• 무역상무연구
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• 제46권
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• pp.61-104
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• 2010

The purpose of this work aims to analyse the principles of good faith under international transaction with CLOUT and UNILEX cases. Article 7(1) CISG sets the stage for the interpretation by promoting a uniform approach using good faith and the international charter of the convention. In other words, article 7(1) defines the purpose and the principle of interpretation and is applied to the Convention as a whole. As such, it also includes article 7(2), which goes beyond the big picture and settles the problems of gap filling. It is also important to understanding that the mandate of the CISG is to look for a solution, which is not only restricted to interpretation but extends to solving a problem. The problem in this work is to find out how gap filling is achieved and, because of the autonomous mandate of interpretation, to explain and understand its relationship with domestic law. The solution to the interpretation of article 7(2) must be found within the four corners of the CISG. To restate, article 7(2) describes two situations where gap filling is needed. First, if the matter is governed by the Convention but not expressly settled, then a gap must be filled in conformity with general principles on which it is based. Second, if the matter is not covered then the gap must be filled taking domestic law into consideration. There are two reasons why a matter may not be covered by the Convention. First and most obviously, it has been specifically exclude from the sphere of Application by the CISG itself, such as validity in article 4. Second, changes in business methods will lead to gaps. The United Nations has established a service known as CLOUT. This contains abstracts of hundreds of selected decisions of both courts and arbitration tribunals. And UNILEX is cosponsored by the Italian Centre for Comparative and Foreign Law Studies and UNIDROIT Contract Principles. The cases are in abstract format, but, when available, the full text of the case in the original language is also supplied.

• 한국IT서비스학회지
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• 제13권3호
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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.

• 한국학교보건학회지
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• 제24권1호
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• pp.71-80
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• 2011

Purpose: This study was conducted to compare the level of depressive symptom, spiritual well-being and faith maturity between college freshmen and seniors and to investigate the affecting factors on their depressive symptom. Methods: The study was cross-sectional descriptive survey. A self-report questionnaire were used to collect data from 335 college students during June to July, 2010. Data were analyzed by ${\chi}^2$-test, t-test, ANOVA, Scheffe's test, pearson correlation coefficient, and stepwise multiple regression using the SPSS/WIN 14.0 program. Results: The mean score of depressive symptom was $17.55{\pm}11.24$ and prevalence of depression was 26.5% in college freshmen. And those in college seniors were $14.18{\pm}14.17$ and 17.4%. And those were significantly higher in college freshmen than in seniors. The depressive symptom was a significant negative correlation with spiritual well-being, existential spiritual well-being, religious spiritual well-being, and faith maturity. Factors significantly influencing on depression in college freshmen included existential spiritual well-being, subjective health status, age, and confidence of salvation ($R^2$=49.7%). And those in college seniors included existential spiritual well-being and life satisfaction ($R^2$=53.3%). Conclusion: The counseling program and spirituality development program for preventing depression considering these affecting factors for especially college freshmen are necessary.

• 기독교교육논총
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• 제75권
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• pp.153-170
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• 2023

연구 목적 : 본 연구는 분열과 갈등의 시대를 살아가는 현대사회에서 교회와 신앙공동체 구성원들이 갈등을 풀어 갈 수 있는 실천적 방법을 모색하는 것이다. 연구 내용 및 방법 : 먼저 분열과 갈등사회의 현상을 살펴보고, 둘째, 분열과 갈등 회복을 위한 샬롬에 대해 연구하였으며 셋째, 갈등사회를 샬롬으로 풀어나가기 위해 자산기반 지역공동체 발전을 위한 ABCD 이론과 함께 가치를 발견하고 꿈꾸고 실행하고 실천하는 A.I의 4D 사이클 전략을 설정하였다. 넷째, 신앙 공동체의 갈등을 샬롬으로 회복하기 위해 ABCD 이론과 A.I의 4D에 대화와 이야기 도구로 갈등을 관리하고 분열을 최소화하며 샬롬을 회복해 가는 방법을 제시하였다. 결론 및 제언 : 사회와 신앙공동체가 가진 다양한 갈등과 분노를 풀어가고 최소화하려면 진정성 있는 대화와 성령의 도우심으로 샬롬을 이루어가야 한다.

