• Title/Summary/Keyword: terms of contract

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Security Model of Smart Contract Based Private BlockChain Using Commitment Scheme (커미트먼트 스킴을 응용한 사설 블록체인 기반 스마트 컨트랙트의 보안 모델)

  • Kim, Young Soo;Park, Young-Soo;Lee, Byoung Yup
    • The Journal of the Korea Contents Association
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    • v.18 no.7
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    • pp.620-627
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    • 2018
  • With the widespread adoption of blockchain in the field of business, the importance of confidentiality of critical information has been emerging. Although blockchain models solve the security problem regarding integrity threat by sharing transactions and making them public, it is vulnerable in terms of confidentiality. Therefore, a security mechanism to provide confidentiality of critical information and private information of a firm is necessary to utilize block chain in the process of work. In order to solve the problem, we suggest Private blockchain based cryptographic protocol application model using Smart contract commitment scheme of the Ethereum. It can contribute to activation of blockchain services by enabling non-trusted participants to perform businesses through application of smart contract enhanced in terms of confidentiality and integrity to private blockchain.

AN EVALUATION OF FACTORS AFFECTING THE SELECTION OF BUILDING CONTRACTORS: THE CASE OF NIGERIA

  • K.T. Odusanmi;H.N Onukwube;C.C. Ekwoanya;F.O Achi
    • International conference on construction engineering and project management
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    • 2007.03a
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    • pp.830-836
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    • 2007
  • This paper is concerned with identifying the importance of the pre-qualification factors used in selecting contractors and also in determining the importance of various criteria used for the award of contract. The study was carried out through questionnaire survey administered to a population of 60 respondents in consultancy and client's organisation. The data analysis included a statistical comparison of means and interpretation. The result of this study showed that experience of the contractor is the most important prequalification factor while technical expertise is the most important criteria in the award of contract. The result of this study will enable clients, consultants and contractors to lay emphasis on the influencing factors in terms of pre-qualification and award of contract.

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Smart Contract and Dispute Resolution by Arbitration (스마트 계약과 중재에 의한 분쟁해결)

  • Han, Jong-Kyu
    • Journal of Arbitration Studies
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    • v.30 no.1
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    • pp.87-111
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    • 2020
  • Smart contracts are implemented by blockchain technology, which stores the terms of the contracts of both parties on the blockchain. In the event of an international dispute over smart contracts and blockchains, no special solution has been proposed, such as the enactment of the International Unification Act. The blockchain platform which operates smart contracts is decentralized and operates through distributed nodes around the world without central servers, making it difficult to establish jurisdiction and governing laws. As an alternative to traditional dispute-solving methods, a new mediation model-smart arbitration-is being attempted. The arbitration process is likely to be a preferred means of resolving disputes over smart contracts in practice. There are many problems, such as the fairness of the arbitration center on the selection and judgment of arbitrators, the question of securing reliability, the question of the validity of the arbitration agreement, and how much the court can be involved in the case. Preparations at the national level, such as fostering blockchains and smart contract experts, and overhauling the legal system, are needed.

Basic Research on Nuclear Power Plant Construction Claims and Dispute Management Processes Development

  • Son, HyeJin;Lee, SangHyun;Byon, SuJin
    • International conference on construction engineering and project management
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    • 2015.10a
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    • pp.710-711
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    • 2015
  • A nuclear power plant construction is a complex form of construction which comprises various stakeholders and contractors. Therefore, contract disputes will occur due to conflicting interests of contracting parties and unpredictable factors which arise during construction work. Even if the contract is well prepared, it cannot fully prepare for future situations in actuality. Claims management is very important in carrying out construction management. This study intends to define claim, and delve into development of claims management processes from the viewpoint of owners and contractor through consideration on international contract terms on claims management and the details of the claims management of the Construction Extension to the PMBOK. In addition, it is needed to accumulate and manage data on claims that have occurred so that they can be referenced in the future. As information should be accumulated so that type classification can be carried out and that lessons can be learned on claims that have occurred in each business site, study on establishing data-based systems relating to claims processes will be needed in the future.

