• Title/Summary/Keyword: E-commerce Law

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The Historical Development of Consumer Protection

  • Alharthi, Saud Hamoud
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.392-398
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    • 2022
  • Consumers are continually in need of protection both locally and globally. The importance of providing consumer protection stems from the fact that the consumer represents the weaker party in the contractual process. This research focuses on examining the extent to which Saudi Law guarantees the protection of consumers using e-commerce from the expected legal problems such as antifraud locally and globally.

Meta Analysis of International Commerce and Information Review (통상정보연구 메타분석)

  • Lee, Hohyung
    • International Commerce and Information Review
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    • v.19 no.2
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    • pp.259-273
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    • 2017
  • This study is a meta-analysis of the articles published over the last 18 years from the first edition of the "International Commerce and Information Review" to December 2016. 1047 papers were published in "International Commerce and Information Review" until 2016. Many articles appeared in the order of electronic trade field, product and service innovation field, regional trade information field, trade law system field, and trade negotiation field. There are more than 15 major fields of authors who have published more than 20 papers."International Commerce and Information Review" is a multi-disciplinary journal by scholars in various major fields. Most of the authors belong to universities and the proportion of papers that receive research grants is 19.7%. 46 authors have published more than 5 papers in "International Commerce and Information Review", and their H-index is 5.6. Influence Index (IF) of the "International Commerce and Information Review" in 2016 is 1.02. The main keywords of the papers published in "International Commerce and Information Review" are e-commerce, Internet, service trade, China, e-trade, Korean Wave, FTA, SME and foreign direct investment.

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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))

  • Choi, June-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.15
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    • pp.211-238
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    • 2001
  • 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.

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E-로지스틱스의 발달과 3PL 기업의 글로벌 네트웍 구축전략

  • Lee, Heon-Su
    • 한국무역상무학회:학술대회논문집
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    • 2002.12a
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    • pp.135-154
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    • 2002
  • 본 연구는 e-logistics의 전망과 제공하는 기회 분석, e-logistics 활성화를 위한 핵심성공요인 및 물류산업에 대한 요구사항 도출, e-logistics 전략 대안 분석, 정보기술과 물류의 결합 대안제시, 글로벌 e-logistics 네트웍 모델 제시 등을 목적으로 수행되었다. 위와 같은 연구목적을 달성하기 위해 e-logistics와 전통적인 물류와의 비교분석과 기업들과 현행 시스템에 대한 사례분석 결과가 활용되었다.

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A Study on the strategic points(6C) of e-Port in KwangYang Port (e-CRM을 위한 광양항(光陽港)의 e-Port화(化) 전략요소(戰略要素)(6C)에 대한 연구(硏究))

  • Choi, Heung-Seob
    • International Commerce and Information Review
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    • v.3 no.1
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    • pp.139-155
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    • 2001
  • The managing strategies of each enterprise has been fundamentally changed due to the emergence of digital economics by using the internet. Therefore it is indispensable for each enterprise to be changed their business strategies. With a view to meeting the change of new economic paradigm, they are efforting to build a infrastructure for information and communication, induce foreign capital, reconsider their conditions of location, draw the law concerned and reinforce education for experts etc. In consideration of these change, the KwangYang port have to introduce e-Business for the purpose of increasing the level of their competition. We - our government, the companies - concerned with port management should recognize and use efficiently our core competence and potentiality of our port management. To achieve it, firstly port industries are to handle not only international logistic system but also communication, finance and sightseeing. Secondly, the developed off-line system have to be harmonizing with the on-line. Therefore, this paper are focused to suggest the theoretic background by analyzing the strategic points of e-port which are divided in 6C - Contents, Community, Connection, Commerce, Communication and Customization.

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A Study on the Adoption of Electronic Contract Service (전자계약서비스의 문제점과 해결방안)

  • Choi, Seok-Beom;Kim, Tae-Hwan;Kim, In-Kyung;Kim, Jae-Hak;Park, Sun-Young;Yoon, Young-Rim
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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    • pp.157-185
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    • 2007
  • The purpose of this thesis is to contribute to the activation of e-contract service for one stop e-trade by analyzing the problems and its solutions in e-contract service at home and abroad. In order to achieve the purpose of this thesis, case studies are done on e-contract service providers such as CECTRUST service of NTT DATA in Japan and HanCM.com of Haansoft in Korea and user companies such as Taisei Corporation using CECTRUST service and Hyundai Card using HanCM.com. The problems in the e-contract service are the lack of e-contract service providers, rare publicity of e-contract service, limited use of e-contract service at only home, higher pricing for e-contract service, short time management of e-contract documents by service providers, no application of newly developed security technology to e-contract service, unsatisfaction of requirements of e-contract service provider as trusted third party, absence of lower pricing e-contract service by service provider, authorizing key error in electronic signature under recognized authentication system in case of fail in renewal of digital certificate and reproduction of digital certificate. The solutions of these problems are the upbringing of e-contract service providers, broad publicity of e-contract service, development of e-contract service on a global basis, establishment of lower pricing for e-contract service, long time management of e-contract documents by service providers, application of newly developed security technology such as bio technology to e-contract service, satisfaction of requirements of e-contract service provider as trusted third party by designation of recognized e-document repository, development of lower e-contract service by way of application service provider(ASP), introduction of time stamping of e-contract document and signature key value. The limitation of this thesis is that the problems and its solutions could not meet with the broad recognition as they are conferred by intuition because of few e-contract service provider.

