• Title/Summary/Keyword: intention to contract

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A Study on the Formation of Contract under CISG - Focus on Emerging Display Technologies v. Fine Digital Inc.- (CISG상 계약의 성립에 관한 연구 - 서울고법 2013.7.19. 선고 2012나59871 판결을 중심으로 -)

  • Kang, Ho Kyung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.63
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    • pp.3-24
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    • 2014
  • This paper focuses on the formation of contract under CISG through the case by the Korean court. Under the CISG, an offer means that a proposal for concluding a contact constitutes the offer, if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. An acceptance is statement made by or other conduct of the offeree indicating assent to an offer, and this statement purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance. In practice, parties negotiate for lots of contract terms to conclude the contract, and the last reply indicating of assent which is made by statement or other conduct to a proposal for concluding a contract would be an acceptance. At this time the most important factor is the intention of parties whether they intend the offer or the acceptance, Purchase order by buyer or Offer Sheet by seller would be understand as condition precedent for the formation of contract. Nevertheless, keep in mind that the Korean court is consistent in the way Purchase order by buyer or Offer Sheet by seller is an acceptance to conclude contract.

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Relationship between psychological contract and job satisfaction, organizational trust, and turnover intention perceived by the national taekwondo demonstration team

  • Lee, Beob-Sun;Park, Jong-Hwa
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.7
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    • pp.153-164
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    • 2022
  • The purpose of this study is to investigate the relationship between psychological contract perceived by national taekwondo demonstration members and job satisfaction, organizational trust, and turnover intention. A total of 228 questionnaires were analyzed using SPSS 21.0 for members who experienced the national taekwondo demonstration team. Frequency analysis, exploratory factor analysis, reliability analysis, correlation analysis and multiple regression analysis were used. First, psychological contract had a significant effect on job satisfaction, second, psychological contract had a significant effect on organizational trust, third, psychological contract had a partial negative effect on turnover intention, fourth, job satisfaction had a significant effect on organizational trust, and fifth, job satisfaction had a partial negative effect on turnover intention.

An Empirical Study on B2B Governance Mechanisms and Relationship Outcomes in Franchise Systems (B2B 거래관계에서 통제메커니즘과 관계성과에 대한 연구 : 프랜차이즈 채널을 중심으로)

  • Yi, Ho-Taek
    • Journal of Distribution Science
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    • v.16 no.11
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    • pp.65-72
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    • 2018
  • Purpose - The purpose of this research is to investigate the effect of ex ante governance mechanisms that can be exercised by franchisers on franchise contract compliance and various relationship outcomes. There are many previous studies on control mechanisms in inter-firm relationship, however, most studies focus on ex post governance mechanisms and identify the effects of behavior control and outcome control on performances. Based on transaction cost theory and agency theory, this study defines the ex ante governance mechanisms of franchisers as contractual completeness and extra contractual incentives. The author have examined the two ex ante control mechanisms on contract compliance, recontract intention, multi-shop running intention and opportunistic behaviors of franchisee. Research design, data, and methodology - In this study, 137 questionnaires of food and beverage franchise stores were collected through a specialized research company. The reliability and validity of the variables were analyzed using SPSS 18.0 and AMOS 18.0 programs and hypotheses were verified through the structural equation modeling. Results - As a result of hypothesis testing, contractual completeness and extra contractual incentives have a positive effect on the contract compliance of the franchisee. It is shown that franchisee's contract compliance has a positive effect on recontract intention and multi-shop running intention and has a negative effect on opportunistic behaviors. Conclusions - This study examines the ex ante governance mechanisms such as contractual completeness and extra contractual incentives, which is relatively rare compared to ex post governance mechanism in B2B relationship. According to the results of this research, these two tools can be used as ex ante control mechanisms for franchise headquarters to use their franchisees. In addition, franchisee's contract compliance affects various relationship outcomes between franchisor and franchisees.

Review of Legislation Case in Main Country about the Validity of International Commercial Contract (국제상사계약의 유효성에 관한 주요국가의 입법례 검토)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.153-178
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    • 2016
  • The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

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The Effects of Psychological Contract Violation on Turnover Intention of MZ Generation Workers in Small and Medium Businesses: Mediating Effects of Job Burnout (중소기업 MZ세대 근로자의 심리적 계약위반이 이직의도에 미치는 영향 : 직무소진의 매개효과)

  • Kim, Yeji;Yoon, Gwansik
    • Journal of Practical Engineering Education
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    • v.13 no.3
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    • pp.533-544
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    • 2021
  • The purpose of this study is to investigate the structural relationship among psychological contract violation, job burnout, and turnover intention of MZ generation workers in small and medium enterprises. The sample collected through online and offline was 144 units of millennial generation and 140 units of Z generation. The results of analysis using structural equations showed that psychological contract violation had a positive (+) effects on turnover intention and job burnout, and job burnout also had a positive (+) effect on turnover intention. In the relationship between psychological contract violation and turnover intention, job burnout had a partial mediating effect.