• Journal of Yeungnam Medical Science
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• 제16권2호
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• pp.255-269
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• 1999

본(本) 연구(硏究)는 대승기신론(大乘起信論) 대승기신론설(大乘起信論越) 대승기신론별기(大乘起信論別記) 등의 문헌고찰(文獻敵察)을 한 후, 그 결과를 통하여 궁극적(窮極的) 인간심성(人間心性)의 존재여부(存在與否), 정신병리현상(精神病理現象)의 발생(發生)과 소멸(消滅), 정신구조이론(精神構造理論) 등의 측면(側面)에 대해 정신과학적(精神科學的) 해석(解釋)을 시도하였다. 그 연구(硏究)한 결과(結果)를 요약(要約)하면 다음과 같다. 1. 인간의 마음 속에는 긍정적(肯定的)인 의미(意味)의 근원적(根源的)인 심성(心性)이 진여(眞如) 또는 아여야식(阿黎耶識)이라는 이름의 상태로 존재한다. 2. 생멸(生滅)하는 인간의 현상적(現象的)인 마음은 아여야식(阿黎耶識)으로 설명할 수 있다. 아여야식(阿黎耶識)의 마음에는 불생불멸(不生不滅)의 진여목체(眞如木體)와 생멸(生滅)의 현상(現相)이 비일비이(非一非異)의 관계로 존재하고 있다. 3. 아여야식(阿黎耶識)에는 각(覺)과 불각(不覺)이 있고 각(覺)에는 본각(本覺)과 시각(始覺)의 뜻이 있다. 인격발달과정(人格發達過程)에 따라 시각(始覺)은 다시 불각(不覺), 상사각(相似覺), 수분각(隨分覺), 구경각(究竟覺)의 사단계(四段階)가 있다. 이는 정신병리현상(精神病理現象)의 소멸과정(消滅過程)이라 볼 수 있다. 불각(不覺)은 무명(無明)인 근본불각(根本不覺)과 기말불성(技末不聲)으로 되어있다. 교말불각(校末不覺)에는 삼세육추가 있고 삼세(三細)에는 무명업상(無明業相), 능견상(能見相), 경계상(境界相)이 있으며 육추에는 지상(智相), 상속상(相續相), 집취상(執取想), 계명자상(計名字相), 기업상(起業相), 업계고상(業繫苦相)이 있다. 삼세(三細)와 육추를 정신병리현상(精神病理現象)의 발생과정(發生過程)이라고 볼 수 있다. 4. 마음의 구조이론(構造理論)에서 의(意)는 업식(業識), 전식(轉識)， 현식(現識)， 지식(智識)， 상속식(相續識)으로 나눌 수 있다. 업식(業識), 전식(轉識), 현식(現識)은 아여야식(阿黎耶識)에, 지식(智識)은 제칠식(第七識)에, 상속식(相續識)은 의식(意識)에 해당한다. 5. 양심(梁心)은 집(執) 상응염(相應染), 불단(不斷) 상응염(相應染), 분별지(分別智) 상응염(相應染), 현색(現色) 상응염(相應染), 능견심(能見心) 상응염(相應染), 근본업(根本業) 상응염(相應染) 등으로 나눌 수 있고, 서양(西洋)의 정신치료(情神治療)에서 주로 다루는 단계(段階)는 첫 단계인 집 상응염(相應染)에 해당한다. 6. 훈습(熏習)에는 양법훈습(梁法熏習), 정법훈습(淨法熏習)이 있다. 양법훈습(梁法熏習)에는 무명훈습(無明熏習), 망염훈습(妄念熏習), 망경계훈습(妄境界熏習) 등이 있고, 정법훈습(淨法熏習)에는 망심훈습(妄心熏習), 진여훈습(眞如熏習)이 있다. 양법훈습(梁法黑習)은 정신병리현상(情神病理現象)의 발생과정(發生過程)을 설명해 주며, 정법훈습(淨法熏習)은 정신병리현상(情神病理現象)의 소멸과정(消滅過程)을 설명한다.

• 한국중재학회지:중재연구
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• 제17권2호
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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.

