• Title/Summary/Keyword: intent for contract

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Potentials for Uniform Treatments of E-Commerce

  • Song, Keyong-Seog;Kim, Min-Choul
    • 한국디지털정책학회:학술대회논문집
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    • 2004.11a
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    • pp.55-73
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    • 2004
  • The Internet is a wonderland that can be enjoyed by the young, old, and those in-between. It is also a vast commercial market where many contracts are formed every second. The Internet and E-Commerce have created new situations that have generated sweeping proposals for fundamental changes in contract law. During the first half of the 20th Century. when many businesses expanded their geographic scope, there was a tremendous desire for uniform treatment of contracts for the sale of goods throughout the U.S.A. and the whole world. That same dynamic is now occurring in E-Commerce. There is a general recognition of the desirability of uniform contract law to govern E-commerce, but to date that does not exist, though there are extensive proposals for reform of contract law on the Internet. E-Commerce is currently plagued by some of the same problems that led to the passage of the UCC. In the absence of uniform legislation, state-by-state differences are inevitable with respect to E-Commerce. State-by-state differences in E-Commerce contract law is widely viewed as undesirable. To deal with this problem, a number of uniform bills have been proposed including UCITA, UETA, and revisions to Article 2 of the UCC (Subpart B). The thrust of these uniform acts is to create legal parity between paper records and electronic records. There is considerable resistance by consumer groups to this parity and progress towards Passage of UCITA, UETA, and revised Article 2 has been slow. The UCITA covers licenses of computer software but does not cover the sale oil goods on the Internet. The scope of the UCITA includes computer software. multimedia interactive products, computer data and databases, and Internet and online information, The UETA deals comprehensively with E-Commerce and contract law. The UCC covers the sale of goods, which does not necessarily involve E-Commerce. The basic principles of contract law are modified to deal with Internet transactions. Intent is inferred from the operations of electronic agents and "signatures" can occur with a response to an invitation to click to accept.

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A Reinforcement Proposal of quite new roles by Professional Engineer for International Technology Collaboration (국제기술협력을 위한 전문기술사의 새 역할촉진방안)

  • 김순근
    • Journal of the Korean Professional Engineers Association
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    • v.15 no.2
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    • pp.52-59
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    • 1982
  • This is to intent of the reinforcement proposal for current P.E., qualification code in necessity of improving the foreign technology inducement & technology export between advanced Country and developing or undeveloping Country as Technological Cooperation for mutual benefit. A prosal contains internationally recogniyed general term & conditions of Standard Contract form for Engineering jobs, construction works includings of plant exportation as for additional new basic knowledge for roling of business promotion & finalization in urging of more current jobs internationally to be increment of technological cooperation.

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Contract Dispute Treatment and its Arbitration on Technology Collaboration in Internationally (국제기술협력상의 계약분쟁처리와 중재에 관하여)

  • 김순근
    • Proceedings of the Korean Professional Engineer Association Conference
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    • 1984.03a
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    • pp.61-67
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    • 1984
  • This is to intent of new proposal for organizing the technology arbitration organization in internationally instead of the existing organization for business & trading matters such as I.C.C. (International Chamber of Commerce), because of to be keeped the major matters in relation with technology by professional engineers as for their own engineering jobs and also develops of their own knowledges without assisting of any expert for the laws.

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Concept of Operations of Procurement Engineering Management Support System

  • Salim, Shelly;Kim, Jin Il;Yeom, Choong Sub;Park, Jong Sun
    • Journal of the Korean Society of Systems Engineering
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    • v.14 no.1
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    • pp.52-62
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    • 2018
  • A software support system, called procurement engineering management support system (PeMSS), is currently under development through a joint research project. The procurement-related scenarios considered in this research is as follow: an EPC (Engineering, Procurement and Construction) company receives an EPC project contract and starts the project to deliver the agreed system to the acquirer. In order to acquire the required equipments that the EPC company does not produce by itself, it eventually interacts with subcontractors, also called vendors. The EPC company responsibilities during the procurement activities are twofold. First, the EPC company has to guarantee that it has ordered the equipment, through issuing Purchase Order (PO), based on the requirements stated in the contract. Second, the EPC company has to verify that the received equipment designs, called Vendor Print (VP), meet the specifications in the PO, before finally acquiring the equipments. During our survey study, we discovered that EPC company takes a lot of time and effort to create PO and verify VP, mainly because these activities are performed manually by the responsible engineers. Therefore, we intent to support the above activities by developing a support system to the legacy procurement system that can trace the requirements from the contract to the PO and VP, among other functionalities. At the time of the writing of this paper, PeMMS is still under-development, thus, in this paper we focus on presenting the development steps of PeMMS using systems engineering theory and introducing the PO creation function. Wholly, PeMSS attempts to reduce the time and effort of engineers on the procurements activities while also increasing the quality of the procurement outcomes.

