• 제목/요약/키워드: traditional contracts

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First Smart Contract Allowing Cryptoasset Recovery

  • Kim, Beomjoong;Kim, Hyoung Joong;Lee, Junghee
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • 제16권3호
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    • pp.861-876
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    • 2022
  • Cryptoassets such as Bitcoin and Ethereum are widely traded around the world. Cryptocurrencies are also transferred between investors. Cryptocurrency has become a new and attractive means of remittance. Thus, blockchain-based smart contracts also attract attention when central banks design digital currencies. However, it has been discovered that a significant amount of cryptoassets on blockchain are lost or stranded for a variety of reasons, including the loss of the private key or the owner's death. To address this issue, we propose a method for recoverable transactions that would replace the traditional transaction by allowing cryptoassets to be sent to a backup account address after a deadline has passed. We provide the computational workload required for our method by analyzing the prototype. The method proposed in this paper can be considered as a good model for digital currency design, including central bank digital currency (CBDC).

Steel Plant Construction (EPC) Project Case Study : Forensic Lessons-learned Analysis and Systems Engineering Improvement Recommendation

  • Kyung-Bae Jin;Young-Ho Kim;Eul-Bum Lee;Suk-Hwan Seo
    • 국제학술발표논문집
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    • The 5th International Conference on Construction Engineering and Project Management
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    • pp.145-150
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    • 2013
  • As a recent global trend, the majority of mega-size plant projects are delivered through EPC (Engineering, Procurement and Construction) contracts, where a single contract is awarded for engineering, procurement, and construction. Under this contracting mechanism, it is challenging for contractors to carry out the projects under traditional project management processes used in design-bid-build projects. A new EPC Plant, the POSCO Special Steel Plant in Changwon, was built successfully at the beginning of 2012 and it is currently in full-scale production. The project has encountered a number of major difficulties however, with some technical and managerial issues through its development process. As summarized in this paper, the authors (as project participants with the contractor) investigated it as a post construction analysis and recorded the Lessons-learned for future project management improvement.

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국제전자정보거래(國際電子情報去來)에 관한 입법동향(立法動向) (Recent Developments in Law of International Electronic Information Transactions)

  • 허해관
    • 무역상무연구
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    • 제23권
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    • pp.155-219
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    • 2004
  • This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

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Website and Digital Content between Material Property and Intellectual Ownership Rights within the Legal Regulation of Internet

  • Azab, Rania S.
    • International Journal of Computer Science & Network Security
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    • 제22권2호
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    • pp.424-435
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    • 2022
  • When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

산후에 발병한 류마티스 관절염 환자 1례 임상경과 보고 (Clinical study for the one case who contracts of Rhumatitis Arthritis after parturition)

  • 박영애;박영선;김동철
    • 대한한방체열의학회지
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    • 제6권1호
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    • pp.39-48
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    • 2008
  • Purpose: The purpose of this study is to report the effect of TKM to Rhumatitis Arthritis after parturition and show the importance of recuperation after parturation. Methods: The patient was a 33-year-old woman who complains arthralgia, edema and sense of coldness after her third parturation. The patient was treated by Herb medicine, Acupuncture treatment, Moxa treatment and Physical Treatment. And the progress of symtoms was evaluated by cheking the change of VAS, and inspecting the DITI. Results: The Pain and edema have declined. After discharge, she got definite diagnosis as Rhumatitis Arthritis. But We already estimated it from the results of serum test. So we had treated the patience with TKM and we could explain the prognosis. We regulated the pain and edema successfully at the acute phase. And the patient could take care of herself, she didn't play her disease down as a simple symptoms of parturation. Conclusion: TKM is expected to have positive effect on Rheumatic arthritis with quick onset after parturation.

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Conflicting Factors in Korean Construction Industry

  • Acharya Nirmal K.;Lee, Young-Dai;Kim, Jung-Ki
    • 한국건설관리학회논문집
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    • 제7권2호
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    • pp.171-180
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    • 2006
  • Change is inevitable and is a reality of construction projects. Most construction contracts include change clauses and allowing contractors an equitable adjustment to the contract price and duration caused by change. However, the actions of a contractor can cause a loss of productivity and furthermore can result in disruption of the whole project because of a cumulative or ripple effect. Because of its complicated nature, it becomes a complex issue to determine the cumulative impact (ripple effect) caused by single or multiple change orders. Furthermore, owners and contractors do not always agree on the adjusted contract price for the cumulative impact of the changes. A number of studies have attempted to quantify the impact of change orders on project costs and schedule. Many of these attempted to develop regression models to quantify the loss. However, regression analysis has shortcomings in dealing with many qualitative or noisy input data. This study develops ANN models to classify and quantify the labor productivity losses that are caused by the cumulative impact of change orders. The results show that ANN models give significantly improved performance compared to traditional statistical models.