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The characteristics of the ISP 98 and the comparison of the ISP 98 and the UCP 600 (ISP98의 특성과 UCP600과의 비교연구)

  • Park, Sae-Woon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.41
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    • pp.51-78
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    • 2009
  • The ISP 98 is developed by the American Institute of International Banking Law & Practice in 1998. The ISP98 are also published as ICC Publication No. 590. A detailed commentary on the rules("The Official Commentary on the International Standby Practice") has been written by Professor James E. Byrnes. Presently there is no compelling reason to revise the rules themselves even if ten years is passed since the issuance of ISP98. Insteadthe American Institute of International Banking Law & Practice will provide Model Forms in the early 2009. Special features of the ISP 98 are as the following. Firstly, the ISP 98 is copyrighted by the Institute of International Banking Law and Practice, Inc., and published by the International Chamber of Commerce. Secondly, the ISP 98 differs from UCP in style and approach because it must receive acceptance not only from bankers and merchants, but also from a broader range of those actively involved in standby law and practice corporate treasurees and credit manager, rating agencies, government agencies and regulators, and indenture trustees as well as their counsel. Because standbys are often intended to be available in the event of disputes or applicant insovency, their texts are subject to a degree of scrutiny not encountered in the commercial letter of credit context. Thirdly, the ISP 98 supplement the UCP if the UCP dose not have the relative rule. Lastly, the ISP 98 has the official commentary. In addition, several provision of the ISP 98 would surprise the commercial parties and/or are rather peculiar, while some of them display a certain bias in favor of the banks.

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A Review on Needs and Related Law of Authorized Electronic Data Depot for the Diffusion in the Use of Electronic Document (전자문서 이용확산을 위한 공인 전자문서보관소의 도입 필요성과 입법내용)

  • Kim, Sun-Kwang
    • International Commerce and Information Review
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    • v.6 no.1
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    • pp.191-210
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    • 2004
  • There are increasing needs for an individual or enterprise to interchange documents electronically through communication network to enhance the efficiency of business, owing to rapid process of transactions. But e-commerce encounters the problems regarding the handling the electronic documents, that is to say, deposit and proof of the electronic documents. This paper deals with Authorized Electronic Data Depot as an integrated system for processing, relaying and proving documents that. Authorized Electronic Data Depot operates as e-enabler in exchanging documents in trust among administrative agencies and a comprehensive government directory, digital government seal certification system and DNS system. Authorized Electronic Data Depot leads public and private sectors to save the paper-related costs. But the regulations concerning an authorized electronic data depot is introduced in the course of revision of Electronic Transactions Act. The purpose of this paper is to suggest some guidelines in legalizing the authorized electronic data depot.

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A Study on Digitization of Sea Transport Document - Focusing on ESS-Databridge - (해상운송서류 전자화에 관한 소고 - ESS-Databridge를 중심으로 -)

  • LIM, Sung-Chul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.65
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    • pp.95-116
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    • 2015
  • So far several attempts have been made to digitalizing sea transport documents. Three notable examples are SeaDocs, Bolero, e-B/L Korea and Ess-Databridge. Ess-Databridge was established in 2003, with the aim of promoting the use of electronic alternative to shipping documents. The ESS-Databridge system was piloted from 2005 and went live in January 2010. The ESS-Databridge operates under a private legal outline, the Databridge Services and Users Agreement (DSUA). In the Ess-Databridge system, only the user who is in control of the original bill of lading will be able to indorse it on to another user. Once the indorsement is effected and unless the indorsee decide store turn the documents, the indorser loses control and retains access only to an electronic document marked 'copy' for its records. A feature that appears to have been crucial to the success of the CargoDocs service is that visually, e-B/Ls produced using ESS-Databridge appear identical to the paper documents. The ESS-Databridge may be even more successful if the legislators take certain steps that will increase uniformity and certainty in electronic transport documentation.

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A Comparative Study on The Applicability of Governing Law under Documentary Credits (화환신용장(貨換信用狀)의 준거법선정(準據法選定)과 적용(適用)에 관한 비교연구(比較硏究))

  • Kim, Jong-Chill
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.461-494
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    • 1999
  • This study is to analyse the applicability of governing law in multi-party contractual relationship of letter of credit. And this study is also to suggest the limits of the possibility of applicable law in multi-party contract. The contract of letter of credit constitutes complex relationship, i.e., applicant -beneficiary, applicant-issuing bank, issuing bank-intermediary bank ect. The law applicable to letter of credit should not use a singular governing law in all credit transaction as sales contract. To solve these problems, the author analysed the law applicable to the credit under multi-party contractual relationship as follow : (1) the principle of party autonomy (2) In the absence of express agreement with regard to the law applicable to the contract, lex loci contractus, lex loci solutionis, the law intended by the parties, the law with which contract is most closely connected. Accordingly, when attempting to ascertain the law governing the credit, it should be borne in mind that the credit involves several contractual relationships. I would like to conclude as follows: 1. The contract between the applicant and the Issuing bank is to be governed by the law of the country where the contract is made, and in which the bank carries on business and has issued the credit. 2. When it comes to the beneficiary-Intermediary bank relationship the following rule is given : The liability of an intermediary bank to the seller is governed by the law the country where the intermediary bank is operating if it is acting as principal. If, however, it is acting as agent(advising bank), it will be the law of the country where his principal is situate. 3. The contract between the beneficiary and the Issuing bank is governed by the law of the country where the payment is to be performed. 4. The contract between the Issuing bank and Intermediary bank is governed by 1) the law of the issuing bank is applicable if the intermediary bank only advises the credit, 2) the law of the issuing bank is applicable but if the intermediary bank makes payment, accepts or negotiates drafts against the tender of the documents, i.e., act as the bank dffecting the payment., 3) the law of the confirming bank is applicable if the irrevocable letter of credit is confirmed by the intermediary bank

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