• 무역학회지
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• 제44권6호
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• pp.285-302
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• 2019

Good faith is difficult to define due to the facts that there is not an objective and concrete concept of good faith, and good faith in contracts for the international sale of goods is a principle that parties to the contract must act with sincerity as members of a social community. The Korean Supreme Court shall pay attention to setting the applicable standards that can be universally applied to good faith based on the self-established criteria. Through such effort, it is possible not only to realize the value of concrete validity pursued by the general clause of good faith but also to realize the value of legal stability by assuring the predictability of results when applying good faith. In the modern sense, it can be said that the arbitrary application of general rules rather than the escape and general clauses is a problematic situation in the application of good faith, but this problem can be solved by setting a reasonable standard of good faith. This paper studies good faith in the view of Korean law, international laws, and related cases in contract law. The purpose of this paper is to find the problems and solutions of the practical application of good faith by analyzing the Korean case (2009Da86000), which undermined the legal stability of good faith in Korea.

• 무역상무연구
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• 제43권
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• pp.3-23
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• 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.

• 대순사상논총
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• 제22권
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• pp.509-538
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• 2014

This paper analysis Daesoon thoughts of three essence Sung, Kyoung, Sin in the traditional confucianism emphasis in the distinct ethical implications of religious meaning. Daesoon thoughts basically background on the supreme god sangje of religious faith. Here's sangje is as Daesoonjinrihoe religious order of the supreme god, to achieve the human religious daeyeoksa come world ingyeoksin which means gangjeungsan. Thus, Daesunjinri start come world gangjeungsan which is believe sangje, as Tenet. Faith and purpose degree all around having religious denomination, see based on the attitude of religious faith. So Daesunjinri of tenet doctrine that corresponds to the three essence which is Sung, Kyoung, Sin of understand also need to explanation is based on religious attitude. Three essence is three important truth or meaning of three important clause, to possess all the religious attitude of Christian said. Always said to hearty funeral of hearts (誠), the fear of spirits and honor the Emperor(敬), one strong gangjeungsan do not doubt believed that the Emperor(信) is that. Thus in the text, Daesoon thoughts of Sung, Kyoung. Sin as by analyzing the religious dimension, Daesunjinri is to achieve the tenet doctrine. Also shown in 『jenkyoung』 views of the individual religious experience and religious devotion and reverence and faith for the analysis of the arguments presented by the Emperor Daesunjinri faith the transcendence of truth inspires faith or deepen naganeunde would like to contribute.

• 한국콘텐츠학회논문지
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• 제22권6호
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• pp.428-438
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• 2022

본 연구는 약사여래 신앙의 현대적 의미와 신앙적 가치를 고찰하는 데 목적을 두었다. 이에 따라 약사여래에 관한 대표적 문헌인 『약사경』을 비롯해 여러 문헌 자료에 기초해 약사여래 신앙에 대한 이론적 배경에 대해 고찰을 하였고, 뒤이어 약사여래 신앙의 2가지 핵심 지향점인 질병의 치유와 횡사의 구제를 종류 및 유형, 방법으로 구분해 분석 틀을 설정한 뒤 내용 분석을 하였다. 본 연구의 결과로서 약사여래 신앙이 갖는 현대적 의미와 신앙적 가치를 다음과 같이 제시하였다. 먼저 약사여래 신앙이 갖는 현대적 의미이다. 약사여래 신앙은 첫째, 질병이 치료가 아닌 치유의 대상이라는 관점 전환을 촉진한다. 둘째, 약사여래 신앙은 질병을 의학적 질환뿐만 아니라 장애로까지 확대하여 치유의 대상으로 삼는다. 셋째, 약사여래 신앙은 마음의 긍정성을 강화하는 수행을 통해 치유를 도모한다. 다음 약사여래 신앙이 갖는 신앙적 가치이다. 약사여래 신앙은 첫째, 신앙적 수용성이 강력하다. 둘째, 약사여래 신앙은 종교와 종파를 뛰어넘어 현대인에게 수용되고 있다는 특징을 갖고 있다. 이러한 연구 결과를 토대로 본 연구는 질병과 횡사 등으로 일상생활 속에서 고통에 시달리고 있는 현대인들의 삶의 질 증진을 위한 제언을 하였다.

• 무역상무연구
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• 제62권
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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.