디지털콘텐츠 유통 활성화를 위한 제도개선방안 연구 - 디지털콘텐츠 거래인증제도를 중심으로 - (A Study on the Improvement of Digital Content Distribution System - The Focus of Digital Content Transaction Authentication System -)

  • 오상훈;함정훈;박여원;이용규
    • 한국디지털정책학회:학술대회논문집
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    • 한국디지털정책학회 2003년도 창립학술대회
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    • pp.45-57
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    • 2003
  • In recent years, the number of digital content transaction has increased dramatically, in main, owing to the innovation of IT technology. At the same time, it creates new problems which have never been found in traditional transactions. Especially, due to the easy-copy characteristics of digital content, the illegal usage of digital content proliferates. Also the conflicts between seller an d buyer in digital content transactions on cyberspace market take place frequently because contracts were made without face-to-face discussion. The increase of illegal usage and conflict in digital content market would diminish motivation of creators for their work, furthermore break down digital content market on cyberspace. Digital content transaction authentication system would play an important role in creating sound digital content market. Especially, it would make big contribution to reducing the number of conflict between seller and buyer. In this context, the main objective of this study is to suggest operational model of digital content transaction authentication and to explain critical success factors in organizing digital content transaction authentication system.

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상선의 최적속력 및 적화중량톤과 경제성에 관한 연구 ( 일반살적화물선에 있어서 해운운영상의 여건변동을 중심으로 ) (A Study on Ships Optimal Speed, Deadweight and Their Economy (On the Operations of Common Bulk Carriers Under the Various Managerial Circumstances of Shipping Companies))

  • 양시권
    • 한국항해학회지
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    • 제7권2호
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    • pp.65-113
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    • 1983
  • A lot of studies of ship's economy are on the traditional fields such asreducing propulsion resistance, raising cargo handling rates and lessening building consts, but there are few researches on the merchant ship's economy concerning their deadweights and speeds according to shipping companies managerial cercumstances. Contrary to the contemporary trend that "the bigger, the better, if the cargo handling rate could increased sufficiently to hold down port time to that rate of smmaler vessels", this paper demonstrates the existence of certain limits in ship's size and speed according to the coditions of the freight rates, voyage distances, cargo handing rates, prices of fuel oil, interst rates etc. Fom the curves of criteria contour for various ship's deadweights and speeds which are depicted from the gird search method, one can get the costs and the yearly profit rates under the conditiions of large volume with long term contracts for the transportation of bulk cargoes. In estimating ship's transportation economy, the auther takes the position that the profit rate method is properer than the cost method, and introduces the calculation table of the voyage profit rate index. The use of the criteria contours will be of help to ship owners in determining the size and speed of the ship which will be built or purchased and serve in a certain trade route.

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산후 역절풍 1례 임상경과 보고 (Clinical study for the one case who contracts of Arthritis after parturition)

  • 박영애;박영선;김동철
    • 대한한방부인과학회지
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    • 제20권3호
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    • pp.246-258
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    • 2007
  • Purpose: The purpose of this study is to report the effect of TKM to Rhumatitis Arthritis after parturition and show the importance of recuperation after parturition. Methods: The patient was a 33-year-old woman who complains arthralgia, edema and sense of coldness after her third parturition. The patient was treated by Herb medicine, Acupuncture treatment, Moxa treatment and Physical Treatment. And the progress of symptoms was evaluated by cheking the change of VAS, and inspecting the DITI. Results: The Pain and edema have declined. After discharge, she got definite diagnosis as Rhumatitis Arthritis. But We already estimated it from the results of serum test. So we had treated the patience with TKM and we could explain the prognosis. We regulated the pain and edema successfully at the acute phase. And the patient could take care of herself, she didn't play her disease down as a simple symptoms of parturition. Conclusion: TKM is expected to have positive effects on Rheumatic arthritis with quick onset after parturition.

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EVALUATION OF MINIMUM REVENUE GUARANTEE(MRG) IN BOT PROJECT FINANCE WITH OPTION PRICING THEORY

  • Jae Bum Jun
    • 국제학술발표논문집
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    • The 3th International Conference on Construction Engineering and Project Management
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    • pp.800-807
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    • 2009
  • The limited public funds available for infrastructure projects have led governments to consider private entities' participation in long-term contracts for finance, construction, and operation of these projects to share risks and rewards between the public and the private. Because these projects have complicated risk evolutions, diverse contractual forms for each project member to hedge risks involved in a project are necessary. In light of this, Build-Operate-Transfer(BOT) model is considered as effective to accomplish Public Private Partnerships(PPPs) with a characteristic of an ownership-reversion. In BOT projects, the government has used such an incentive system as minimum revenue guarantee(MRG) agreement to attract the private's participation. Although this agreement turns out critical in success of BOT project, there still exist problematic issues in a financial feasibility analysis since the traditional capital budgeting theory, Net Present Value(NPV) analysis, has failed to evaluate the contingent characteristic of MRG agreement. The purpose of this research is to develop real option model based on option pricing theory so as to provide a theoretical framework in valuing MRG agreement in BOT projects. To understand the applicability of the model, the model is applied to the example of the BOT toll road project and the results are compared with that by NPV analysis. Finally, we found that the impact of the MRG agreement is significant on the project value. Hence, the real option model can help the government establish better BOT policies and the developer make appropriate bidding strategies.

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