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A Study on the Validity of the Deviation Clause of B/L in the Contract for the Carriage of Goods by Sea (해상운송계약(海上運送契約)에서 선화증권(船貨證券) 이로조항(離路條項)의 유효성(有效性)에 관한 고찰(考察))

  • Kang, Byeong-Chang;Jo, Jong-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.137-157
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    • 2002
  • The clauses of bill of lading(B/L) consist of the terms of contract for the carriage of goods by sea because of clauses of B/L by the mutual agreement of contracting parties. There are some exempted cause of deviation clause in B/L for specific reasons. Then deviation clauses are influenced by Rules of international carriage of goods by sea, because the international rules become the governing law of contract for the carriage of goods by sea. The problem of deviation clauses in B/L is stipulated as follows. "It shall be prerequisite to the Merchant' claim for damages on account of deviation that the merchant's insurance shall first have been cancelled on account of alleged deviation. No deviation shall oust the right to limit liability or damages, and the Carrier shall always be entitled to the full benefit of all privileges, rights and immunities contained in this Bill of Lading and incorporated tariffs." This stipulation should be adjusted according to the confirmed cases, otherwise it will be invalid according to the Hague Rules and Hamburg rules. The sphere of a reasonable deviation in the deviation clause should be interpreted in the connection with the designed voyage and the commercial object of contract for the carriage of goods by sea and the deviation become valid unless the policy, the general object of international rules or the true intention of contracting parties has violated.

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The Effect of Consultant Competency on Consulting Performance, Customer Satisfaction, and Intention to Renew Contract: Focused on CSV Consulting in the GMP Industry (컨설턴트 역량이 컨설팅 성과, 고객만족, 재계약 의도에 미치는 영향에 대한 연구: GMP 산업의 CSV 컨설팅을 중심으로)

  • Dae-Hyun Park;Dong-Hyun Baek
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.46 no.4
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    • pp.74-92
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    • 2023
  • The computer system validation consulting industry is growing as domestic GMP companies' overseas exports or advancements increase, and computer system validation has been mandatory in Korea since the 2010s, but domestic CSV consulting companies are small in size and have a short history, revealing many shortcomings in terms of service quality and customer satisfaction when conducting consulting. Research related to consulting has been mainly focused on management consulting and IT consulting, and research related to computer system validation is very insufficient. This study confirmed the effect of consultant competency and service quality on consulting performance, customer satisfaction, and intention to renew contract when performing computer system validation through empirical research on food, pharmaceutical, cosmetics, and medical device companies, which are representative companies in the GMP industry. As a result, it was confirmed that consultant competency and service quality had a significant effect on consulting performance, customer satisfaction, and intention to renew contract. In addition, it was confirmed that the reputation and expertise of consulting companies had a moderating effect on the relationship between consultant competency and consulting performance.

An Evaluation of Contract Foodservice's Web sites by Importance and Performance Analysis - For Students Majoring in Food & Nutrition - (위탁 급식 업체 웹사이트 이용 실태 및 중요도.수행도 분석 -식품영양학전공 학생을 중심으로-)

  • Park, Sang-Hyun;Jung, Hyeon-A;Joo, Na-Mi
    • The Korean Journal of Food And Nutrition
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    • v.20 no.4
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    • pp.516-524
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    • 2007
  • This study was conducted to evaluate contract foodservice's websites. The survey sample consisted of students majoring in food and nutrition having good knowledge of foodservice. The questionnaire requested information related to demographics, internet usage, contract foodservice company websites, and the evaluation of the websites. The data were analyzed using SPSS for windows(version 12.0). The results are summarized as follows. From the results of the factor analysis in evaluating the contract foodservice's websites, 7 factors were generated and were defined as technology & interactivity, customer service, interface, design & convenience, contents, communication, and offering of information. Of these, technology & interactivity(p<0.05), customer service(p<0.01), interface(p<0.05), design & convenience(p<0.001), content(p<0.01), communication(p<0.01), and offering of information(p<0.01) had a significant effects in terms of the on satisfaction with a website. Since the beta of the "design & convenience" factor(0.319) was the largest, it had the greatest effect on satisfaction. In the importance performance analysis, the respondents showed high recognition on the importance, but low recognition on the performance, of aspects such as menu composition, attraction of the website, offering a FAQ section, and the operation of Q&A. Also, the importance score for 'offered relevant websites' was significantly higher than the performance score. Therefore, contract foodservice companies should take into account these aspects for improving their websites.

A Study on some practice issues and main provisions of the international artworks sales contract - Mainly sculptures sales contract - (예술품의 국제매매 계약시 주요 조항과 계약서 작성상 유의점에 관한 소고 - 조형물계약을 중심으로 -)

  • Lim, Sung-Chul
    • Korea Trade Review
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    • v.41 no.4
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    • pp.111-129
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    • 2016
  • In this paper, I reviewed the analysis of possible ICC model of international sale contract terms used in the international artwork trade. Based on this, the provisions proposed considering the specialties of the international artworks trade. The purpose of this research study is to help practitioners draw up a contract of international artworks trade. In Chapter II, I reviewed the highlights of the international sale of goods contract. In Chapter III, I discussed the issues that arise in creating specific provisions on the international artworks trade agreements. In Chapter IV, I discussed the issues in creating the general provisions on the international artworks trade agreements. Quantity provisions of the international artworks sales contract should include the "more or less" clause. And it should also clearly define the scope of the author's property rights transfer in the copyright provisions. Even if a buyer has been assigned the copyright of artworks from the artist, if the buyer modifies the artworks without permission, moral rights can be violated. In addition, even if a buyer has been assigned all of the intellectual property rights of the artists, if the buyer does not have the specific provisions, the buyer must keep in mind that the unauthorized publication of artworks, film production, merchandising, etc, may infringe the right to create derivative works.

