• 한국디지털정책학회:학술대회논문집
• /
• 2005.11a
• /
• pp.231-242
• /
• 2005

The purpose of this study is to generate a proper regulation improvement direction of the public IT project contract law through the current four contract methods and three methods of the awarding party of a contract method. The research method for this paper is derived from the written materials of the present public IT project contract law. Two problems have been processed in order to produce the results: the current contract methods and the awarding party of a contract method. The current contract methods consist of a competition contract, a private contract, and a supply methodology contract. The methods of the awarding party of a contract display a qualified evaluation regulation, the 2nd step competition bid, a standard cost separation tender, and a contract by a negotiation. The results exhibit that the general competition contract consists of four improvement items. The contract by a negotiation contains five improvement items. The group private contract has one improvement item. And the private contract includes one improvement item. These results implicate that the current public IT project contract law demands better improvement work for the ubiquitous Korea.

• Journal of Digital Convergence
• /
• v.4 no.2
• /
• pp.97-108
• /
• 2006

The purpose of this study is to generate a proper regulation improvement direction of the public If project contract law through the current four contract methods and three methods of the awarding party of a contract method. The research method for this paper is derived from the written materials of the present public IT project contract law. Two problems have been processed in order to produce the results: the current contract methods and the awarding party of a contract method. The current contract methods consist of a competition contract, a private contract, and a supply methodology contract, The methods of the awarding party of a contract display a qualified evaluation regulation, the 2nd step competition bid, a standard cost separation tender, and a contract by a negotiation. The results exhibit that the general competition contract consists of four improvement items. The contract by a negotiation contains five improvement items. The group private contract has one improvement item. And the private contract includes one improvement item. These results implicate that the current public IT project contract law demands better improvement work for the ubiquitous Korea.

• 한국디지털정책학회:학술대회논문집
• /
• 2006.06a
• /
• pp.319-353
• /
• 2006

The purpose of this study is to generate a proper regulation improvement direction of the public IT project contract law through the current four contract methods and three methods of the awarding party of a contract method. The research method for this paper is derived from the written materials of the present public IT project contract law. Two problems have been processed in order to produce the results: the current contract methods and the awarding party of a contract method. The current contract methods consist of a competition contract, a private contract, and a supply methodology contract. The methods of the awarding party of a contract display a qualified evaluation regulation, the 2nd step competition bid, a standard cost separation tender, and a contract by a negotiation. The results exhibit that the general competition contract consists of four improvement items. The contract by a negotiation contains five improvement items. The group private contract has one improvement item. And the private contract includes one improvement item. These results implicate that the current public IT project contract law demands better improvement work for the ubiquitous Korea.

• Land and Housing Review
• /
• v.2 no.4
• /
• pp.479-489
• /
• 2011

This study aims to suggest the method to enhance the value of public construction project during contract review process considering budget reduction for project profit and public interest enhancement simultaneously. The main results of this study are as follows: (1) Current method are considered to be improved from the point that cost reduction through current method could influence performance of the object of contract without conforming to user requirements or facilities' function. (2) In order to supplement current process, the method to evaluate the variation of performance and value was established based on facility type, participants on each phase, and their requirement. (3) Case study was conducted to verify suggested method, and showed the successful application in enhancing the value of construction projects on public sector.

• Journal of Digital Convergence
• /
• v.2 no.1
• /
• pp.93-112
• /
• 2004

A license under UCITA(Uniform Computer Information Transactions Act) which represents the first comprehensive uniform computer information licensing law is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract. However, intellectual property rights may be licensed in a contract subject to UCITA. UCITA may not be used to vary or extend informational rights that are intellectual property rights, and expressly recognizes preemption by copyright, patent, or other federal intellectual property law in Section 105(b). Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA. An essential purpose of this defense is to give courts some latitude in reconciling commercial licensing law with the principles of intellectual property law. Most intellectual property law is federal, and UCITA expressly recognizes the preemptive effect of that federal law. But the public policy defense gives courts an additional power to consider intellectual property principles purely within the context commercial law.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2014.11a
• /
• pp.218-219
• /
• 2014

The selection of an appropriate contract method is vital for the successful operation of the project. However, there has been a lack of studies on objective decision making support models for use in the planning stage of a project contract. The present study had the goal of analyzing the factors that influence contract method selection, as an initial study for developing a project contract method selection model. The existing related studies were analyzed, and the factors considered in the literature were selected. Then, based on the findings, the opinions of an expert group on the important factors for contract method selection were collected through a survey. The collected opinions were analyzed using factor analysis, a statistical analysis method. The results will be utilized in the future as preliminary data for developing a decision making model for selecting a contract method.

