earticle

영어

ICANN approved its Uniform Domain Name Dispute Resolution Policy(UDRP) on October 24, 1999. Since December 1999 when the first decision was made under the UDRP, there have been more than 6,000 UDRP proceedings and more than 110,000 domain names have been the subject matters of the dispute. In one sense, therefore, the UDRP proceeding has been very successful in resolving domain name disputes around the world. However, there have been arguments against the fairness of the UDRP procedure. According to the analysis of statistics on UDRP decisions, around 80 percent of the respondents have lost the case. In particular, when the responds defaulted, they lost almost all of the case. It has been argued that the UDRP procedure offers some advantages to the complainant. Korea needs to pay great attention to the issues on the substantial and the procedural unfairness of UDRP since many Koreans have been parties, in particular respondents, to a UDRP procedure. Furthermore, many Koreans, almost all of Korean respondents have lost the case. Therefore, Korea needs to fix the problem. This paper offers some suggestions for Korea's strategies to fix the problem. It further suggests that Korea reflect its interest on the formation of new international rules.