A Study on the Applications of ICT/IoT for Jeju Haenyeo Culture, an UNESCO Intangible Cultural Heritage

  • Yoo, Jae Ho;Jung, Yeon Kyu
    • Journal of Information Technology Services
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    • v.16 no.4
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    • pp.213-222
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    • 2017
  • The advancement of ICT is changing every field of life. It becomes possible with the penetration of personalized devices, that is, smartphone. The boom of IoT will come when there exist diversified and personalized services. In general, we might admit that it is needed that the more privatized services than the overall serviced. Jeju Island is the only one special self-governing province in Republic of Korea and deserves to be proud of the unique culture from its long historical background. One of the very regional culture which performs by women divers, Haenyeo activity or culture, was registered as Intangible Cultural Heritage. When authors were researched Jeju Haenyeo as a worthy reserving service, we recognized that it has never considered to use any point of ICT/IoT yet. Because IoT holds the high potentiality to create any service scenario between interesting groups. We will design a few services for Haenyeo which covers their job territory or daily life, adopts up-to-date technology or method such as sensored network, smart contract and App/Web. In this paper, we intent to show the simplicity and easiness of the application of IoT not to much inconspicuous target. So, we suggest a specialized IoT service for the reservation and promotion of Haenyeo Culture. This service would be composed of sensors, IoT network and App/Web at home and office. This service can be used among interesting groups : Haenyeo, policy maker, manufacturer, service provider and culture consumer.

Job Burnout, Engagement and Turnover Intention of Dietitians and Chefs at a Contract Foodservice Management Company

  • Lee Kyung-Eun;Shin Kang-Hyun
    • Journal of Community Nutrition
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    • v.7 no.2
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    • pp.100-106
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    • 2005
  • The purposes of the study were to assess levels of burnout, engagement, and turnover intention of dietitians and chefs and to investigate the relationships among the antecedents and consequences of burnout and engagement. A total of 257 dietitians and chefs at a contract foodservice management company in Korea were surveyed using a self-administered questionnaire. Burnout (exhaustion, cynicism, and professional efficacy) and engagement (vigor, dedication, and absorption) were measured with three dimensions each. The dietitians showed significantly higher exhaustion (p < .05) and significantly lower vigor and dedication than the chefs (ps < .05). The exhaustion and cynicism dimensions of burnout were negatively correlated with all three dimensions of engagement (ps < .001) and positively correlated with turnover intention (ps < .001). The professional efficacy was positively correlated with all three engagement dimensions (ps < .001), but not with turnover intent. In addition, turnover intention was positively correlated with negative affectivity and work-load and negatively correlated with vigor, dedication, and absorption. A series of hierarchical regression analyses were conducted to assess the effects of the personal (positive and negative affectivity) and situational factors (workload, interpersonal conflict) and job stresses on turnover intention. After removing the effects of the personal and situational factors, cynicism (p < .01) was the only significant predictor of turnover intention. Based on the findings, suggestions for recruiting and retaining qualified and motivated employees were provided.

The Applicable Law to the Existence and Effect of the Arbitration Agreement (중재합의(仲裁合意)의 성립(成立) 내지 효력(效力)에 관한 준거법(準據法))

  • Kang Su-Mi
    • Journal of Arbitration Studies
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    • v.16 no.2
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    • pp.89-120
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    • 2006
  • If the existence and effect of the arbitration agreement becomes an issue in international business transactions, it is the key point how we shall determine the applicable law by national rules for the conflict of laws, or by other methods. The argument in determination of the applicable law to the existence and effect of the arbitration agreement is related to regal nature of the arbitration agreement. As there are foreign factors in international arbitration, therefore we must consider such an aspect. Besides, we have to examine whether the general theory of contract is universally applicable to the arbitration agreement. Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the arbitration agreement. However, it is a difficult problem to recognize the applicable law chosen by the parties, whether it is based on any regal standard(for example New York Convention or the private international law or the essential quality of the arbitration agreement). In the light of the actual transactions, when the parties don't make a choice of the applicable law expressly, it will finally come down to presuming the party's implied intent. Nevertheless, finding the implied intent is a difficult problem. Some argue that we shall presume the choice of applicable law by an objective standard such as a place of arbitration, to prevent too much expansion of the scope of the recognition. But we need to review that this interpretation harmonizes with the principle of party autonomy. Especially, if we desire to detect the vital point where it is most closely linked to the arbitration agreement, we have to inquire how we will decide such a relation by means of any standard. However, as the existing Arbitration Act doesn't offer the solution to these issues, therefore we have to settle these problems through the development of adjudications and theories.