• Journal of Arbitration Studies
• /
• v.14 no.1
• /
• pp.245-272
• /
• 2004

This study is focused on the cases that Korean hotels stepped into international airports, public facilities, and successfully solved the contract related disputes by using arbitration in accordance with arbitration law. This case study on arbitration derives the hotel management strategy points as follow: 1. It must be a good chance for a famed hotel to step into international airports that have big publication effect. The feasibility study focused on marketing feasibility rather than finance feasibility may, however, not be good. 2. Written contract is required in entering into a contract with government organizations. However, oral contract still exists. 3. If the contract is made to always pay the higher amount between annual minimal guarantee and sales rate in expenses of store using charge, such contract shall cause very hard sales environment from the initial stage of the contract. 4. The airports have made optional contracts for national service. Such optional contracts are, however, not free from public criticism. 5. This case study is the first case study on arbitration applied to hotels. This study shall be, therefore, frequently referred to in setting a management strategy of hotels that want to run restaurants in another facility outside themselves.

• Korean Journal of Construction Engineering and Management
• /
• v.14 no.2
• /
• pp.35-44
• /
• 2013

Multi-trade Contract Method was introduced as a means of cutting down construction cost of public housing for low income people. Before a specific project delivery method is applied to large public construction project, it is necessary to discuss all the issues raised up from all the parties in construction industry and all the issues which can impact project performance. Thus the interviews were conducted with industrial professionals from diverse organizations and previous studies were investigated to figure out how this newly introduced project delivery method may impact owner's role and responsibility and project performance in terms of cost, schedule, quality and risk. Under the Multi-trade Contract Method, project owner's management tasks will be highly increased, so it should be checked out if the owner can do its role and responsibility. Public owner's organization also needs to be changed and proper project management procedure and system need to be established. In addition, for efficient application of Multi-trade Contract Method, public owner should consider diverse management approach to deliver the project, and how to select and maintain qualified specialty trades.

• Journal of Digital Convergence
• /
• v.6 no.1
• /
• pp.11-19
• /
• 2008

The Bidding System of the public IT project in Korea is fallen behind, because of the ordering habitual practice based old system, overcompetition based sealed bid and subcontract practice. To innovate this old-fashioned practice for public IT project bidding, this paper wants to generate a proper improvement direction of the public IT project contract law and the related policy through the literature review about the ordering and receiving system in Korea, the practical survey about bidding marketplace in Korea, and competition between bidding system and/or policy of major countries: USA, UK, France and Japan. As a result of practical survey, many problems of the current public IT project bidding system came out and improvement ideas toward future situation turned up. These outputs implicate that the current law and system related public IT project demands better improvement work for the future ubiquitous Korea. Therefore, this paper, to solve these problems about bidding systems and practice, propose the new public IT project contract law and the related policy, reflecting these improvement ideas by the practical survey and the literature review, and benchmarking points from bidding system of other countries.

• Journal of Construction Engineering and Project Management
• /
• v.5 no.3
• /
• pp.18-28
• /
• 2015

Bidding and contract systems are used for public construction projects to select contractors following fair competition principles and to execute national budgets effectively. Many challenges have arisen due to a lack of transparency and fairness and because bidding practices have been luck-based. Few comprehensive or comparative analyses have been conducted on the performance and limitations of bidding and contract systems, and empirical analyses designed to improve policies on and the practice of such systems are lacking. This study empirically analyzed current bidding and contract systems to seek ways of improving them. The study proposes several alternatives to resolve the problems with and irrationalities of the current system: 1) improving bidding and selection systems by changing them from a luck-based price competition into a technical merit- and value-based competition; 2) improving the assessment criteria to meet the current market level of bid and winning prices; 3) adjusting contractual responsibilities and sharing structures to meet the current trend; and 4) strengthening the competitiveness and expanding the social responsibility-based procurement systems of construction companies.