical to future study.