• English & American cultural studies
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• v.9 no.1
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• pp.27-50
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• 2009

Henry James tries to describe minutely in The Wings of the Dove the process in which a bad faith grows, is practiced in one's self, and spreads to a society. Through this fictional specificity, he embodies an analogy between a bad faith and social role-playing. That is, he shows, through the main characters such as Milly Theale and Merton Densher, how self interacts with the other and a society. In this interaction, there is some essential element, namely, an organic relationship between a self identity and a social role-model, which James describes very meticulously. Therefore, the characters are depicted as seeking to define self identity and eventually distorting it. Thus, The Wings of the Dove can be seen as a tragedy in which the characters who have this wrongly distorted self identity come to experience its effects. The distorted self identity appears to function as a social role. Milly distorts her true self identity by internalizing a dove-image for it. This results in a bad faith. Moreover, the American girl Milly utilizes it as a convenient social role-model which makes it easy for her to interact and engage with the others in the European society. Merton also evades adventurous and painful self-reflection and self-criticism by sticking to the mannerisms of gentlemanship and imitates the sublimity which Milly shows him. Thus, Milly and Merton clearly omit self-inspection and self-inquiry for the contact between a free self and a society, which is essential to obtain social objectivity, namely, intersubjectivity.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.167-187
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• 2007

As Korea has reached a free trade agreement with the United States of America, it is required to provide an appropriate procedure to ".kr" domain name disputes based on the principles established in the Uniform Domain Name Dispute Resolution Policy(UDRP). Currently, Internet address Dispute Resolution Committee(IDRC) established under Article 16 of the Act on Internet Address Resources provides the dispute resolution proceedings to resolve ".kr" domain name disputes. While the IDRC's proceeding is similar to the UDRP administrative proceeding in procedural aspects, the Domain Name Dispute Mediation Policy that is established by the IDRC and that applies to disputes involving ".kr" domain names is very different from the UDRP for generic Top Level Domain (gTLD) in substantial aspects. Under the Korea-U.S. Free Trade Agreement(KORUS FTA), it is expected that either the Domain Name Dispute Mediation Policy to be amended to adopt the UDRP or the IDRC to examine the Domain Name Dispute Mediation Policy in order to harmonize it with the principles established in the UDRP. It is a common practice of cybersquatters to warehouse a number of domain names without any active use of these domain names after their registration. The Domain Name Dispute Mediation Policy provides that the complainant may request to transfer or delete the registration of the disputed domain name if the registrant registered, holds or uses the disputed domain name in bad faith. This provision lifts the complainant's burden of proof to show the respondent's bad faith because the complainant is only required to prove one of the three bad faiths which are registration in bad faith, holding in bad faith, or use in bad faith. The aforementioned resolution procedure is different from the UDRP regime which requires the complainant, in compliance with paragraph 4(b) of the UDRP, to prove that the disputed domain name has been registered in bad faith and is being used in bad faith. Therefore, the complainant carries heavy burden of proof under the UDRP. The IDRC should deny the complaint if the respondent has legitimate rights or interests in the domain names. Under the UDRP, the complainant must show that the respondent has no rights or legitimate interests in the disputed domain name. The UDRP sets out three illustrative circumstances, any one of which if proved by the respondent, shall be evidence of the respondent's rights to or legitimate interests in the domain name. As the Domain Name Dispute Mediation Policy provides only a general provision regarding the respondent's legitimate rights or interests, the respondent can be placed in a very week foundation to be protected under the Policy. It is therefore recommended for the IDRC to adopt the three UDRP circumstances to guide how the respondent can demonstrate his/her legitimate rights or interests in the disputed domain name. In accordance with the KORUS FTA, the Korean Government is required to provide online publication to a reliable and accurate database of contact information concerning domain name registrants. Cybersquatters often provide inaccurate contact information or willfully conceal their identity to avoid objection by trademark owners. It may cause unnecessary and unwarranted delay of the administrative proceedings. The respondent may loss the opportunity to assert his/her rights or legitimate interests in the domain name due to inability to submit the response effectively and timely. The respondent could breach a registration agreement with a registrar which requires the registrant to submit and update accurate contact information. The respondent who is reluctant to disclose his/her contact information on the Internet citing for privacy rights and protection. This is however debatable as the respondent may use the proxy registration service provided by the registrar to protect the respondent's privacy.

• Journal of Information Technology Services
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• v.13 no.3
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• pp.129-148
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• 2014

Generally, the Internet Address Resources Act is intended to protect the public from acts of Internet "cybersquatting", a term used to describe the bad faith, abusive registration of Internet domain names. In determining whether a person has a bad faith intent, a court may consider factors such as, (1) the trademark or other intellectual property rights of the person, if any, in the domain name, (2) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person, (3) the person's prior use, if any, of the domain name in connection with the bona fide offering of any goods or services, (4) the person's bona fide noncommercial or fair use of the mark in a site accessible under the domain name, (5) the person's intent to divert consumers from the mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site, (6) the person's offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person's prior conduct indicating a pattern of such conduct.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.135-178
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• 2014

The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.

• The Journal of the Korea Contents Association
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• v.22 no.8
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• pp.392-402
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• 2022

The purpose of this study is to examine the protection of third parties of the transactions made by the representative director without resolution adopted by the board of directors. The legal effect of a transaction conducted by a representative director without board resolution in violation of internal restriction or statutory restriction is at issue. The Supreme Court of Korea('SCK') made a new ruling that revised the prior case law(Supreme Court en banc Decision 2015Da45451, Feb. 18, 2021). The SCK in the subject case proclaimed a legal doctrine that 'a third party acting in good faith' shall be protected according to Article 389(3) and 209(2) of the Korean Commercial Act, except that 'a third party with gross negligence' is considered as 'a person acting in bad faith' and thus is excluded from protection. The subject case law can be evaluated as broadening the scope of protection of the third party. In addition, the subject case is meaningful in that it is balance with the related SCK ruling, which considered a third party with gross negligence as a person acting in bad faith while protecting a third party with ordinary negligence in the case of transactions involving apparent representative directors, etc.

