• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.119-138
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• 2003

ICC(International Chamber of Commerce) developed new rule on the presentation of electronic record in L/C transactions. This rule named as the e-UCP. The gists of this article are on the application of e-UCP in practice and it's some problems. The e-UCP is the supplement of current exisiting UCP but is superior to UCP under some circumstances. The e-UCP is only apply to the presentation of electronic record regardless of type of L/C(for example, traditional paper L/C or electronic L/C). The presentation of electronic record has some problems which has not seen in the presentation of paper document. These peblems are Time, Place of presentation, and format of electronic record and so on. The e-UCP provided on the basis of these problems. However, the e-UCP has some obscure provisions on the examination of electronic record and the corruption of electronic record. Who is responsible for the corruption of electronic record by the virus on the system of bank ? The current e-UCP is not clear on this matter. We have to note followings in case of presenting the documents electronically and applying the e-UCP. First, Beneficiary has additional duty to notice of completion of presentation. Second, It will be increasing the clean NEGO through prompt feedback of the descrepancy at the presenting time. Third, It is no use of L/G(Letter of Guarantee).

• International Commerce and Information Review
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• v.7 no.1
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• pp.283-307
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• 2005

The research was carried out at the electronic Gw-mart located at Gangwon province. The secondary data and the various other reference materials were used for the research. This research brings forth the concrete activation plan for the activation of an electronic market in the Gangwon province. So, the activation plan for an e-market at Gang won can be done in six ways, first result of the undertaken research achieved in six ways- first, concentration has to be laid on the internet portal sites, second, the local sites should be well connected with the shopping mall facilities, third, a trustworthy shopping mall has to be established by maintains the product quality and quantity, fourth, a visible distinction should be made between the various products, fifth, the division of labor must be specified and a provisions should be made for a efficient after service.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.75
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• pp.71-94
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• 2017

The Rotterdam Rules is the first international maritime carriage of goods Convention that acknowledge electronic records of contracts of carriage. The Rules have developed separate chapter in relation to electronic transport records' issuing, transfer, etc. This paper aims to evaluate Rotterdam Rules' contribution to the use of electronic transport records. To achieve the aims firstly this paper have examined the related articles of Rotterdam Rules, Secondly in practical aspects, this paper explores the opportunities and obstacles which could be happened in practical procedures, applicable to transport industry, shipper and holder of electronic transport records. Findings could be summarized as follows, first the Rules shows high acceptability to whom it may involved in transport industry by simplify the contents of the Rules to avoid conflict with each countries' national laws. The Rules acknowledge the functional equivalence between paper and electronic transport records in specific provisions. This could be important development to facilitate the use of electronic transport records. But the Rules have not mentioned liability limit of transport industry when the problems arise from issuing, tele-transmission, transfer of the records. And the secure of the functional equivalence between paper and electronic transport records also could be remained in uncertain regime due to different stance of each national laws.

• Journal of Information Management
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• v.33 no.4
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• pp.57-84
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• 2002

Digital library in knowledge-information-based society of the 21st century should develop legally various digital information resources in order to provide information services to users. This study analyzes and examines in detail the related provisions of copyright law relating to the development of digital information resources(digitalized works, electronic books, electronic journals, electronic reserve materials etc.). This study also points out the problems of the current Copyright Act and proposed Copyright Act of Korea. And it suggests necessary measures and improved plans to promote the development of digital information resources.

• 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.

• Journal of the Korea Society of Computer and Information
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• v.24 no.1
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• pp.217-224
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• 2019

The intelligent robot industry is a complex which encompasses all fields of science and technology, and its marketability and industrial impact are remarkable. Major countries in the world have been strengthening their policies to foster the intelligent robot industry, but discussions on liability issues and legal actions that are accompanied by the related big or small accidents are still insufficient. In this study, therefore, the patent law by artificial intelligence robots and the legislation for relevant legal actions at the criminal law level are presented. Patent law legislation by artificial intelligence robots should comply with the followings. First, the electronic human being other than humans ought to be given legal personality, which is the subject of patent infringement. Even if artificial intelligence has legal personality, legal responsibility will be varied depending on the judgment of whether the accident has occurred due to the malfunction of the artificial intelligence itself or due to the human intervention with malicious intention. Second, artificial intelligence as a subject of actors and responsibility should be distinguished strictly; in other words, the injunction is the responsibility of the intelligent robot itself, but the financial repayment is the responsibility of the owner. In the criminal law legislation, regulations for legal punishment of intelligent robot manufacturing companies and manufacturers should be prepared promptly in case of legal violation, by amending the scope of application of Article 47 (Penal Provisions) of the Intelligent Robots Development and Distribution Promotion Act. In this way, joint penal provisions, which can clearly distinguish the responsibilities of the related parties, should be established to contribute to the development of the fourth industrial revolution.

• Journal of Korean Library and Information Science Society
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• v.53 no.2
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• pp.117-136
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• 2022

The purpose of this study is to derive implications by comparing and analyzing the North Korean Library Act both in 1999 and in 2012. In this study, the North Korean Library Act revised in 2012 compared to the previous North Korean Library Act in 1999, and the newly revised, deleted, and newly established items were analyzed by old/new phrase contrast method. While the North Korean Library Act revised in 1999 consisted of a total of 5 chapters and 45 articles, the North Korean Library Act revised in 2012 was reorganized into a total of 6 chapters and 58 articles. The main changes and features are the establishment and modification of provisions related to electronic libraries and electronic publications in accordance with changes in the information service environment, and new provisions related to training of library staff. Based on the analyzed results, the topics and fields that can be discussed in the future, such as mutual exchange of various learning contents for remote education, establishment of an information service cooperation system between South and North libraries, and training specialists on North Korean libraries.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.191-223
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• 2003

Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.235-260
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• 2012

The CMI Rules for Electronic Bills of Lading were based on sound principles that are now reflected in the provisions of the Rotterdam Rules, which provide for the use of electronic equivalents to bills of lading. Services involving bills of lading which exist in electronic form for at least part of their lives, and which use encryption to guarantee integrity and security of these electronic records, are already being offered by a number of carriers, among them APL. The relative success of APL's system demonstrates that the use of a system which embodies the basic ideas and processes underlying the CMI Rules could easily become a practical reality in the near future. The basic principles in the CMI Rules and the Rotterdam Rules adopt a minimum requirements approach and does not flesh out the details of procedures for the use of electronic bills. This is an improvement, as it allows adaptability to future technological developments. Successful electronic bill of lading systems can only be developed in response to customer demand, and carriers are in the best position to gauge this and design systems to cater for it. APL has demonstrated this by creating a system which is tailor-made to its customers' requirements. The CMI Rules were correct in their assumption that electronic bill of lading services should be provided by carriers. They also seem to have anticipated that the switch to the electronic medium would not be sudden and complete, but would require a gradual phasing out of paper documents over a long period of time.