• Journal of Digital Convergence
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• v.2 no.1
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• pp.93-112
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• 2004

A license under UCITA(Uniform Computer Information Transactions Act) which represents the first comprehensive uniform computer information licensing law is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract. However, intellectual property rights may be licensed in a contract subject to UCITA. UCITA may not be used to vary or extend informational rights that are intellectual property rights, and expressly recognizes preemption by copyright, patent, or other federal intellectual property law in Section 105(b). Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA. An essential purpose of this defense is to give courts some latitude in reconciling commercial licensing law with the principles of intellectual property law. Most intellectual property law is federal, and UCITA expressly recognizes the preemptive effect of that federal law. But the public policy defense gives courts an additional power to consider intellectual property principles purely within the context commercial law.

• Journal of the military operations research society of Korea
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• v.37 no.1
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• pp.99-118
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• 2011

According to the National Contract Law, when determining Estimation cost Contract officers should consider contract quantity, contract period, supply and demand condition, difficulty of contract enforcement, terms and condition, and other various conditions based market price, costing based pricing, and appraisal. And they should not overestimate or underestimate the estimation cost. But the estimation cost system is used as preparedness for audit against the contract law. In this study, we identified the factors affecting estimation cost and analyzed their influence on estimation cost.

• Journal of Information Technology Services
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• v.14 no.2
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• pp.69-86
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• 2015

The current contract awarding process regulated by laws and ordinances is analyzed and more reasonable processes are suggested. To this end, the principle of economic analysis is described with emphasis on the cost-effectiveness analysis, and the laws and ordinances regulating the process are thoroughly examined. The current contract awarding rule is based on the weighted sum of effectiveness score and cost score. This may not conform to the framework of economic analysis where effectiveness is supposed to be measured as an output and cost measured as an input. An improvement is attempted to the defense acquisition system and it is recognized that the economic analysis and policy consideration should be performed separately. Concept of statistical testing is introduced to see if the results of the cost effectiveness analyses show the significant difference between the alternatives. It is suggested that the contract awarding process can be improved by performing significance test followed by the aggregation of the two analyses. A minor improvement is also suggested on the application of current rules.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.57-84
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• 2009

This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.61-80
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• 2013

The U.S. Supreme Court delivered a decision on the case between AT&T and Concepcion, which confirmed the contractuality of a defense as a threshold to distinguish between what is a viable defense for invalidation of consumer arbitration agreement and what is not. In this paper, the adhesiveness of arbitration clause, which is a unique character for consumer arbitration, is investigated in the U.S. as a legal defense to invalidate the consumer arbitration agreements, and its contractuality and related legal doctrines are analyzed. The legal issues of consumer arbitration have been analysed in several legal perspectives including the voluntary, knowing and intelligent doctrine, doctrine of separation, contract of adhesion and the contractuality of defenses. Among all of these, the first three issues are related with arbitration clause, and the last one, the contractuality of defenses, reflects the nature of defenses invalidating the consumer arbitration agreement.

• Journal of the military operations research society of Korea
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• v.34 no.3
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• pp.13-29
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• 2008

The purpose of this study is to propose a model of the contract type and contract category in the process of programs in each stage which is the procurement by defence improvement program of a large long term programs. When requiring the contract, contractor confirms the contract type and contract category of the review the contract in bulk, separate contract by repeatedly. For the study of improvement method we used previous research paper, reports of DAP A and KIDA, laws of contract and other several materials. and we also applied the rational contract type and contract category for the general mass production program weapon system based on the analysis of contract states concluded with DAPA and old-DAPA, and collect the public opinions of the defense industry.

