• Journal of the Korean Institute of Navigation
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• v.17 no.2
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• pp.107-119
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• 1993

When the breach of contract is at issue between the contracting parties, the decision of the contents of obligation has an important meaning. The contents of obligation is decided by the construction of cont-ract. Therefore, the construction of contract has very important meaning for the decision of the contents of obligation. And the Civil Law of Korea includes provisions to settle disputes related to contract, and most of these provisions have the nature of voluntary law. And when there is no intention of the contracting parties, or it is not clear, the voluntary law comes into application(Civil code art. 105). Ultimately, voluntary law not only becomes the standard of the construction of the contract, but also it is applied as the law to settle dispute. Thus, it needs to clear what is the relation between the construc-tion of contract and the application of law. Therefore, this paper aims to clarify the relationship between the construction of contract and the appli-cation of law.

• Journal of Digital Convergence
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• v.17 no.12
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• pp.139-145
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• 2019

The purpose of this study is to analyze the effects of black consumer behavior on turnover intentions. Baron and kenny (1986) The effectiveness of the analysis results, according to the verification procedure. Results of empirical analysis are as follow. black-consumer behavior has the significant positive effect on the intention of turnover of employee in restaurant. and The significance of this study indicates that service employee's psychological contract violation plays a role as mediated variable influencing the relationship between black-consumer behavior and intention of turnover. Based on the results of the empirical analysis, it was suggested that measures such as a policy banning access to black consumers or compensation system such as emotional labor allowance were needed to reduce the degree of turnover of the members of the organization. Finally, the methodological limitations of this study are presented.

• Korea Trade Review
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• v.41 no.4
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• pp.21-40
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• 2016

This study mainly deals with a recent case held as to the formation of contract under the United Nations Convention on International Sale of Goods(CISG). In order to analyse the fact of the case and the justification of its holdings, it examines the rules on the formation of contract under the CISG, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. In addition to these, it particularly investigates the rules on a delayed acceptance under the CISG. After looking into those rules, it criticizes the holdings and provides legal and practical advice to contracting parties who intend to conclude a contract under the CISG as a governing law. It finds that whose e-mail in the case amounts to an offer and an acceptance is depended upon the interpretation of intention of the parties expressed in their statement. According to such interpretation, even if a purchase order is requested by the seller for the formation of contract, a contract may be concluded by a simple statement which commits the buyer himself to purchase the seller's goods. This is particularly the case where such request is made only to clarify the buyer's intention to purchase them.

• Journal of the military operations research society of Korea
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• v.36 no.3
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• pp.113-134
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• 2010

The purpose of this study is to investigate the moderating effects of psychological contract violation and self-control on the relationship between abusive supervision and subordinates' work-related attitudes. Results show that abusive supervision was positively related to subordinates' turnover intention, whereas it was negatively related to their organizational commitment. Futhermore, it is surprising that the moderating effects of psychological contract violation and self-control showed an unexpected pattern. Implication of these results as well as strengths, limitations, and avenues for future research are discussed.

• Journal of Distribution Science
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• v.14 no.7
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• pp.101-114
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• 2016

Purpose - The aim of this study is to investigate the benefit-sharing activities. They affect contract renewal intention between franchisers and franchisees that are linked through a contract with the intention of building their relationship from the level based on dynamic trust. This study will show a new approach on qualitative growth and consolidation of competitive power and may well be able to suggest practical ways to strengthen directions in the field of franchise industries. Research design, data, and methodology - In this study, based on literature review, we separated logistical-supporting activities and non-logistical-supporting activities from benefit-sharing activities. We modeled how benefit-sharing activities influence contract renewal intention of franchisees by dynamic trust. In particular, considering the possibility of trading concepts and characteristics of trust between providers opportunistic behaviors was defined as variables, depending on the situation and dynamic characters reveal their relationship trust concept. That is, dynamic trust having the possibility of changing depending on opportunistic risks and interdependencies by Lewis & Weigert(1985, 2012) was classified into transitional-based trust, calculated based trust, relational-based trust and balance-based on trust. The total of 104 samples from domestic franchisees being with franchisees were collected by using a structural composed questionnaire. Results - The results are as following. Benefit-sharing activities in logistical supporting activities appeared to affect the multidimensional concept of transitional trust, calculated based on trust, relationship-based trust and balance based on trust dynamic trust with all-defined impact. Non-logistical supporting activities appeared to affect significantly the positive (+) to the dynamic trust concept except transitional trust. Lewis & Weigert(1985; 2012) have proposed a dynamic confidence calculated from relations within-based trust relationship based on trust appears to affect the significant positive (+) to the balance-based confidence transactions confidence mechanism of the system side in the verified relationship. Finally, a relationship based on trust and confidence in the balance based on the Influence of dynamic renewed confidence showed significantly affect the positive(+). In particular, the balance based trust showed the acts as a mediating factors between relational trust and confidence and renew calculated. Conclusion - From the above these results, the significance from this study is as following. First, the proposed activity is to share and validate the approach by identifying the potential in the relationship from the contract with building dynamic trust, and one of the ways from the franchise headquarters and affiliated merchants mutual growth through win-win cooperation in sharing activities. Next, the dynamic segmentation confidence to suggest the possibility can be broken down over the validity and reliability test for each concept. In addition, by identifying the relationship between the dynamic level of confidence granular multi-dimensional concept, to determine the level of trust with a dynamic relationship between risk and interdependencies can be possible in franchise industries. In order to maintain and develop their mutual relationship, franchise industries should propose confidence-building steps to promote their quality improvement.