• Journal of Korean Philosophical Society
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• v.147
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• pp.117-146
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• 2018

This paper discusses, whether religion is possible even in the age of artificial intelligence, and whether humans alone are the subject of religious faith or ultra intelligent machines with human minds can be also subjects of faith. In order for ultra intelligent machines to be subjects of faith in the same conditions as humans, they must be able to have unique characteristics such as emotion, will, and self-consciousness. With the advent of ultra intelligent machines with the same level of cognitive and emotional abilities as human beings, the religious actions of artificial intelligence will be inevitable. The ultra intelligent machines after 'singularity' will go beyond the subject of religious belief and reign as God who can rule humans, nature and the world. This is also the common view of Morabeck, Kurzweil and Harari. Leonhart also reminds us that technological advances should make us used to the fact that we are now 'gods'. But we fear we may face distopia despite the general affluence of the 'Star Trec' economy. For this reason, even if a man says he has learned the religious truth, one can't help but wonder if it is true. Kant and Bloch are thinkers who critically reflected on our religious ideals and highest concept in different world-view premises. Kant's concept of God as 'idea of pure reason' and 'postulate of practical reason', can seem like a 'god of gap' as Jesse Bering said earlier. Kant recognized the need for religious faith only on a strict basis of moral necessity. The subjects of religious faith should always strive to do the moral good, but such efforts themselves were not enough to reach perfection and so postulated immortality of the soul. But if an ultra intelligent machines that has emerged above a singularity is given a new status in an intellectual explosion, it can reach its morality by blocking evil tendencies and by the infinite evolution of super intelligence. So it will no longer need Kant's 'Postulate for continuous progress towards greater goodness', 'Postulate for divine grace' and 'Postulate for infinite expansion of the kingdom of God on earth.' Artificial intelligence robots would not necessarily consider religious performance in the Kant's meaning, and therefore religion will also have to be abolished. Ernst Bloch transforms Kant's postulate to be Persian dualism. Therefore, in Bloch, even though the ultra intelligent machines is a divine being, one must critically ask whether it is a wicked or a good God. Artificial intelligence experts warn that ultra intellectual machine as Pandora's gift will bring disaster to mankind. In the Kant's Matrix, a ultra intelligent machines, which is the completion of morality and God itself, may fall into a bad god in Bloch's Matrix. Therefore, despite the myth of singularity, we still believe that ultra intelligent machines, whether as God leads us to the completion of one of our only religious beliefs, or as bad god to the collapse of mankind through complete denial of existence.

• Proceedings of the IEEK Conference
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• 2002.07b
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• pp.830-833
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• 2002

To solve the internal security problem such as human error and bad faith, the automation of computer system management is significant. For this purpose, we focus attention in the automation of Mail Delivery Service. Today, requirement for reliable mail delivery system becomes larger and larger. However, existing systems are too strict about their configuration. Hence, we propose the method based on Reinforcement Learning (RL) to achieve proper MX record ordering. A measure on validity of the design of system, such as network topology number of servers and so on, is also obtained as side benefit. In order to verify the usability of the presented method, we did on a small model of mail delivery system. As a result, we show that RL is available for determination of the proper MX record ordering. Additionally, we suggest that it is also available for comparing validity of setting of MTA and the network design.

• English & American cultural studies
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• v.18 no.3
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• pp.31-63
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• 2018

The purpose of this paper is to investigate the attitudes and practices of life demanded for authentic existence in adversity, focusing on Toni Morrison's Home which was published in 2012. Home portrays the journey of Frank Money, an African-American veteran of the Korean War who strives to extricate his sister Cee from inhumane violence. Through this work, Morrison criticizes prevalent racism in the 1950s which is regarded as a time of affluence and peace through this sibling's agony. In this paper, firstly I attempt to examine the aspects of racism which Frank and Cee face and their distorted survival strategies. Secondly I try to find the right direction of brother and sister relationship based on Frank and Cee who are compared to Hansel and Gretel. Thirdly I try to point out the importance of self-reflection required for the healing process of Frank and Cee who overcome adversity and restore their identity with the help of Samaritans. And I investigate the possibility of ethical practice going beyond my family to strangers.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.111-180
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• 2009

According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.10 no.6
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• pp.1380-1388
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• 2009

The purpose of this study was to examine the professionalism of estheticians in gusan and jeonju city, jeollabuckdo province. Total 290 questionnaires were collected. The period of research was from april 1 to 20, 2009. The findings of the study were as follows: First, when their professionalism was checked in light of the selected variables, their age, education and work years at current job made no statistically significant differences, but that was different according to life satisfaction and job satisfaction. By life satisfaction, the estheticians who found their lives satisfactory professionalism better than the others who didn't(t=2.77, p<.01) By job satisfaction, the estheticians who were contented with their job took the most positive professionalism, and those who found their job just not to be bad looked at it less positively than the others who were discontented(F=6.06, p<.01). Second, when the correlation of their professionalism of the sub-factors was investigated, there was a statistically significantly positive correlation among faith in autonomy(r=.595, p<.001), use of professional organization(r=.428, p<.001) and sense of mission(r=.492, p<.001). Their faith in services(r=-.634, p<.001) had a statistically significantly negative correlation to faith in self-control(r=-.485, p<.001).