Some problems of the Electronic Signature and the Electronic Certification

전자서명(電子署名)과 전자인증(電子認證)의 제문제(諸問題)

This article discusses and analyses several issues regarding to the Electronic Signature and the Electronic Certification. The objects of the analyse are the each paragraphs of the Korean Electronic Signature Act of 1999 and that of the Korean Electronic Transaction Basic Act of 1999 in comparing to the paragraphs of the Electronic Signatures in Global and National Commerce Act' (E-Sign) of 2000, U.S.A. and that of the Draft UNCITRAL Model Law on Electronic Signature of 2000. The main issues discussed herein are the scope of the electronic signature, the definition of the electronic signature, permission of services to the non-authorized certification service providers, the effect of the electronic signature, the liability of the concerning parties of the electronic signature including liability of the certification service providers, that of the subscribers and that of the relying parties. This paper also discusses the problems of the possibility of issuing the electronic negotiable commercial papers, the validity of the electronic signatures done by electronic agents, the authority certificate, mutual certification of the foreign certification service providers, the permission of the electronic notary service, the problems of the consumer protection and the possibility of issuing electronic insurance policy, etc. The writer concludes by suggesting some measures that will activate the use of electronic signatures under the korean circumstances.