• 무역상무연구
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• 제13권
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• pp.979-1012
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• 2000

• 무역상무연구
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• 제21권
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• pp.129-151
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• 2003

Nowadays even if environment of international commercial transaction is changing quickly municipal law could not meet with such change accordingly. So far, however, efforts towards unification have prevailingly taken the form of binding instruments, such as non-national or supranational legislation, international conventions or international model laws. Among them, the UNIDROIT Principles with parties' autonomous and yet non-binding character do not only meet the substantive requirements of a true law merchant. In addition they also counter some of the main points of criticism against the modern lex mercatoria. As such the Principles constitute a cornerstone in the lex mercatoria debate and may become the heart of the new lex mercatoria. The purpose of this article is to ask whether there could be applied the Principles in international commerce. For the purpose it is to investigate when the Principles are applied in international commerce and how effectively the Principles are applied for the decision in international commercial disputes. Even though the Principles are used for reference by parties involved for the voluntary regulation of their contract, it is sufficiently expected that the Principles are to be a stepstone of uniform contract law in international commerce. Until now cases of appling the Principles are not satisfied with its expectation as a source of non-legislative means of unification or harmonization of law. Given the party's autonomy in the contract, this is among other things because business parties are strongly tend to observe their national laws in their international commerce. And also, even though there are a number of neutral and uniform regulations for international commercial contracts, parties do not often recognize their usefulness with being up to expectation. In order to explore the applicability of the Principles a number of cases of ICC International Court of Arbitration and others are quoted.

• 통상정보연구
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• 제1권2호
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• pp.69-95
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• 1999

Internet EC accomplish to simply electronic business from all process integration of production, marketing and customer service. Also customers gain to goods information by one-line product reference, order, product information exchange and negotiate to low cost for high quality goods. Therefore, Purpose of this study is to introduce the building method of efficient EC, helping understand EC, and analysing its present state in the Korean enterprises and efficiency on international trade information.

• 통상정보연구
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• 제5권1호
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• pp.85-100
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• 2003

Legal rules applying to the commerce and international commerce in particular contracts, proper law, jurisdiction and so on, have improved with time and experience. Engaging in e-commerce on the World Wide Web may expose the company to the risk of being sued in any foreign country where Internet user can establish a legal claim. The modem law of contracts is highly sophisticated and difficult to understand. With contracts created in cyberspace, the basic rules are no difference that we can find. However, there are situations in e-commerce that are altogether new and to which the existing rules cannot apply. Here uncertainty and business risk is too high for trading partners to deal with certainty. Therefore existing law must change to e-commerce law so that it provides certainty and enforceability over e-commerce. UNCITRAL Working Group on Electronic Commerce prepared the Preliminary Draft Convention on [International] Contracts Concluded or Evidenced by Data Message from the thirty-ninth session in 2002 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.

• 무역상무연구
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• 제13권
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• pp.933-977
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• 2000

BOLERO project and TradeCard System are attracted public attention as new settlement method that is able to substitute for documentary letter of credit. BOLERO is the business processes and methods, together with the digital information system, which are provided by Bolero International for communicating Messages and Documents and facilitating business transactions. TradeCard aim to make international business-to-business e-Commerce easy, fast, inexpensive and secure while innovating current documentary compliance and financial settlement mechanisms. The main purpose of this paper is to search the possibility of paperless trade. Since, this paper examine the international legal feasibility of these systems and compare the strength and weakness.

• 통상정보연구
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• 제1권2호
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• pp.229-247
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• 1999

Where a paper document, a manual signature, or negotiability is required in statute, then solutions must be found through a change in the law. However, where the problem originates in commercial usage, then the solution can be easier, and speedy. Certainly, nearly all of the functions that paper document provides can be equally, or better, satisfied by electronic means. That is, Electronic Commerce(EC), which has been increasing rapidly and is a new type of transaction, may be hindered by legal obstacles to use of Electronic Message, or by uncertainty to its legal effect and validity. Therefore, it is important to sustain legal effect to Electronic Message for the prosperity of EC The one of solutions is to use reliable Electronic signature system by Certification Authority to verify the authenticity of Electronic Message.

• 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.

• 한국중재학회지:중재연구
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• 제22권2호
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• pp.79-101
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• 2012

In 2010, the United Nations Commission on International Trade Law (UNCITRAL) initiated work on the settlement of disputes in international e-commerce through online dispute resolution (ODR). The basic goal is to use ODR to resolve disputes with low value but high volume in international e-commerce. The background is that consumers have no way to solve their legal problems in this area. An ODR system is intended to create a new way to enforce their rights. However, the legal situations of the countries in the e-commerce sector, particularly in consumer protection, are very diverse. Thus, no reasonable model for conflict resolution is available. Some countries consider this as public policy and want absolute protection of their consumers. Other countries want to encourage freer e-commerce trading. This diversity of consumer protection policy is an obstacle to ODR. However, sooner or later, reaching an agreement is feasible because each representative is making a reasonable effort to reach the goal.

• 무역상무연구
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• 제1권
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• pp.7-38
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• 1990

• 무역상무연구
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• 제10권
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• pp.151-171
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• 1997