• 발명특허
• /
• v.24 no.3 s.276
• /
• pp.36-41
• /
• 1999

지난호의 영업비밀 침해행위의 유형 중 '나. 부정취득과 관련한 사후적 악의자의 유형 (제2조 제6호)'에 이어 이번호에서는 4번째 유형에 해당하는 '신의칙 위반 유형(제2조 제7호)에 대해서 설명하기로 한다.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
• /
• v.6 no.7
• /
• pp.17-26
• /
• 2016

Information spill was occurred several times in the country due to the negligence of the large internet service providers including SK Communications, Auction, KT. In order to judge the Internet Service Provider(ISP)'s liability in individual data spill caused by hacking, the violation of existing legislation or general principle of law's good faith principle has to be examined. However, based on current ISP's good faith principle, there is no objective standard for judging liability. Such uncertain range of protection action duty based on good faith principle generates complaint toward companies, therefore presentation of objective judgement range index on how to determine this range is needed. However due to the legal characteristic of above-mentioned law, it is not possible to fix the range of protection action duty and regulate it on law. In order to resolve this, rather than concerning simply on legal system level, fusion approach method is needed. Thus, this research will discuss the measure for objective standard for predicting ISP's range of protection action duty through fusion view dividing in technical, legal and administrative aspects.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.43
• /
• pp.3-23
• /
• 2009

The meaning of Good faith is honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled. The term is applied to all kinds of transactions. According to the CISG only regulated Art. 7. that is in the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade (1) and questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law (2). In the other hand PICC is related to the good faith and fair dealing, each party must act in accordance with good faith and fair dealing in international trade (1) and the parties may not exclude or limit this duty (2). Good faith of PECL is these principles should be interpreted and developed in accordance with their purposes. In particular, regard should be had to the need to promote good faith and fair dealing, certainty in contractual relationships and uniformity of application. Further more regarding to the good faith and fair dealing, same to the PICC regulations.

• The Korean Journal of Air & Space Law and Policy
• /
• v.27 no.2
• /
• pp.143-166
• /
• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• Journal of Sasang Constitutional Medicine
• /
• v.11 no.1
• /
• pp.25-40
• /
• 1999

View of Lee Je-ma's "Hyung Sang" is one of the methods of classification of Constitution. In this study, I studied the "Hyung Sang" as medical histologically, and get the results as follow; 1. "The book of changes" is classified to the sciences of divination of "Sang-Soo", which is consisted with "Sang (image)" and "Soo (number)", and "Wae-Ri", which explained the meaning of a divination sign as "nature" or virtue of divination sign. 2. Lee Je-ma is accepted the concepts of science of divination of "Wae-Ri" based on Confucianism in the discription of "The book of changes". And also he established the new "Sasang Constitutional Medicine" theory based on the "Joung-Young". 3. "The book of changes" is discribed phenomena as "Sang" and "Soo" involving "Three elements", which are heaven, earth, and individual, and "Yin-Yang". Lee Je-ma accepted the concept of "Sang" in science of divination of "Sang-Soo" and established the "Four elements", which are affairs, mind, body, and objects, constituting "Three elements". 4. In the method of "Sasang" type classifying, Lee Je-ma used "Four elements", which attach importance to structure and function of human body rather than "Yin-Yang", which explain relatively.

• Culinary science and hospitality research
• /
• v.19 no.5
• /
• pp.264-279
• /
• 2013

This study aimed to analyze the differences between the types of disputes in food service franchises and the relevant corporate information. For this aim, the types of disputes were analyzed on the basis of the cases reported by the Korea Fair Trade Commission, and whether there are any differences from the relevant corporate information was analyzed using SPSS WIN(V.17.0). According to analysis results, the most often seen types of disputes were failure to provide the information disclosure sheet (58.5%) and failure to deposit franchising fee (15.1%). In Kruskal-Wallis test between the type of disputes and related corporate information variables, significant difference was found under significance level p<.05 for sales volume, the establishment period and the number of franchisees, and under p<.1 for the number of full-time employees. In correlation coefficient, the establishment period, the number of full-time employees and the number of franchisees showed positive correlation(p<.05), and the number of full-time employees showed correlation in the number of franchisees and the number of brands under the significance level p<.05. As a solution for the dispute, there should be franchisors' responsibility to comply with the principle of good faith, the authorities' strengthening exemplary transaction criteria and legal systems, as well as experts' consulting for prospective franchisees prior to establishing business.

• The Korean Society of Law and Medicine
• /
• v.23 no.4
• /
• pp.133-170
• /
• 2022

Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.