• 통상정보연구
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• 제12권4호
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• pp.405-427
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• 2010

This legal study is to compare the Electronic Transactions Act in Thailand(hereinafter 'ETA') with mainly other countries electronic transactions acts, such as UNCITRAL MLEC, UECIC, VETA, UCITA and Korea' Electronic Transactions Act The ETA is consisted of 6 chapters which included preamble and definitions. Each chapter's main point as follows. Preamble is related to the name, time of legal effect, scope and definitions. Chapter 1 is not only general principles of electronic transactions, required restriction in addition to specify the limit of application, documentation, evidential weight in reference to the data message, but also the conditions of offer and acceptance through data message, time and place of dispatch and receipt of data message, certification between origination and addressee. According to media-neutrality and the effectiveness security requirement of data message under the information system, legal certification is related to the exchange's declaration of intention, define about origination-addressee of data message. Chapter 2 is composed to provide expressly about the effectiveness security in electronic signature. Those contents are to compare the MLEC, UECIC and Electronic Transactions Act in Korea. Chapter 3 is related to legal definitions that present legal requirement about service relating electronic transaction which contents accept domestic law, the adequate requirement as eligibility, satisfied matter, self-reliance ratio of finance and other detail standard Chapter 4 is deal with the transaction which are public sector and those application requirements. And also this chapter are composed regulations about direct-indirect purpose of Thailand domestic electronic government.

• 통상정보연구
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• 제9권3호
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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.

• 통상정보연구
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• 제11권2호
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• pp.233-257
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• 2009

The 21st century is witnessing the explosive increase in the usage of internet and international electronic transactions. Due to the unique characteristics of the electronic information, substantial part of such transaction can and do take the form of cross-border transactions. However, there have not been settled appropriate set of rules applicable to the international electronic transactions. Currently, in respect to e-L/C transactions in international trade, there are laws such as Electronic Transaction Basic Act in our country, E-Trade Promotion Act, E-Signature Law, Act on Promotion of Information and Communication Network Utilization and Information Protection and Marine Charter 5 in the Commercial Law. Nevertheless, a complete legislation, that is a uniform rule for e L/C which could support e L/C transactions fully hasn't been established yet. Accordingly, those laws concerned need to improve to regulate e-L/C transactions. The purpose of this paper is to look into the national status for law readjustment to prepare for a new electronic environment and to use appropriately the e-L/C issued by electronic means, and to conduct a comparative analysis on the related regulations to introduce a pertinent laws and propose related regulations to contribute to the making of effective laws to regulate e-L/C.

• 한국항만경제학회지
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• 제19권1호
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• pp.223-245
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• 2003

As a rapid development of electronic commerce transactions in these days, the security and private protection problems became more important matters under the electronic transaction base. Because electronic transaction using electronic documents be carried without direct person to person meeting, there can be the possibility to use other's identity illegally without notice, and very hard to verify authenticity of transaction as well. In addition, it is very hard to find out that the electronic documents on the process of submitting is forged documents or not, and also have much difficulty in maintaining transmitting secret. Therefore, to solve such problems on electronic commerce transactions and electronic documents, the digital signature and certification system with cryptography skill is inevitably necessary. As the wide use of digital signature together with beginning of digital government and financial transaction, not only the issuance of electronic certification, but certification market came to gradually expand. In Korea, after enacting digital signature act in 1999, the act contents were expanded to the wide range of contents complying with global standards from the end of 2001 to April, 2002, including the new clause of certification problems. And the act was put into operation now. Therefore, in this paper, we'd like to suggest development scheme through the investigation on electronic certification related problems, such as, concepts, procedures, service conditions here and abroad.

• 융합보안논문지
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• 제8권4호
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• pp.9-19
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• 2008

2007년 1월 시행된 전자금융거래법에서는 전자금융거래의 안전성과 금융소비자 보호를 위하여 전자금융사고 발생시 금융회사에 무과실책임을 부여하였다. 그러나 금융범죄자에 의한 무권한 금융거래 또는 금융소비자의 도덕적 해이에 따른 금융거래가 발생하였을 경우, 사고 원인을 파악하거나 금융소비자의 고의 중과실 여부를 판단하기 어려운 정보의 비대칭 현상이 발생한다. 이와 같은 금융사고 위험을 예방 또는 차단하기 위하여 금융거래정보 통보제도의 개선과 금융거래 장소정보를 활용한 IT 컴플라이언스 기능을 강화함으로써 금융소비자를 보호할 수 있는 방안을 제시하고자 한다.

