• THE INTERNATIONAL COMMERCE & LAW REVIEW
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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.

• Journal of Information Technology Services
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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.

• Journal of the Korean Society of School Health
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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.

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

Background: The author investigated the structural theory of the mind, the origin of psychopathology, the resolving stage of the psychopathology, and nature of the true mind in the human mind. Methods: The author reviewed the "Awakening of Faith in the Mah$\bar{a}$y$\bar{a}$na" by Mamyung and "The Commentary on the Treatise of Awakening Mah$\bar{a}$y$\bar{a}$na Faith" and "Expository Notes on the Treatise of Awakening Mah$\bar{a}$y$\bar{a}$na Faith" by Wonhyo. Results: The author of the Treatise insisted on believing the true mind in the human being. Also in the treatise, $\bar{A}$layavijn$\bar{a}$na explained the harmonized mind of the true mind and the ignorant mind. The ignorant mind as the source of fundamental ignorance, which results in peripheral ignorance arising from the ego in relation with the external world Also, he explains the origin of ignorance and encourages to abandon the deep attachment to ignorance. The developing and resolving stages of ignorance are similar to the developing and resolving stage of psychopathology. Conclusion: The author insists on the psychiatric application of the mind theory in the "Awakening of Faith in the Mah$\bar{a}$y$\bar{a}$na", "The Commentary on the Treatise of Awakening Mah$\bar{a}$y$\bar{a}$na Faith", and "Expository Notes on the Treatise of Awakening Mah$\bar{a}$y$\bar{a}$na Faith" Also, the author encourages deep faith of the true human mind.

• Journal of Arbitration Studies
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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.

• Korean Journal of Human Ecology
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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.

• Journal of Engineering Education Research
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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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.

• Journal of the Korean Society of Clothing and Textiles
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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.

• The Journal of the Society of Korean Medicine Diagnostics
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• 제16권1호
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• pp.1-8
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• 2012

Objectives Although the faith that pulse diagnosis via a thread, namely "Xuanxizhenmai", had been applied to some women in royal families, is widely spread in East Asian countries, but it is still controversial that whether this faith is based on historical facts or just originated from some folk tales. So we provided some reasonable clues to interpret that faith. Methods The digitalized Annals of Joseon Dynasty and Twenty Five Books of Chinese History were used for historical example search. Conventional internet search engines are widely used for investigation of other examples and related interpretations. Additionally, a pilot observation with nylon threads and optical vibration detection devices was performed to confirm it's feasibility. Results Although there are a few evidences supporting Xuanxizhenmai's existence in Qing dynasty, no evidence was found to show it's existence in authoritative annals of Korea and China. The pilot observation showed that in optimal environment, some intense arterial pulse could be propagated dozens of centimeter, but it was not applicable to clinical needs. Conclusions Pulse propagation via a thread was proved to be reproducible within limited extents, but pulse diagnosis via a thread, namely Xuanxizhenmai, seem to have never been used for proper clinical purpose.