• Proceedings of the Korean Society for Information Management Conference
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• 2002.08a
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• pp.89-97
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• 2002

정보사회의 새로운 유형인 "컴퓨터정보"(computer information)를 계약의 객체로 삼는 무체물(intangibles)의 거래에 적용되는 법은 아직까지는 명확하지 않다. 즉, 컴퓨터정보가 수반되는 무체물의 라이센스거래에 있어서는 그 거래객체가 유형의 물품이 아닌 무형의 지적재산이라는 점에서 기존의 거래에 있어 중심이 되어 온 물품매매와는 다른 법제적인 접근이 필요한 바, NCCUSL에서 UCITA을 제정하였다. UCITA는 "컴퓨터정보거래에 관한 상계약법전"이며, "컴퓨터정보"가 수반되는 새로운 유형의 거래를 규정하기 위한 법안으로 계약을 다루는 법이지 재산권을 다루는 법은 아니다. 이러한 UCITA에 대응하는 우리 국내법은 없다. 따라서 본고에서는 향후 급증할 것으로 예상되는 컴퓨터정보거래에서 법률관계의 안전성·예측가능성의 제고 측면에서 가칭 "전자정보거래법"의 입법에 앞서 몇 가지 시사점을 제시하고자 한다.

• Journal of Digital Convergence
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• v.10 no.11
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• pp.691-699
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• 2012

"Information", which is circulated in society by information technology development represented by computer, has brought innovation not only to physical civilization, but also deep into our daily lives. This is to say that information has brought fundamental change to its form of existence, and value system through being faster regarding the circulation and the way of management being diverse. As time goes by, this kind of change would stimulate more changes to be made as the development of scientific civilization. Therefore, informatization is one of the important characteristic that defines modern society's essence, but on the other side, information has been taken advantage of that temperament and abused in a lot of different ways. "The Law Regarding Computer Network Diffusion Expansion and Usage Promotion"(1986), as a counterplan of informatization is our nation's first Act about informatization, which enacts national policy and system about this issue. Since then, many laws has been enacted down to "Private Information Protection Act"(2011), forming a comprehensive system. The basic background of these laws are based upon the premise that even if the place where the information is managed is virtual space, rules that are considered valid in the real world should be basically applied in the virtual space. Therefore, the violation of the law in the real world is also considered the violation in the virtual space. This direction of current law regarding information is shared with both the theories and the reality. However, current law system and notion are based upon the premise that the law regards material objects, thus the characteristic of the information, which is "Immaterial Being" is not reflected. Also, the management and approach to this issue is allopathic, exposing many problems. Thus, this paper examines the way of protecting information stipulated in the current law, contemplates its protection scope and limitation, and seeks the direction of the improvement, based on the critical mind explained above.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.145-167
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• 2007

Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.