• Title/Summary/Keyword: Electronic

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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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The Some Problems and Improvement Scheme of Electronic Certification System in International Electronic Commerce (전자무역에서 전자인증제도의 문제점과 개선방안)

  • Oh, Hyon-Sok
    • International Commerce and Information Review
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    • v.6 no.2
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    • pp.85-105
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    • 2004
  • International electronic commerce is different with international commerce in the aspect using electronic media and non-face transaction so there are some problems as authentication, integrity and non-reputation. These problems of electronic document and signature are resolved from electronic certification system. To introduce and develop the electronic certification in the international electronic commerce, it needs to authorize and operate certification authority under the uniform regulation base. But, because the laws and guidelines that related to electronic certification system are different among the nations and international organizations, it needs to compare each nation's law or guideline. In conclusion, to resolve problems of certification and develop certification system in the international electronic commerce, we make uniform rule of international electronic certification and harmonize the technology of electronic certification.

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Electronic Discovery in International Arbitration -Focusing on the Establishment of Rules Regarding Electronic Discovery- (국제중재에서의 전자증거개시 -전자증거개시를 규율하는 규정의 제정을 중심으로-)

  • Ahn, Jeong-Hye
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.67-90
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    • 2010
  • Electronic discovery refers to the discovery of electronically stored information. The differences between producing paper documents and electronic information can be categorized into seven groups: massive volume, persistence, dynamic and changeable contents, metadata, environment-dependence, dispersion and searchability. Since these differences make the discovery more expensive and less expeditious, it is necessary to limit the scope of discovery. Accordingly, a number of arbitration institutions have already introduced rules, guidelines or protocols on electronic discovery. ICDR guidelines take a minimal approach and address only the proper form of electronic document. CIArb Protocol is intended to act as a checklist for discovery of electronic data. CPR Protocol offers four modes of discovery of electronic documents ranging from minimal to extensive among which the parties may choose the way of electronic discovery. IBA Rules on Evidence and ICC Rules are silent on the issue of electronic discovery, however, working parties of the ICC are considering updates to the rules to deal with electronic discovery. It is disputed whether rules, guidelines or protocols on electronic discovery is necessary or appropriate. Although some have suggested that existing rules can make adequate provision for electronic discovery, it is more desirable to prepare new rules, guidelines or protocols to make arbitrators and counsels be familiar with electronic discovery process, to provide an adequate standard for electronic discovery and to limit the time and cost of electronic discovery. Such rules on electronic discovery should include provisions regarding the form of electronic document production, conference between parties regarding electronic discovery, keyword search, bearing the expenses to reduce disputes over electronic discovery.

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Interpretation and Application of Time and Place of Dispatch and Receipt of Electronic Records in Electronic Transactions (전자거래에서 전자기록 송수신 시기 및 장소의 해석과 적용)

  • Kang, Won-Jin;Lee, Chang-Sook
    • International Commerce and Information Review
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    • v.9 no.3
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    • pp.287-304
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    • 2007
  • Determination of the time and place of dispatch and receipt of electronic messages is an important element of the operation of many rules of law, particularly the timing of formation of the contract. In this paper, I reviewed interpretation and application of time and place of dispatch and receipt of electronic records in electronic transactions under the UNCITRAL(United Nations Commission on International Trade Law) Model Law on Electronic Commerce, USA Uniform Electronic Transactions Act and Korea Electronic Transactions Act. Time of dispatch and time of receipt are effective when received. The sender has the burden to prove that the electronic record is sent successfully to the information process system of the recipient. Therefore, to safety electronic transactions, the sender needs to request a confirm notice for receipt to the recipient when the electronic record is sent like the provisions of UNCITRAL Model Law on Electronic Commerce and Korea Electronic Transactions Act. By requesting the above, the sender is able to take precautionary measures for damage according to the failure of dispatch and receipt of the electronic records.

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Transfer of Right and Negotiability of the Electronic Bill of Lading in Electronic Trade Transactions (전자무역거래에서 전자식 선화증권의 권리이전과 유통에 관한 고찰)

  • Jo, Sang-Hyeon;Kang, Won-Jin
    • International Commerce and Information Review
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    • v.10 no.2
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    • pp.23-43
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    • 2008
  • Requirement of facilitating electronic trade transactions and efforts to platform on the electronic trade in major countries are link to the interest of Bill of Lading, the major transportation document, to be electronic, namely interest in Electronic Bill of Lading. Regardless of the benefits from replacing paper based Bill of Lading to the electronic form, which are eliminating of the Crisis of Bill of Lading and cost saving of international trade community, it has not been successful so far. Among the three functions of Bill of Lading, evidence of contracts and receipt of goods can be easily transferable to the electronic form. However the most important function, Document of Title, became the hardest work to replicate in electronic form. The purpose of this paper is to clarify what kind of conditions shall be prepared to ensure the transfer of right and negotiability of the Electronic Bill of Lading and propose to ensure the use of electronic bill of lading and its transfer of right and negotiability in the era of the electronic transactions.