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A Study on the Using Situation in Korea and Suggestions for Improvement of INCOTERMS (우리나라 무역업계의 INCOTERMS 사용현황과 개정방향에 관한 고찰)

  • Park, Kwang-So;Kim, Jae-Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.53-74
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    • 2009
  • INCOTERMS have been changed almost every 10 years since ICC established INCOTERMS as trade terms for International transaction. Recently transportation has become bigger, and modernized by means of electronic appliances such as RFID, IT, and containerization. FRC, FOR/FOT, FOA were added in INCOTERMS1980 and every conditions are unified into three alphabets in INCOTERMS1990. The best features of INCOTERMS2000 are that FCA substitute FRC, FOR/FOT, FOA and customs formalities were simplified to make clear for each party of contract. It seems that business circles still stick to old customs of their trade like FOB or CIF not only in Korea but in an international practice even though there have been several revisions of INCOTERMS until now. ICC have tried to provide INCOTERMS3000 to solve problems between a theory and an actual condition of international trade. This study has tried to suggest opinions against INCOTERMS3000 and has surveyed a recognition, an actual using situation and issues of INCOTERMS to get improvements. For a recognition of INCOTERMS has been spread as you can find at tables many kinds of business circles still stick to old customs of their trade terms FOB and CIF. Now there are two alternative plans. Firstly, we need to suggest improvements against inconsistency of INCOTERMS to be applied on newly revised INCOTERMS3000 and educating business circles to use proper conditions of INCOTERMS for their doing business. Secondly, we shall participate in revising INCOTERMS to activate multimodal transport conditions of INCOTERMS and provide solutions to fill gap between a theory and an actual condition of international trade. It seems that terms of multimodal transport such as FCA, CPT, or CIP can be a perfect condition for each party of contract. We have examined the inconsistent features of Ship's rail and notions of on board, and observed how to activate multimodal transport terms. These would be hot issues of next revision of INCOTERMS and we provided improvements on each trade terms, THC charges, or others against INCOTERMS.

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A Study on Determining Trade Terms for Logistics Efficiency in the Era of Logistics 4.0: Moderated Mediating Effect of Added Value of Traded Goods

  • Chang-Bong Kim;Kyeong-Wook Jeong;Hwa-Jung Hyun
    • Journal of Korea Trade
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    • v.27 no.4
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    • pp.1-18
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    • 2023
  • Purpose - The purpose of this paper is to study how flexibility and mutuality in determining trade terms impact logistics efficiency in the context of relational theory. Additionally, the effect of relational contracts on logistical efficiency relative to the value of the goods being traded is investigated. Design/methodology - According to the relational contract theory, we developed 17 factors utilizing a 7-point Likert scale to measure variables related to flexibility, mutuality, logistics efficiency, and the added value of goods. The survey occurred over four months, and was distributed directly, and via email, phone, and online Google surveys. A total of 403 surveys were collected out of 1,800 distributed, and 380 were analyzed. The principal respondents were import/export companies and members of the Korea International Trade Association and the Korea Small and Medium Business Export-Import Association. The collected data were analyzed using frequency analysis, exploratory factor analysis, and correlation analysis using SPSS ver. 26.0 statistical software, and hypothesis test results were derived using Process Macro ver. 3.5. Findings - This study provides evidence that negotiation flexibility for trade terms affects the efficiency of the logistics process, and the mutuality of such arrangements is shown to be associated with the flexibility and efficiency of logistics processes. Additionally, it has been established that companies whose trade goods possess a low degree of added value may experience increased efficiency in logistics operations if they agree to trade terms that are both flexible and mutually beneficial with their counterparts. Originality/value - This study suggests that in an environment of rapidly shifting global logistics and unpredictable related costs, trade companies may be able to improve logistics efficiency by establishing flexible, mutually beneficial trade terms when entering into contracts. Furthermore, it is suggested that companies dealing in low-value-added products may improve the logistical performance of approaching trade from a perspective of relational contracts.