• International Commerce and Information Review
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• v.12 no.4
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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.

• 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.

• International Commerce and Information Review
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• v.11 no.2
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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.

• Journal of Korea Port Economic Association
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• v.19 no.1
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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.

• Convergence Security Journal
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• v.8 no.4
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• pp.9-19
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• 2008

By e-Financial Transactions Act enacted in January 2007, the financial institutions are responsible for indemnifying user's damage to ensuring security of the electronic financial transactions and to protecting financial users when suffering from electronic financial accidents. However, when occurring unauthorized financial transactions or electronic financial accidents by user's moral hazard, it is difficult to determine where the accidents happened at and whether caused by the intention or gross negligence of users. To protecting financial parties and ensuring the security and reliability of electronic financial transactions, this paper attempts to propose the means, what enhance the notification process about financial transactions and to strengthen IT regulatory compliance by using area information about electronic financial transactions, to protect risk of the financial accidents.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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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.

• Management & Information Systems Review
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• v.12
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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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.

• 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.

• Convergence Security Journal
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• v.23 no.1
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• pp.9-17
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• 2023

Due to COVID-19, the concept of Zero Trust, a safe security in a non-face-to-face environment due to telecomm uting, is drawing attention. U.S. President Biden emphasized the introduction of Zero Trust in an executive order to improve national cybersecurity in May 2021, and Zero Trust is a global trend. However, the most difficulty in introd ucing new technologies such as Zero Trust in Korea is excessive regulation of cloud and network separation, which is based on the boundary security model, but is limited to not reflecting all new information protection controls due to non-face-to-face environments. In particular, in order for the government's policy to ease network separation to b ecome an effective policy, the zero trust name culture is essential. Therefore, this paper aims to study legal improve ments that reflect the concept of zero trust under the Electronic Financial Transactions Act.