• Korea Trade Review
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• v.42 no.5
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• pp.1-18
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• 2017

This study focuses on the recent case held as to control in franchising. On the basis of analysis of the recent case, it examines the validity of the decision and suggests practical advice. The extensive judicial precedent has held that the franchisor and the franchisee possess the independent contractor relationship. But Williams v. Jani-king of Philadelphia Inc. suggest the conversion of the franchisee's status to an employees instead of an independent contractor. Franchisees allege that they were wrongly classified as independent contractors instead of employees because Jani-King had the ability to control the manner in which franchisees perform their day-to-day tasks. The appeal court held that Pennsylvania law does not distinguish between controls put in place to protect a franchise's intellectual property and controls for other purposes, and a franchisee may be an employee or an independent contractor depending on the nature of the franchise system controls. However, some degree of controls by the franchisor over the franchisee is inherent in the franchise and may even be mandated by the federal and state laws. Moreover, the appeal court affirmed that the franchise agreement, policies manual, and training manual alone could be sufficient to resolve the employment status. But it seems appropriate that the right to control on the documents is considered with the actual control.

• Journal of Navigation and Port Research
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• v.36 no.4
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• pp.299-303
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• 2012

"United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea" was passed in July 3, 2008. on September 23, 2009 signing ceremony was held in Rotterdam. The system of maritime performing party is a special system in the transport convention, and constitutes an integral part of the Convention. Maritime performing party system is not the first system which brings in the carrier's independent contractor, but it is the most comprehensive and thorough one. It unified the duty of carrier's independent contractor in the maritime segment, and it is also an important progress in the developing process of international maritime legal system. There are some differences between the maritime performing party and China's current related system, i.e, the port maritime performing party and the intermediate performing party are included in the maritime performing party, and they can enjoy the carrier's exception clause and limitation of liability.

• International conference on construction engineering and project management
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• 2007.03a
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• pp.520-529
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• 2007

Apportioning responsibilities of concurrent delay to the owner and the contractor is a difficult task, due to the sophisticate nature both in the schedule and in the factors that cause the delay. This research attempts to develop a simplified yet systematic approach that can be used for a fair apportionment of concurrent delay. A concurrent delay is defined herein as when the contractor and the owner have both caused independent critical path delays during the same approximate time period. Incorporating the concepts of windows analysis and critical path method (CPM), the developed approach has three "windowing of delay" steps to quickly apportion the delay in each of these windows, and a fourth step to sum up those apportioned delays to obtain each party's final responsibilities. This developed approach is found to be simple and effective at this stage; it will be tested against real cases in the near future.

• Journal of Technologic Dentistry
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• v.34 no.4
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• pp.433-445
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• 2012

Purpose: In order to validate empirically the theoretical model of this study subjects, who were limited in Andong gun, Youngyang gun, Uiseong gun, Bonghwa gun, Chilgok gun, Cheongsong gun according to residence-specified distribution and over aged 65, were focused to the elderly in rural areas with geographical characteristics where they have difficulties in accessibility of dental facilities and dental care. Methods: The collected data were analyzed by the SPSS 19.0 program. First, the frequency analysis was performed for each independent variable and the dependent variable. Second, reliability analysis and correlation analysis were conducted for daily living skills and Biomedical Vigilance. Third, multivariate analysis was performed in terms of and the post-administration management. Fourth, multiple regression analysis was performed to identify the factors affecting the post-management of dentures and the period of using dentures. Results: By results of the multiple regression analysis, the elder the subjects are(${\beta}$ = 0.03), the lower their income activities are(${\beta}$ = -0.18), the smaller their monthly allowances are(${\beta}$ = -0.16), the worse their daily activity skills are(${\beta}$ = -0.12), the more they were mounted their dentures by an unlicensed contractor(${\beta}$ = 0.07), and the more they cost to their dentures(${\beta}$ = 0.14), the longer the period of use dentures are. And the beneficiaries of Basic Livelihood Security(${\beta}$ = -0.14) who got free denture business are shorten the period of using dentures. According to multiple regression analysis for post management of dentures, the independent variables like the health education(${\beta}$ = 0.24), smoking(${\beta}$ = -0.18), periodic oral examination(${\beta}$ = 0.13), dentures mounted by an unlicensed contractor(${\beta}$ = -0.13) are shown statistically significant results. In that study subjects are taking part in health education and non-smokers, they are likely to have more chances to post management for their dentures like periodic oral examination. However the subjects who were weared their denture by an unlicensed contractor get less chance to post management for their dentures. Conclusion: As the elderly who want to wear denture are increasing due to the denture insurance for the elderly, the need for oral health education for the elderly is an urgent request, especially continuos education for the way of use their dentures and follow-up management for the elderly who were already mounted their dentures. And also, the need for more systematic researches is requested for securing objective data.