• 통상정보연구
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• 제11권1호
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• pp.309-331
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• 2009

In 25th April. 2008, the Korea legislature gave advance notice on the Revision Bill of Commercial Law in Insurance Division in partial, one of which is the principle of utmost good faith to be codified in accordance with the effectuation of the Revision Bill enforcement. For this, even though the disclosure duty is not included in the Revision Bill, it should also be discussed in relation to the principle of utmost good faith because it is based upon the principle of utmost good faith and forms a part of utmost good faith. In Marine Insurance industry in Korea, there are the sections and the clauses in relation to the English governing law included in the Policies and the Clauses used in Korea and, also, they still come into effect for the Korea Courts' judgements. So. we, Korea, should carefully pay attention to the trend of English courts' leading case, academic world and insurance industry on the disclosure duty in U.K. This study is thus based upon sections 17 and 18~20 of the Marine Insurance Act 1906 and sections 651, 652 and 655 of Commercial Law in Insurance Division, which appear throughout this work. The objective of this work is to analyse the duty of disclosure on Korean and English Insurance Laws including cases cited in this work, comparing the differences resulted from the analysis of the two countries‘laws and legal cases.

• 무역학회지
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• 제44권2호
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• pp.83-94
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• 2019

Article 17 of the Marine Insurance Act (MIA) states that "A contract of marine insurance is a contract based upon the utmost good faith, and if the utmost good faith be not observed by either party, the contract may be avoided by the other party." In the Carter v. Boehm case, Lord Mansfield was the first to provide a comprehensive description of the duty of utmost good faith, which is analyzed here. This judgement not only laid the foundation for the Modern English Insurance Act, but it also influenced the draft of the English Insurance Act of 2015, which aimed at correcting distortions that occurred during the application of statue law and common law thereafter. The duty of utmost good faith, applied between Lord Mansfield's insured and insurer presents the context of information asymmetry of the insured and insurer entering contracts. In the absence of information asymmetry, in contrast to the effects of being in both sides of the duty of utmost good faith, alleviating the duty of disclosure of the insured, and it is also clear that the warning of the severity of the retrospective avoidance of the breach of duty of disclosure and the need for its limited application have already been pointed out. Furthermore, considering the principle of retrospective avoidance, the duty of utmost good faith should be understood as a concept limited to the duty of disclosure before a contract is concluded

• 기독교교육논총
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• 제70권
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• pp.175-206
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• 2022

본 연구에서는 유아 신앙에 관한 이해를 확장하기 위해 질적, 양적자료를 함께 수집하고 분석하는 혼합연구 방법을 사용하였다. 우선 18명의 연구참여자와 면담한 내용을 범주로 나누고 범주가 도출된 빈도를 계산하였다. 면담에서 언급된 내용을 75개 서술문으로 만들어 중요도를 5점 평정척도로 평가받음으로 유아기 신앙에서 더 중요하거나 덜 중요한 개념을 발견하였으며, 탐색적 요인분석을 통해 하위요인을 발견하였다. 면담에서 빈번하게 언급된 범주는 어려움 가운데 발현되는 믿음, 종교적 행위, 가정에서의 신앙교육, 교회에서의 신앙교육, 하나님을 향한 사랑과 믿음, 기독교 세계관(정체성) 확립 순이었다. 높은 점수를 받은 서술문은 하나님에 대한 인식, 신학적 개념, 종교적 행위, 가정의 신앙교육, 교회의 신앙교육에 포함되는 내용이었다. 반면 발달상 나타나기 어렵거나 추상적인 내용, 말씀에 기초한 가치 판단과 갈등 해결, 복음 전도에 관한 서술문은 낮은 점수를 받았다. 요인분석을 통해 추출된 하위요인은 가정과 교회를 통한 신앙교육, 하나님에 대한 인식과 종교적 행위, 복음에 기초한 정체성, 복음에 기초한 성품, 신앙에 기초한 위기 극복이었다. 결론적으로, 유아기 신앙에 관한 혼합연구의 결과는 다양한 방법을 활용했음에도 하나님과의 관계, 종교적 행위, 기독교 세계관(정체성), 가정의 신앙교육, 교회의 신앙교육, 믿음을 통한 위기 극복 등으로 거의 유사하게 나타났다. 본 연구의 결과는 유아기 신앙교육에서 무엇을 어떻게 가르칠 것인가에 관한 아이디어를 제시하였다는데 의의가 있다.

• 무역상무연구
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• 제14권
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• pp.103-152
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• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.

