• 정보학연구
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• 제5권3호
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• pp.137-156
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• 2002

전자상거래에 관련된 국제적 논의는 OECD 등을 중심으로 이루어져 왔지만 최근에는 WTO의 역할이 부각되고 있으며, WTO에서 전자상거래의 논의는 주로 국제무역 관련 이슈들을 중심으로 이루어지고 있다. 하지만 여전히 전자상거래의 분류문제, 서비스의 분류, 관세부과, 공급모드, 지적재산권 문제 등 해결해야 될 문제들이 여전히 남아 있다. 이에 따라 우리도 전자상거래 관련 규정들을 마련하고 있으나 국제적으로 적용하기에는 한계가 있어 이를 발전시키고 활성화하기 위한 법제도 마련과 전략이 요구된다.

• 통상정보연구
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• 제6권2호
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• pp.243-263
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• 2004

Recently, International electronic commerce has been rapidly increasing. Over the past decade, e-commerce on the business foundation of the Internet compound has entered extensive areas of international trade and social activity. This paper focuses on the system establishment of customs duties of import goods in Global e-Commerce. Today, USA, EU and some major countries, International Organization insisted to Tariff-free woe in customs duty. This study also will discuss the effect of imposition of import duties. In order to impose customs duties, it needs to establish a system scheme, especially, because international payment of BtoC Commerce occur by the Credit Card. This study deals with Customs duties of import goods in Global e-Commerce.

• 정보학연구
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• 제7권1호
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• pp.23-41
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• 2004

전자상거래와 전자무역은 시간과 공간을 초월하는 사이버세계에서 수행되기 때문에 전통적인 상거래방식에 의하여 적용되는 법률과 제도만으로는 새로운 형태의 e-비즈니스 환경에 적용하기 어렵다. 따라서 전자게약, 운송서류의 전자문서화, 전자결제 등에 이용하기에는 많은 문제점을 해결하기 위하여 WTO, OECD, UNCITRAL, APEC, 국제상업회의소(ICC) 등과 같은 국제기구에서 전자상거래 활성화를 위한 방안을 모색하고 있다. 그 중에서 대표적인 것이 전자상거래에 관한 UNCITRAL모델법과 미국의 통일전자거래법(UETA) 및 통일컴퓨터정보거래법(UCITA) 등이 있다. 이와 같은 상황하에서 국제적으로 전자계약 관련 국제규범의 정립, 전자식 운송서류의 활성화 및 글로벌 전자결제시스템 개발 등이 이루어져야 하며, 국내적으로도 전자계약법제의 도입, 디지털재화와 관련된 거래법 제정, 전자유각증권의 발행과 유통과 관련된 법률제정 및 전자자금이체법의 제정 등이 이루어져야 할 것이다.

• 통상정보연구
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• 제9권1호
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• pp.297-312
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• 2007

The GUIDEC I was published in November 1997 by the International Chamber of Commerce (ICC) and then the GUIDEC was published in October 2000 in the name of GUIDEC II. The GUIDEC II is the next version of GUIDEC I. This paper examines the electronic authentication and certification practices under GUIDEC II in detail. Therefore, this paper can help parties concerned to understand electronic authentication and certification practices of electronic commerce. GUIDEC II maintains the content of GUIDEC I, but GUIDEC II adds some new definitions such as authenticating a message and explains the rights and responsibility of subscribers, certifiers, and relying parties in detail. The aim of the GUIDEC II is to enhance the ability of international business community to execute trustworthy digital transactions utilizing legal principles that promote reliable digital authentication and certification practice.

• 무역상무연구
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• 제13권
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• pp.805-833
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• 2000

Electronic commerce facilitates trade and lower transaction cost can help firms make use of the opportunities of globalization of production and markets. Electronic commerce has broad implications for future trade. These implications include the effect on trade policy making and enforcement. And it is important to ensure that the present and future trading system de jure and de facto allows electronic commerce to realize its potentials as an alternative or a complement to conventional trade. The comprehensive work program had been implemented to examine all trade-related issues relating to global electronic commerce before the Seattle 3rd Ministerial Conference which was suspended. In general, Member countries recognized the need to ensure that electronic commerce in all its forms is conducted in full conformity with WTO principles and rules. But, there are still major issues to be solved such as access to relevant electronic systems, competition policy in telecomnunications services, WTO provisions relating to the protection of IPRs, the clarification of a number of key concepts and definitions, etc.