• International conference on construction engineering and project management
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• 2009.05a
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• pp.409-416
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• 2009

This paper presents a tool called Quality-Cost optimization system (QCOS), which integrates Multi-Objective Genetic Algorithm (MOGA) and Quality Function Deployment (QFD), for tradeoff between quality and cost of the unitized metal curtain-wall unit. A construction owner as the external customer pursues to maximize the quality of the curtain-wall unit. However, the contractor as the internal customer pursues to minimize the cost involved in designing, manufacturing and installing the curtain-wall unit. It is crucial for project manager to find the tradeoff point which satisfies the conflicting interests pursued by the both parties. The system would be beneficial to establish a quality plan satisfying the both parties. Survey questionnaires were administered to the construction owner who has an experience of curtain-wall project, the architects who are the independent assessor, and the contractors who were involved in curtain-wall design and installation. The Customer Requirements (CRs) and their importance weights, the relationship between CRs and Technical Attributes (TAs) consisting of a curtain-wall unit, and the cost ratios of each components consisting curtain-wall unit are obtained from the three groups mentioned previously. The data obtained from the surveys were used as the QFD input to compute the Owner Satisfaction (OS) and Contractor Satisfaction (CS). MOGA is applied to optimize resource allocation under limited budget when multi-objectives, OS and CS, are pursued at the same time. The deterministic multi-objective optimization method using MOGA and QFD is extended to stochastic model to better deal with the uncertainties of QFD input and the variability of QFD output. A case study demonstrates the system and verifies the system conformance.

• Journal of Fisheries and Marine Sciences Education
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• v.26 no.5
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• pp.959-965
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• 2014

Transporting of live fish requires subcontract with an independent contractor. During the transporting of live fish, civil liability problems can be caused by damage of fish. Before transporting of live fish, responsibility of negligence and tort liability were arisen, after transporting of live fish, default on an obligation was arisen. To avoid this problems, it is important to put a bond on each other and live fish transporting contract can be made a legal contract. Also, transporting of live fish must be made safe, after transporting, and discharge of obligation, perfect transaction is achieved.

• Korea Real Estate Review
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• v.28 no.4
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• pp.53-62
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• 2018

When the contractor does not receive payment for his work due to the client's funding default, he can take various legal measures against the client, in addition to refusing to transfer the building under construction to the client. To claim top payment priority and to demand the equal enforcement of the law by applying for compulsory auction or auction by exercising the right of lien, the contractor should know the construction phase or the point in time when he could exercise a lien or apply for a forced auction of the unregistered building. This study was conducted to examine qualification for lien and auction of an unregistered building. First, the general criteria for qualification for lien from qualification for ownership were examined. This means that an unregistered building can be subject to lien from a certain point in time in the construction phase, where the ownership is qualified as an independent real estate with minimal pillars, roofs, and walls. Second, the contents of the narrow and broad auction qualification were analyzed. As the contractor can select the appropriate legal means to reimburse the construction cost for the unregistered building, the results of this study are expected to provide the bases for qualification for lien on and auction of unregistered buildings.

• Journal of Legislation Research
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• no.41
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• pp.337-366
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• 2011

In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

• Journal of Korean Society of Rural Planning
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• v.20 no.3
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• pp.55-66
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• 2014

Under high agricultural automation in rice farming, cultivation acreage expansion can be considered for the economies of scale. Also, considering the circumstances of higher ratio in leased farms than independent farms, Long-term Leasing Business of Farmland can be the most public and transparent method to expand cultivation acreage for lease farming. Therefore, this research observes the various factors such as application motives, satisfaction, and demands of Long-term Leasing Business of Farmland, which the importance is on the rise and serves as a means to increase agricultural expansion, as well as its operational performance analysis. The research results and implications are as follows. Long-term Leasing Business of Farmland have positive effects such as ensuring stable farming through documental contract, providing convenience because the lease contractor requires no meetings during the contract period, providing opportunities to expand the farm size, and acquiring economical gain which is linked to satisfaction aspects of the businesses. On the other hand, demands such as strengthened business advertisement, writing business documents by correlating with related organizations, and clear lease price configuration were made by the businesses. To bring improvements, this research proposes; 1) expanding support to related businesses, 2) providing convenience through related organization correlations, and 3) configuring clear lease prices considering the regional conditions.