• Journal of Digital Convergence
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• v.15 no.8
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• pp.115-126
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• 2017

Organizational trust is recognized as a factor that is directly linked to the organization's success in the sudden change represented by the 4th Industrial Revolution and uncertainties. This study selected trust and distrust as separate concepts and verified the structural relationship between organizational justice, psychological contract, trust, distrust, and turnover intention. Organizational justice was significant as a antecedents of distrust, whereas psychological contract was antecedents of trust, and distrust only had a significant effect on turnover intention. This result supports that trust and distrust are not one dimensions but two separate concepts. Also, organizational justice had no direct effect on turnover intention and only indirect effect through distrust was significant. This study has implications for both theoretical and practical aspects in terms of identifying the differential effects of trust and distrust.

• Journal of the Korean Operations Research and Management Science Society
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• v.42 no.1
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• pp.1-17
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• 2017

This study investigates a buyer-supplier supply chain, in which a buyer delegates the production process to a supplier as in many practices. The consumer's buying intention and overall supply chain performance are affected not only by the buyer's decision on sales price but also by the supplier's decision on product quality. Therefore, the buyer has a motivation to control the supplier's quality investment. Among various incentive schemes that the buyer can adopt in practice, we consider a revenue-sharing contract and investigate its unique characteristics. By comparison with a typical wholesale price contract, we reveal that the revenue-sharing contract can enhance supply chain's overall performance, including quality, demand, and profits of not only overall supply chain but also each player. We contribute to the academia and the supply chain practice by providing important guidelines in adopting incentive schemes and effectively managing product quality in a supply chain.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.47-68
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• 2008

I have observed the validity of open-offer from a point of European contract law in comparison with International Trade Law in this paper. Generally we know that an offer is an expression of willingness bo be bound to the contract. In English law if there are no intention it will be considered such as circulation of price lists or catalogues. As for French law these activities could be considered as an offer. However German law is closer to English law as to an offer. A contract which does not ascertained price is open-price terms and it can be applied not only for general commercial contracts but also for franchise or for distributorship agreements especially in Europe. When open-price terms applied to reserve a exclusive right to the contract the validity of contract can be a serious matter between principals. In English law an offer must be sufficiently complete to be capable of acceptaqnce. English law does not require that price terms should be indicated on offer. English law allow a open-price terms in the contract. In French law a contract will be valid in the absense of a price which is either determined or objectively determinable. A price by the market price of similar products is not enough to be valid offer. It should be recognized and accepted objectively by third parties. French law require that price terms should be indicated on offer. Open-price terms are not enough to be an effective offer. However German law shows more flexible than French law. In German law if the price is not fixed in the contract there are four ways to determine it. The seller may determine the price by the time of deliver. By reason of thess backgrounds I have made comparison with European contract law and International trade law on the validity of open-price offer in this paper. It seems that we are not familiar with open-price terms although franchise contract or special terms of contract have been increased in these days. So I hope this paper will be helpful to show a new point of view.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.14 no.3
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• pp.141-151
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• 2019

This paper aims to investigate the moderating effects of relationship quality between support services of food service franchisor and performance(re-contract intention) in food service franchise. For analyzing the relationship of them, the support services of food service franchisor categorized with initial service and continuous service. Also, the factors of relationship quality(satisfaction, trust, commitment) classified into detailed subfactor by confirmatory factor analysis. As a result, we found some statistically significant effects between the support services of food service franchisor and factors of relationship quality, and they sequentially affects to re-contract intention. Also, it's analyzed that factors of relationship quality have a role as a moderating variables by research model. That is, as a presented with previous research, there is verified that relationship quality is caused by support services of food service franchisor. Also, relationship quality factors significantly affect to performance(re-contract intention). Some guidelines for practicing potential food service franchise as a result of this would include; first of all, it is important to support the potential food service franchise consulting approach for some competitive advantage; secondly, effective governmental support programs for food service franchise should be developed for positive impacts of according to these results.

• The Journal of Industrial Distribution & Business
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• v.3 no.2
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• pp.17-21
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• 2012

Purpose - The objective of the paper is to explain the factors affecting on the Re-contract intension of franchisor in the uprising Chinese franchise market. Research design, data, methodology - The study conducted a survey on the 400 franchisors data in China from January to July 2012. By AMOS analyzing the data to examine these hypotheses empirically, we can confirm most hypothesis supposed. Results - This study shows that the high management performance and satisfaction of the franchise headquarters has a positive effect on the Re-contract intention of franchise. In the case of large markets such as China, the franchisor's strategy and the role is very important. Conclusions - This study provides franchisors and practitioners, who plan to extend their franchising business abroad into Chinese market, with some practical knowledge. in order to achieve stable profits, the franchise corporation needs to support the operation of the individual franchisee through incentives and standardization of services.