A Study on the Conditions, Trust and Intention to Contract of Franchise Head Offices under the Food Service Franchising Establishment (외식 프랜차이즈 창업자 환경이 가맹 본부 조건과 신뢰.계약 의사에 관한 연구)

  • Park, Hoen-Jin
    • Culinary science and hospitality research
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    • v.16 no.1
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    • pp.226-238
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    • 2010
  • This study investigates the recovery of trust and provision of a contract between a franchiser and a franchisee in the food service industry. It has come to the following results after analyzing the inter-affections among the franchisers' conditions, the trust level of their support and their intention to contract. First, such factors as experience, confidence, and expertise of a franchisee have significant effects on the terms of a franchiser. Second, ad support, experience, expertise, confidence, and capital factors have significant effects. Third, such factors as history of a franchiser, the number of its franchisees, its brand have significantly influence on trust. Fourth, educational support, utilization of job instruction and purchasing of packages have significant effects on intention to contract.

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Perceived quality of parent-child relationships and attitudes toward filial duty contracts among young adult children (청년 대학생 자녀가 지각한 부모-자녀 관계의 질과 효도계약에 대한 태도)

  • Kim, Jehee;Yoo, Gyesook
    • Journal of Family Relations
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    • v.22 no.3
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    • pp.155-183
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    • 2017
  • Objectives: The purpose of this study identified the perceived quality of parent-child relationships and attitudes toward filial duty contracts among young adult children. Also, this study is to examine the effects of sociodemographic characteristics and perceived quality parent-child relationships on the attitudes toward filial duty contracts and the requirement for filial duty contract details. Method: For this study, a survey was conducted with 210 college student children in young adulthood in Seoul and Gyeonggi-do. The questionnaire consisted of the 'Attitudes toward Filial Duty Contracts Scale', the 'Requirement for Filial Duty Contract Details Scale', and the 'Quality of Parent-Child Relationships Scale' with a demographic questionnaire. Specifically, the Attitudes toward Filial Duty Contracts Scale consisted of the support for contract, the intention of contract, and reservation contract amount on young adult children's mind. Data were analyzed by means of descriptive statistics and multiple regression analysis. Results: The major findings of this study are as follows: First, young adult children reported the relationship with mother better than father's and mid levels of support and intention of filial duty contract. They also showed that their reservation contract amount on their mind was about 500 million won. Second, the multiple regression analyses revealed that gender and pride of one's father positively related to their support for filial contract. Also, gender, the pride of one's father, and emotional closeness to one's father significantly affected their intention of filial contract. In addition, among the variables, only monthly family income significantly predicted their reservation contract amount. Finally, the multiple regression analyses revealed that birth order and gender significantly predicted the normative duty contract. Also, the pride of one's father significantly affected the emotional support contract. However, filial duty contract details such as caregiving for sick parents, physical support, and economic support have been found to be meaningless. Conclusions: The findings suggest that preparative education of aging for parents who are considering making the filial duty contracts with their children should include some realistic advice. These pieces of advice include their parent-child relationship and consideration of their own overall asset sizes.

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.

An Activation Plan of Electronic Contract Real Estate

  • Youn, Sung-Ho
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.10
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    • pp.175-182
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    • 2016
  • In the 21st century knowledge and information society, Electronic Contracts made with the intention of electronic computer information networks are emerging as a new legal problem which can not be solved in the conventional legal system governing contracts. In other words, the indicator's decision determines the effect and formation of the contracts in the face-to-face or written contracts but electronic decision through computer information network is established the working process of electronic signals-electronic contracts are not only difficult to separate the decision-making process but questioned to be solved by the theory of the general legal action. Ministry of Transportation is scheduled to introduce real estate sales and lease contract using a variety of electronic devices such as computer, tablet PC, smart phones and so on without a paper contract. This system is conducted to global expansion of Seoul in demonstration zone on May 8, 2016 and will be implemented nationwide in the second half of 2017. Electronics contract Real estate has some benefits because made by linking electronic contract system and the electronic registration system - the economic effects discounts on various kinds of fees, the prevention from real estate fraud beforehand and the solution to the complexity of the process the seller and the buyer visits The Real estate agency. However, it has some problem- the disorder in the real estate contract market, the occurrence of the real estate agency accident and the author of the electronic real estate contracts have limited only to realtor. In this paper, I suggest the activation plan to search for establishment and effect of electronic contracts and declaration of intention in electronic depending on the Electronic Contract Real Estate system.

Effects of Operational Practices of Contract Foodservice Management Company on Relationship Quality and Recontract Intention (위탁급식 전문업체 운영요인들이 거래관계의 질과 재이용의사에 미치는 영향)

  • Chun, Dal-Young;Goo, Hye-Kyoung;Yin, Jee-Hyun
    • The Journal of the Korea Contents Association
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    • v.12 no.5
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    • pp.331-345
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    • 2012
  • The main purpose of this study is to investigate the effects of operational practices of contract foodservice management company on relationship quality and recontract intention. To verify research model, 126 data were collected from client companies of E contract foodservice management company and analyzed using structural equation modeling and multiple regression. The results of this study can be summarized as follows. First, direct factors such as operational costs, menu management, and service management had significant influences on food service quality. On the other hand, indirect factors such as operational supportability, brand image, and capacity of sales management were not important to food service quality. Second, indirect operational practices had significant effects on trust. That is, when operational supportability was increased, brand image was enhanced, and capacity of sales management was strengthened, client company's trust on contract foodservice company was increased. Among them, brand image showed the highest effect. Also, direct practices such as operational costs, menu management, and sanitary/facilities management significantly influenced on trust. Third, food service quality significantly affected trust. Finally, only trust had significant effect on recontract intention but food service quality did not. This means that food service quality alone is not enough to earn recontract intention. Relationship marketing efforts to form trust should be made between contract foodservice company and client company.