• 한국생활과학회지
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• 제12권4호
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• pp.509-518
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• 2003

Gasa was a surplice of Buddhist monk. It was usually worn in the religious ceremony. Gasa was such a religious cloth that was ruled strongly by Buddha's Commandments, and a kind of cloth that was also reflected by historical, cultural, and ideological factors of each nation. Korean Gasa had various features comparing to the Original Gasa or to that of South Asia which is the birthplace of Buddhism. One of them was 天 王 embroideries that we could find upon the regular square base in the four comers of Korean Gasa. These figures symbolized the Four Devas which were believed guarding Buddhist sanctum. These Devas appeared from the era of the Three Kingdoms when Buddhism imported. Buddhism as a alien religion had been developed through conflicting and fusing with Korean traditional religious characteristics into type of 'Faith to Three Treasures' (Buddha, Buddhist Commandments, Buddhist monk). They believed that embroidering 天 王 figures upon the regular square bases in the four corners were able to protect Buddhist monk by the help of Four Devas. We might say this as a kind of Faith to Buddhist monk.

• 공학교육연구
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• 제20권5호
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• pp.43-49
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• 2017

This paper deals with inter-relationship change of women's university students on the process of SW development project using social collaboration tool. Inter-relationship is one of the basic vocational competency in NCS(National Competency Standards) of Korea. We redesigned the curriculum of "Software Engineering" subject for this study and composed the project teams of students to develop software. The details of inter-relationship are satisfaction, communication, faith, friendliness, sensitivity, openness and consideration. From the result of this study, faith, openness and consideration have positive effect but satisfaction, communication, friendliness and sensitivity have no meaningful effect. The surveys were conducted in the beginning of semester and the same surveys were conducted again in the end of semester. The results were verified by paired t-test with SPSS 18.0. It is significant that the using of social collaboration tool for team project has positive effect on inter-relationship change, especially faith of women's university students. This study has some limitations for generalization but has meaning as new trial to enlarge the basic vocational competency of students in major subject, "Software Engineering". We expect new study for inter-relationship change of students to evaluate generality based on the proposed method in this paper.

• 무역상무연구
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• 제53권
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• pp.207-229
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• 2012

In IP 7 and LCCP 201, Law Commission considers the insured's duty of good faith after the formation of the contract. This article intends to review and analyse the legal implications of proposals in IP 7 and LCCP 201. The results of analysis are following. First, Law Commission propose to end the remedy of avoidance under MIA 1906 section 17, because avoidance of past claims is unprincipled, impractical and unnecessarily harsh. Secondly, LC proposes that an insured who makes a fraudulent claim should forfeit the whole claim which the fraud relates, but that the fraud should not invalidate previous and legitimate claims. Thirdly, LC proposes to introduce a statutory right for the insurer to claim damages for the reasonable, foreseeable costs of investigate a fraudulent claim in specific circumstances and that damages would be limited to those cases where the insurer can show an actual, net loss. Finally, LC provisionally propose that an express fraud clause should be upheld in business insurance, whereas in consumer insurance, any term which purports to give the insurer greater rights in relation to fraudulent claims that those set out in statute would be of no effect.

• 한국의류학회지
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• 제16권2호
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• pp.189-195
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• 1992

Buddhism as one of alien thoughts has been developed conflicting and fusing with Korean Cultural bases. From these fusion process Korean Kasa (i.e, sacerdotal robe for Buddhist monk) also came into possession of different features from original Kasa which Buddhist Command- ment regulates or Kasa of South Asia which is the birthplace of Buddhism. 1. Original kasa was Pamsukula (i.e., a shabby, abandoned, muddy cloth), which did not permit special ornament or luxurious materal. However, we can find splendid colors, letters and embroideries in Korean Kasa. 2. These phenomenon originated from Three Treasures Faith, that is to say, the faith for three treasures, such as Buddha, Buddhist Commandment and Buddhist monk, which was formed by the fusion of Buddhism and conventional Shamanism. 3. Such letters as 천(Heaven), 왕(God). 영(om) stand for what shaped Guardian Deities protecting buddhist Sanctum. 4. The rmbroideries of three-legged bird, such as rabbit and toad, which symbolyze 일(sun) and 월(moon) stand for what shaped conventional divinities. 5. After Kasa possessing originally practical significance, such as Kasa Charity, was penetrated into Korea, it became the object of faith, possessing symbolical significance in addition.