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A Study on theoretical framework of Electronic Trade (전자무역의 이론적 프레임워크에 관한 연구)

  • Jung, Jae-Woo;Hong, Yeong-Sun
    • International Commerce and Information Review
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    • v.8 no.1
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    • pp.143-163
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    • 2006
  • The terms electronic trade, electronic trading and electronic commerce are often used interchangeably, and refer to trading transactions conducted using electronic media. Electronic trade is business-to-business transactions in an industrial context, while electronic commerce refers to retailing and the consumer sector as well as mass marketing. The Electronic trade process is defined as a flow of information (documents) exchanged between enterprises and trade-related firms (shipping companies, foreign exchange banks, forwarders, etc.) in the course of implementing a series of export and import procedures. Electronic trading systems exploit information technology to improve the efficiency of communications and/or to alter the nature of inter-organizational transactions. Many studies exist about the adoption of inter-organizational systems (IOS) and electronic data interchange (EDI), but few focus on electronic trade. The literature on exporting companies's electronic trade adoption and implementation, although extensive, consists mainly of exploratory studies focusing on technological characteristics such as barriers, benefits and usage. The purpose of this study is to broaden this perspective by investigating the environmental, organizational and technological drivers of business-to-business e-commerce adoption.

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A Study on the Roles and Revision of eUCP for Global Electronic Trading (글로벌 전자무역의 실현을 위한 eUCP의 역할과 개정방안)

  • Choi, Seok-Beom;Hong, Sung-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.105-134
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    • 2002
  • In the Spring of 2000, the Banking Commission of the ICC decided to appoint a working group to draft a supplement to the UCP 500 to clarify the position regarding electronic presentation under a documentary credit. Provisions was drafted to supplement its existing rules for documentary credit, that is, UCP 500. These new provisions known as Supplement to UCP 500 for Electronic Presentation was approved by the ICC Banking Commission at the beginning of November 2001 and came in force as of 1 April 2002 The eUCP covers matters such as definitions of key terms such as electronic record, electronic signature, format, paper document, received. An eUCP Credit must specify the formats in which electronic records are to be presented and if not, electronic records may be presented in any format. Electronic records may be presented separately and need not be presented at the same time. The purpose of this paper is to understand the main substance of eUCP and to facilitate the introduction of electronic letter of credit by studying the problems and revision of eUCP and new electronic UCP. The main substances of eUCP are electronic address as place for presentation of electronic records, flexibility of the formats of electronic records to be presented, endowment of the notice of completeness of presentation to the beneficiary, one electronic record satisfying one or more originals or copies of an electronic record, the electronic records to be examined including the electronic record at the hyperlink to an external system or the referenced system, no remark as to the time period for the examination of documents. The Roles of eUCP are the Promotion of the Electronic Trade, the Supply of Basis on the Uniform Rules for Electronic Letter of Credit, the introduction of Electronic Trade Model. The characteristics of eUCP are a supplement to the UCP, no address of any issues relating to the issuance or advice of Credit electronically, independence of specific technologies and developing electronic commerce system, that is, Bolero Service. The Problems of eUCP are flexibility of format of electronic record, heavy burden on the side of banks, and the problems regrading the number of presentation, the notice of completeness of presentation, no provision in regard to the time to examine the electronic records, and representation of the electronic records. In the revision of eUCP to resolve the problems, the things to be taken into consideration are as follows; the designation of the format allowing the banks to examine electronically, prohibition of the paper documents, the development of the system receiving the electronic records, the addition of the reception notice on the side of the banks, the setting of the time to examine the electronic records, the construction of the backup system or the dual processing system.

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A Study on the Electronic Money's present situation & after development direction at Electronic Commerce's times (EC시대(時代) 전자화폐(電子貨幣)의 현황(現況)과 향후(向後) 개발방향(開發方向)에 관한 소고(小考))

  • Park, Young-Tae
    • International Commerce and Information Review
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    • v.1 no.1
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    • pp.227-251
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    • 1999
  • The realization of the Internet and Electronic Commerce through the progress development of the information & communication has changed the transition of the financial settlement system all of the world. And Electronic Commerce has becoming the most important tools to decide the value from the real money, existing bills, coins to the Electronic Money. Electronic Money is very useful materials with Electronic Wallet at cyber times in the future. So that reason, I studied Electronic Money's present situation & after development direction in Korea. And the purpose of this paper is to introduce Electronic Money's modem definition and to analysis the common use situation, operation at home and abroad at Electronic Commerce times. In add to investigated advanced countries Electronic Money utilization and drawed out current events point. So I suggest to this like point, in honour of Electronic Money's common use in Korea. First to establish universality. Second, to make various terminals and the powerful networking structure. Third, to establish stability. Fourth, renovating the system goes side by side. Futhermore, to develop Electronic Money's, it is necessary to make skilled labour and to learn foreign advanced technology.

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Ripple Effects of Electronic Games and Evolution of Electronic Game Platforms

  • Eun, Kwang-Ha
    • International Journal of Contents
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    • v.6 no.1
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    • pp.20-25
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    • 2010
  • This paper discusses an academic study on electronic games and their incredibly vast and rapid growth over the years. It specifically addresses the evolution of electronic games from the 1960s to today, the ripple effects of electronic games, and the development of electronic game platforms. In terms of scope, the study first describes the ripple effects of the emergence of electronic games in chronological order and from the "immersion" and "convergence" perspectives, and then explores the evolution of electronic game platforms such as arcade machines, video consoles, personal computers, and mobile game devices.