• 무역상무연구
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• 제20권
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• pp.495-522
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• 2003

As a rapid development of electronic commerce transactions in these days, the security and private protection problems became more important matters under the electronic transaction base. Because electronic transaction using electronic documents be carried without direct person to person meeting, there can be the possibility to use other's identity illegally without notice, and very hard to verify authenticity of transaction as well. In addition, it is very hard to find out that the electronic documents on the process of submitting is forged documents or not, and also have much difficulty in maintaining transmitting secret. Therefore, to solve such problems on electronic commerce transactions and electronic documents, the digital signature and certification system with cryptography skill is inevitably necessary. As the wide use of digital signature together with beginning of digital government and financial transaction, not only the issuance of electronic certification, but certification market came to gradually expand. In Korea, after enacting digital signature act in 1999, the act contents were expanded to the wide range of contents complying with global standards from the end of 2001 to April, 2002, including the new clause of certification problems. And the act was put into operation now. Therefore, in this paper, we'd like to suggest development scheme through the investigation on electronic certification related problems, such as, concepts, procedures, service conditions here and abroad.

• 경영과정보연구
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• 제12권
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• pp.1-15
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• 2003

As a rapid development of electronic commerce transactions in these days, the security and private protection problems became more important matters under the electronic transaction base. Because electronic transaction using electronic documents be carried without direct person to person meeting, there can be the possibility to use other's identity illegally without notice, and very hard to verify authenticity of transaction as well. In addition, it is very hard to find out that the electronic documents on the process of submitting is forged documents or not, and also have much difficulty in maintaining transmitting secret. Therefore, to solve such problems on electronic commerce transactions and electronic documents, the digital signature and certification system with cryptography skill is inevitably necessary. As the wide use of digital signature together with beginning of digital government and financial transaction, not only the issuance of electronic certification, but certification market came to gradually expand. In Korea, after enacting digital signature act in 1999, the act contents were expanded to the wide range of contents complying with global standards from the end of 2001 to April, 2002, including the new clause of certification problems. And the act was put into operation now. Therefore, in this paper, we'd like to suggest development scheme through the investigation on electronic certification related problems, such as, concepts, procedures, service conditions here and abroad.

• 무역상무연구
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• 제15권
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• pp.59-87
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• 2001

In recent years electronic fund transfers covered by the Electronic Fund Transfer Act 1978 for consumer protection and the Article 4A of Uniform Commercial Code(U.C.C.) 1989 for wholesale electronic payments in United States. Electronic fund transfers carried out by use of a wire transfer network, automated clearing house, or other communication system of a clearing house or other association of banks such as direct deposit, Fedwire, automated teller machine, point-of-sale, and credit card transactions have been increasingly common in consumer transactions and wholesale transactions. Especially, the Article 4A of U.C.C. governs the rights and obligations associated with transactions such as an issue and acceptance of payment order, execution of sender's payment order by receiving bank, and payment. These legal frameworks in connection with electronic fund transfers in United States can play a leading role in establishing model not only within the United States, but also as a basis for developments of electronic commerce law in Korea including other countries.

• 통상정보연구
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• 제6권1호
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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.

• 융합보안논문지
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• 제23권1호
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• pp.9-17
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• 2023

코로나19로 재택근무가 일상이 되면서 비대면 환경에서 안전한 보안인 제로 트러스트 개념이 주목받고 있다. 미국 바이든 대통령은 2021년 5월 국가 사이버보안 개선에 대한 행정명령에서 제로 트러스트 도입을 강조하였으며, 제로 트러스트는 글로벌 트렌드로 자리잡고 있다. 그러나 현재 우리나라에서 제로 트러스트와 같은 신기술 도입·활용에 가장 어려움이 있는 부분은 클라우드 및 망 분리의 과도한 규제로, 이에 대하여 전자금융거래법상 클라우드 및 망 분리 규제 개선이 2023년 시행을 앞두고 있으나 전통적 경계 보안 모델에 기반을 두며, 비대면 환경으로 인한 새로운 정보보호 통제를 모두 반영하지 못하는 한계점을 가지고 있다. 특히, 정부의 망 분리 완화 정책이 실효성이 있는 정책이 되기 위해서는 제로 트러스트 명문화가 필수적이라고 판단된다. 따라서 본 논문에서는 전자금융거래법상 제로 트러스트 개념을 반영하는 법적 개선을 연구하고자 한다.