• 무역학회지
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• 제42권5호
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• pp.1-18
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• 2017

본 연구는 가맹본부의 과도한 통제로 인하여 가맹점사업자가 독립적 사업자가 아닌 피용자로 전환될 수 있음을 시사한 Williams v. Jani-king of Philadelphia Inc. 사건을 고찰하였다. 이 사건에서 법원은 가맹점사업자의 지위를 판단하기 위해 계약상 가맹본부가 행하는 통제의 성격이 유일하고 명백한 증거라고 판단하였으나 계약상 내용뿐만 아니라 실질적으로 가맹본부가 가맹점 사업자에게 행사는 통제의 정도도 함께 고려되어야 할 필요성이 있다. 또한 계약상 통제의 성격을 판단함에 있어 그 기준이 명료하지 않기 때문에 가맹점사업자의 지위 판단이 상황에 따라 달라질 수 있으므로 기존의 가맹사업상 내제된 통제와 그 이상의 일상적인 관리상 통제로 구분하여 가맹점사업자의 지위를 판단하는 것이 적절할 것이다.

• 한국항해항만학회지
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• 제36권4호
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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.

• 국제학술발표논문집
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• The 2th International Conference on Construction Engineering and Project Management
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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.

• 대한치과기공학회지
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• 제34권4호
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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.

• 국제학술발표논문집
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• The 3th International Conference on Construction Engineering and Project Management
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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.

• 수산해양교육연구
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• 제26권5호
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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.

• 부동산연구
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• 제28권4호
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• pp.53-62
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• 2018

토지의 정착물인 건물을 토지와 별개의 독립한 부동산으로 규정하고 있는 현행 법제에서는 필연적으로 미완성건물 내지 미등기건물에 관하여 소유권의 귀속시기와 귀속주체, 유치권의 대상적격, 강제경매의 대상적격, 등기능력 등을 둘러싼 다양한 문제가 발생하게 된다. 따라서 미완성건물의 공사대금을 변제받으려는 건설업자는 유치권을 행사하거나 강제경매를 신청할 수 있는 건축단계 내지 시점을 정확하게 알아야 한다. 이에 본 연구는 미완성건물이 최소한의 기둥 지붕 주벽을 갖추어 부동산으로서의 독립성을 갖춘 소유권의 객체가 될 수 있는 건축단계 내지 시점부터 유치권의 객체가 될 수 있다는 일반적 기준을 도출하고 유치권 객체가 되기 위한 요건과 될 수 없는 경우에 대해 분석하였다. 또한 강제경매를 신청하기 위한 요건으로서 갖추어야 할 협의의 강제경매 대상적격과 광의의 강제경매 대상적격인 등기능력을 일반건물과 구분건물로 나누어 구분하고 그 내용을 분석하였다. 이를 통해 본 연구가 공사대금을 변제받으려는 건설업자의 법적 수단 선택에 도움이 되고, 미완성건물의 유치권 및 강제경매 대상적격에 관한 연구의 밑거름이 되기를 기대한다.

• 법제연구
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• 제41호
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• pp.337-366
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• 2011

본고는 신국립극장운영재단사건 및 INAX메인트넌스（メンテナンス）사건(事件)에서의 일본 최고재판소의 판결을 소재로 하여 이른바 개인도급계약형식에 따라 노무제공을 한 자의 노동조합법상의 근로자성을 검토한 것이다. 일본 최고재판소의 판결에 관한 연구결과는 세 가지의 문제로 집약할 수 있을 것이다. 첫째, 근로자성을 인정한 결론에 있어서는 평가할만하다는 것이다. 특히 우리나라의 판례법리, 즉 독립된 계약자 형태의 노무제공에 대하여 지나치게 법적인 관점에서 파악함으로써 그 판단결과는 노무제공의 실태와는 괴리가 있다는 것이다. 근로기준법상의 근로자성 판단에서와 같이 노동관계법에서도 완화된 종속성 내지는 실태에 입각한 판단이 요청된다고 하겠다. 둘째, 노동조합법상의 근로자성 판단에 대한 일반법리가 전개되지 못하였다는 것이다. 종래의 CBC관현악단사건에서와 같은 종합적인 판단이라는 방법을 취함으로써 사례판단에 한정되어, 명확성 및 예측가능성이 결여되고 있다는 것이다. 둘째, 노동조합법 제3조의 근로자 개념과 동법 제7조 2호의 고용하는 근로자 등과의 단체교섭문제에 있어서 최고재판소는 이들 두 규정의 관계에 대하여 명확한 입장을 밝힌 바가 없다. 학설상 다수의 입장은 동 법 제3조의 근로자와 동 법 제7조 2호의 근로자는 전자가 넓은 의미로 보아야 하고, 후자는 자회사 근로자의 모회사와의 관계 등을 포함하여 일정한 고용관계가 형성되는 경우에는 부당노동행위의 구제신청과 관련하여 이를 인정할 수 있는 것으로 해석한다. 그럼에도 불구하고 최고재판소는 수급인 근로자들의 도급인에 대한 단체교섭권을 인정하고 있다는 것은 우리나라에 시사하는 바가 크다고 하겠다.

• 무역상무연구
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• 제42권
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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.

• 농촌계획
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• 제20권3호
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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.