• 한국초등상담교육학회:학술대회논문집
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• 한국초등상담교육학회 2004년도 학술대회
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• pp.223-245
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• 2004

The purpose of this study was to investigate the differences in depression, irrational faith and the school adaptation of elementary school students by their sex and region, to provide basic materials to teach children with the likelihood to be depressed by analyzing the correlation of depression, irrational faith and school adaptation, and help them to have healthy emotion and behaviors. To achieve these goals, following agenda were set. First, what are the differences in the depression, the irrational faith and the school adaptation of elementary school students by their sex and region? Second, what is the relationship between the depression characteristics and the irrational faith of elementary school students? Third, what is the relationship between the irrational faith and the school adaptation of elementary school students? Fourth, what is the relationship between the depression characteristics and school adaptation of elementary school students? : To resolve these agenda, the subjects were selected from Grade 6 students from the elementary schools locatec in Suwon and Hwaseong. The jubjects were selected from the two schools in Suwon and three schools in Hwaseong which were randomly chosen. The subjects were 670 in total. 70 insincere answers were excluded from the analysis. Therefore the subjects used in the analysis were 600 in total(150 male and female students in city respectively and 150 male and female students in rural area respectively). The tools used for this study were Children's Depression Inventory (CDI), Irrational Faith Test (over-self-reliance, dichotomy, determinism, over-concern, evasive faith, over dependent faith), School Adaptation Test (Attitudes to teachers and school environments, hobbies and specialties, academic achievements, peer relationship). Materials were processed with the SPSS program for ANOVA and correlation analysis. All the statistical values were verified at .05 level. The followings are the results of the analysis of the collected data. First, in the analysis of depression, there was significant difference between male and female students (F=4.75, p<.05). Female students (X =56.93) showed a little higher value than male students (X =53.83). There was significant difference between regions (F=13.02, p<.001), too. Rural area students (X =57.93) showed higher value than city area students (X =52.82). When analyzing irrational faith, there was significant difference between male and female students (F=S.60, p<.05). Female students (X =81.32) showed a little higher value than male students (X =77.72). There was no significant difference according to regions. When analyzing the school adaptation, there was no significant difference according to either sex or region. Second, depression and irrational faith showed highly positive correlations in all areas. In particular, over concern and evasive faith showed the highest correlation with depression inclination (r=.68, p<.001). When looking into the results by sex and by region, female students (r=.70, p<.001) and the rural area students (r=.69, p<.001) showed higher correlation between depression and irrational faith than male students and city area students (r=.63, p<.001). Additionally, in all areas including by sex and by region, a positive correlation was shown. In all variables such as male students (r=.63, p<.001), female students (r=.72, p<.001), city area students (r=.66, p<.001), and rural area students (r=.69, p<.001), over concern and evasive faith showed the highest correlation with depression inclinations. Third, irrational faith (overall) and its sub factors such as over-self-reliance, dichotomy, determinism, over-concern and evasive faith had significant negative correlations with school adaptation (overall) and its sub factors in the scope of $r=-.27{\sim}-.52$. Determinism out of the sub factors of the irrational faith had the highest negative correlation with school adaptation (overall) and sub factors at the scope of $r=-.37{\sim}-.51$. However, over-self-reliance showed the negative correlation with school adaptation (overall) and its sub factors only partially. When looking into the results by gender, both genders showed significant negative correlation between irrational faith (overall) and its sub factors with school adaptation. Male students showed highly negative correlations with school adaptation (overall) and its sub factors in determinism ($r=-.35{\sim}-52$) and over-concern and evasive faith($r=-.31{\sim}-.51$), and fern ale students showed in over-self-reliance ($r=-.27{\sim}-.45$). However over-self-reliance showed negative correlation with school adaptation and its sub factors only partially. When looking into by region, both city and rural areas showed significant negative correlation between irrational faith (overall) and it sub factors, and school adaptation. Rural areas showed higher negative correlation in irrational faith (overall) ($r=-.39{\sim}-.53$) and over-self-reliance ($r=-.32{\sim}-.44$) and dichotomy ($r=-.28{\sim}-.39$) than city areas. However over-self-reliance showed negative correlation with school adaptation and its sub factors only partially. Fourth, depression and school adaptation showed the negative correlation in all areas. In particular, academic achievements and peer relationship showed the highest negative correlation with depression (r=-.53 p<.001). When looking into the results by sex and by region, female students (r=-.62, p<.001) and rural area students (r=-.61, p<.001) showed higher negative correlation with depression and school adaptation than female students (r=-.56, p<.001) and city area students (r=-.57, p<.001). Although there was negative correlation in all areas by sex and by region, male students (r=-.52, p<.001) and rural area students (r=-.56, p<.001) showed the highest negative correlation in peer relationship and female students (r=-.57, p<.001) and city area students (r=-.56, p<.001) showed the highest negative correlation in academic records. Based on the results of the study, it is proposed to provide elementary school students sho are likely to be depressed very easily with careful counselling and teaching based on the attention and love in school fields so that they can adapt themselves to home, school and society with positive and reasonable thinking.