• Korean Journal of Construction Engineering and Management
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• v.25 no.4
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• pp.34-44
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• 2024

In defense and military facility projects, adjustments to contract amounts due to design changes directly or indirectly affect factors such as increased construction costs and extended construction periods. Moreover, they can lead to differences of opinion and conflicts between the military and contracting parties. This case study analyzed the integrated management of defense and military facility projects by the Gyeonggi Southern Facilities Division, which oversees projects in Seoul and the southern Gyeonggi Province region for the Army, Navy, Marine Corps, and Air Force. Out of 388 completed projects, 103 cases with design changes were selected for analysis, aiming to ensure the reliability of data regarding the proportion of design changes in project completion. The study classified samples by the causes of design changes specified in the Ministry of Planning and Finance's contract regulations, assigning rankings based on the occurrence rates of each cause. Furthermore, it analyzed detailed factors for each cause of design change and derived implications to propose improvement measures. Considering the limited access to military primary data, this case study is expected to contribute to minimizing design changes in defense and military facility projects. Additionally, it is anticipated to be practically useful for subsequent research on contract amount adjustments resulting from design changes.

• Journal of Technology Innovation
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• v.20 no.1
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• pp.1-15
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• 2012

Republic of Korea has been applying offset to defense acquisition program for some benefits such as modernization of defense industry and enhancement of R&D capabilities since 1983. But in point of implementation, there is the possibility of delay of offset agreements based on the value of proposed technologies. As it often happens that the delay of offset agreement negatively affects the time schedule of main defense deal, it is necessary to prepare for this issue. The purpose of this study is to extract some factors affecting the duration of offset agreement by statistical analysis. Reviewing existing papers and contract process, nationality of enterprise, the number of project participants, properties of project, the number of technologies in the first proposal, level of domestic defense technology in each weapons system, the amount of main contract were used as independent variable and duration of agreement as dependent variable. To hypothesis testing, correlation and multiple regression analysis were conducted using the previous 25 contract cases. As a result of correlation analysis, the amount of main contract, the number of technologies in the first proposal and properties of project have positive relationships with dependent variable. In multiple regression, the amount of main contract and the number of project participants have significant effect on the duration of offset agreement.

• Journal of the military operations research society of Korea
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• v.31 no.2
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• pp.1-12
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• 2005

Defense firms' excess profitability by shifting common overhead costs from non-defense sector to defense sector in the award of cost reimbursement type of defense contracts is a widespread conclusion in prior researches. In this paper, we reviewed cost-shifting incentives in defense-contracting firms and extended the analysis of McGowan and Vendrzyk(2002) by applying modified model to Korea Defense Contracts. We formulated six hypotheses to test the relation of cost-shifting and excess profitability regarding market openness, auditing system, ranking in defense contracts, and firm types(sole defense contractors, sole non-defense contractors, and defense and non-defense mixed contractors). But, we could not find any evidence that defense firms shifted costs from non-defense sector to defense sector for the period 1997-2002. The results suggest that the excess profitability of Korea defense firms may not be from the cost-shifting but from other reasons.

• Journal of Arbitration Studies
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• v.30 no.1
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• pp.39-66
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• 2020

Under the doctrine of separability, if the party did not specifically challenge the validity of the arbitration clause, then it is presumed valid, and arbitrators would still have authority to adjudicate disputes within the scope of the arbitration clause. Further, the Primerica and Spahr decisions address whether a court or an arbitrator should adjudicate a claim that a contract containing an arbitration clause is void ab initio due to mental incapacity. If the arbitration agreement is separable, as was found in Primerica, then the "making" of the agreement is not at issue when the challenge is directed at the entire contract and arbitrators may exercise authority. If an arbitration provision is not separable from the underlying contract, as in Spahr, a defense of mental incapacity necessarily goes against both the entire contract and the arbitration agreement, so the "making" of the agreement to arbitrate is at issue, and the claim is for courts to decide. Although no bright line rule can be established to deal with challenges of lack of mental capacity to an arbitration agreement, the rule in Prima Paint should not be extended to this defense. Extending the rule in Prima Paint would force an individual with a mental incapacity to elect between challenging the entire contract and challenging arbitration. Accordingly, there should be a special set of rules outside of the context of Prima Paint to address the situation of status-based defenses, specifically mental capacity defenses, to contracts containing arbitration provisions.