• 무역상무연구
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• 제47권
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• pp.213-237
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• 2010

The purpose of this paper is to analysis the legal aspects of e-commerce, particularly those relate to electronic contract, in China On 23 November 2005, the United Nations General Assembly adopted a Convention on the Use of Electronic Communications in International Contracts, known popularly as the Electronic Communications Convention. China signed it but the convention is not binding yet as it still requires the ratification by three states. On the other hand, China adopted a new act legalizing the electronic signature in 2004. This new act provides electronic signatures with the same legal status as handwritten signatures. But the efficiencies that business hopes to achieve through electronic commerce are not completely reflected in the legal processes necessary to support those hopes.

• 무역상무연구
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• 제14권
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• pp.397-426
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• 2000

Since the internet is open to public in 1990, electronic commerce(EC) user has increase rapidly. Now EC is considered not only as communication method but also as new economical activities. EC is a kind of new commerce model which uses electronic means. And EC has global characteristics so that many country's legislation which regulates it differently makes an obstacle to vital of EC. The purpose of this study is to examine legal problems of internet electronic commerce. First, there are some legal problems whether electronic document has same legal function like traditional documents. Second, electronic signature must has authenticity, integrity, non-repudiation, writing and confidentiality in order to use looks like common signature. Finally, electronic contract is concluded on principle of mutual agreement. It is apparent that the concept of arrival is applied to the date and place in conclusion of electronic contract.

• 통상정보연구
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• 제5권2호
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• pp.207-225
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• 2003

The purpose of this study is to examine the legal aspects on the formation of international contract in electronic commerce. The findings could be summarized as follows. rug, the contract doctrine of the contract formation by electronic data message, time of dispatch and receipt of data message, error in electronic communication, contract form and electronic signature could be supported or protected by the existing contract doctrine. Second, In relation to the contract formation arranged by electronic agents, the established contract doctrine provides no clear answer to the question whether changes provided by the interaction of electronic agents are enforceable. The enforceability question is left to future legislation. Finally, It is necessary that a significant level of formality together with the disclosure on the contract formality by certain act be conveyed 10 a potential buyer so that the buyer is impressed that the contact by the certain act could be valid.

• 경영과정보연구
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• 제10권
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• pp.117-133
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• 2002

In December 1999, the AICPA introduced WebTrust, a electronic commerce assurance service of ensuring safe trading on the web, in order to effect consumer confidence into electronic commerce. Shortly afterwards, CPA associations of other advanced nations, such as Canada, Australia, also adopted this service. This study focuses on introduction of electronic commerce assurance service of ensuring safe trading on the web. WebTrust assurance service expected to be the international standard in electronic commerce in the near future and not only as a source of income for domestic accounting firms, which have simpler income structure than the international counterparts, but also as catalyst for stimulating electronic commerce. The findings of the study are expected to contribute to accounting practice, academy of accounting and electronic commerce firms in the following ways. Domestically, as Korea is considering using the electronic commerce assurance service, this study will help promote adoption of WebTrust assurance service. This study has shown, in the midst of declining income of accounting firms by audit, a way to increase their audit boundary.

• 무역상무연구
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• 제20권
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• pp.467-493
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• 2003

There are situations in e-commerce that are altogether new and to which the existing rules cannot apply. The uncertainty and business risk is too high for trading partners to deal with certainty. Therefore existing law must be changed to e-commerce law so that it provides certainty and enforceability in the e-commerce. Legal rules applying to the commerce and international commerce, in particular, contracts, proper law, jurisdiction and so on, have improved with time and experience. It has been found that the problems arising in the context of e-contracting were due to the absence of experience in electronic contracting and an absence of knowledge on how best to solve the problems. Thus, UNCITRAL Working Group on Electronic Commerce held an extensive discussion on issues related to electronic contracting and prepared and revised the Preliminary Draft Convention on International Contracts Concluded or Evidenced by Data Message from the thirty-ninth session in 2002 and prepared the Draft Convention from forty-first session which applies to international contracts concluded or evidenced by means of data messages. An electronic contract is concluded when the acceptance of an offer becomes effective, and an offer becomes effective when it is received by the offeree, and an acceptance of an offer becomes effective when the indication of assent is received by the offeror according to this Convention. Electronic contract may be concluded by the interaction of an automated computer system and natural person or by the interaction of automated computer systems, and a contract formed by a natural person that accesses an automated computer system of another person has no legal effect in case the neutral person made a material error in a data message. The purpose of this paper is to raise the understanding of the Convention on the Electronic Contracting by studying the contents of Draft Convention on Electronic Contracting and comparing Draft Convention with preliminary Draft Convention and finding the difference, characteristics and problem.