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In-house Contractors' Exposure to Risks and Determinants of Industrial Accidents; With Focus on Companies Handling Hazardous Chemicals

  • Shin, Kyusoo
    • Safety and Health at Work
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    • v.12 no.2
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    • pp.261-267
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    • 2021
  • Background: The series of serious industrial accidents in recent years at contractors to large companies has highlighted risk outsourcing as a real and urgent problem. This study aims to review the difference in the degree of risk exposure and the occurrence of industrial accidents depending on the type of company relations. Among in-house contractors, the focus will be on those handling hazardous chemicals that include companies for which outsourcing requires approval. Methods: This study uses the 9th wave of the Industrial Safety and Health Survey (2018). For determining the degree of risk exposure, the occurrence of industrial accidents, and industrial accident rate, multivariate, logistic, and fractional logit, regression analyses were used, respectively. Results: First, In-house contractors' degree of risk exposure is higher than that of the client companies. In particular, this gap is even greater for companies dealing with chemicals. Second, among only those that handle hazardous chemicals, in-house contractors do show a significantly higher rate of industrial accident occurrence. Third, In-house contractors have a significantly higher rate of industrial accidents from diseases than client companies. Conclusion: The analysis supports the intent of the legal amendment that strengthens the protection of in-house contracted workers who handle hazardous chemicals. Second, the results of this study suggest that safety and health management must go beyond legal compliance and ensure that it has substance and effectiveness. Last, there should be policy consideration is necessary to reduce attempts to hide industrial accidents.

A Study on Risk Management of Bill of Lading in International Trade Transaction (국제무역거래에서 선하증권의 위험관리에 관한연구)

  • Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.37
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    • pp.187-216
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    • 2008
  • Risk regarding the possibility of loss can be especially problematic. If a loss is certain to occur, it may be planned for in advance and treated as a definite, known expense. It is when there is uncertainty about the occurrence of a loss that risk becomes an important problem. The word risk is often used in connection with insurance. No one generally accepted definition of risk exists, however. Of the many definitions, two distinctive ones are commonly used. One defines risk as the variation in possible outcomes of an event based on chance. That is, the greater the number of different outcomes that may occur, the greater the risk. Another way of expressing this concept is to state: The greater the variation around an average expected loss, the greater the risk. The second definition of risk is the uncertainty concerning a possible loss. The definition of risk as a useful one because it focuses attention on the degree of risk in given situations. The degree of risk is a measure of the accuracy with which the outcome of an event based on chance can be predicted. For now, it will serve our purpose to note the more accurate the prediction of the outcome of an event based on chance, the lower the degree of risk. After sources of risks are identified and measured, a decision can be made as to how the risk should be handled. A pure risk that is not identified does not disappear, the business merely loses the opportunity to consciously decide on the best technique for dealing with that risk. The process used to systematically manage risk exposures is known as risk management. Some persons use the term risk management only in connection with businesses, and often the term refers only to the management of pure risks. In this sense, the traditional risk management goal has been to minimize the cost of pure risk to the company. But as firms broaden the ways that they view and manage many different types of risk, the need for new terminology has become apparent. The terms integrated risk management and enterprise risk management reflect the intent to manage all forms of risk, regardless of type. International trade transaction is called between countries has features of globalism, cultural gap, long distance and long terms for the transaction. It is riskier than domestic transaction has its specific risks, such as foreign exchange risk and political risk, and requires various active risk management skills. Risks in relation to the international trade transaction are the contract risk, transit risk and payment risk, etc. The risk management in relation to the international trade transaction is to identify and measure these risks. The purpose of this study is to analyse the practical problems and its solution plan by analyzing various cases related to the risk management of bill of lading in the international trade transaction.

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A Study on the Problem and Improvement of Screening System of Low Price Subcontracting by Analyzing a Standard of Judgement Criteria (원도급자 측면에서의 저가하도급 판정기준의 문제점과 개선방안)

  • Kim, Soon-Young;Han, Choong-Hee;Baek, Tae-Ryong;Kim, Kyoon-Tai;Lee, Jun-Bok
    • Korean Journal of Construction Engineering and Management
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    • v.10 no.6
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    • pp.107-116
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    • 2009
  • As the Fundamentals of Construction Business Act was revised in December 2004 and its implementing ordinances and enforcement regulations were adjusted in June 2005, the screening system of low price subcontracting has been an obligation to the public owners, having brought about arguments for and against since it enacted in 1983. The statutes for low price subcontracting have been reinforced from this year; for example, it underlines to submit to a project and builds an information network of subcontracting works. The system's original intention was that prevents shoddy and fraudulent constructions caused by low price subcontracting and precludes disturbances of fair trade by screening that whether it satisfies the conditions or not in advance. But, the criterion for the existing low price subcontracting has several issues having held up a true mirror to the real situation. It is arguable to discharge an important task with the primary purpose. This dissertation have researched the problem with a deposit of subcontract and the low price subcontracting basic rate are being used by the criteria for deciding whether it is a low price subcontracting or not, so showing the plan of reformation based on the findings, it wishes to contribute toward making the most of the system's essential intent.