• 정보학연구
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• 제8권2호
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• pp.135-148
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• 2005

The purpose of this article is to study on the Comparison of the Basic Law on Electronic Commerce and the Uniform Electronic Transactions Act(UETA). The purpose of th Basic Law on Electronic Commerce is to contribute to the national economy by clarifying the legal effect of transactions by means of electronic messages so as to ensure the security and reliability thereof and to secure fair trade, and further by establishing sound and orderly transactions, and promoting electronic commerce. It is important to understand that the purpose of the UETA is to remove barriers to electronic commerce by validating and effectuating electronic records and signatures. It is not a general contracting-the substantive rules of contracts remain unaffected by UETA. Nor is a digital signature statute. To the extent that a State has a Digital Signature Law, the UETA is designed to support and compliment that statute.

• 정보학연구
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• 제5권1호
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• pp.173-190
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• 2002

전자상거래 관련입법으로서, 미국에는 2개의 통일주법과 1개의 연방법이 있는데, 통일주법으로서는 통일주법전국위원회의(The National Conference of Commissioners on Uniform State Laws; NCCUSL)에 의한 1999년 통일전자거래법(Uniform Electronic Transactions Act; UETA)과 2000년 통일컴퓨터정보거래법(Uniform Computer Information Transaction Act; UCITA)의 최종안이 승인되었고, 연방법으로서는 2000년 국내외 상거래에 있어서 전자서명법(The Electronic Signatures in Global and National Commerce Act; I-Sign Act; 연방전자서명법)이 법률로 제정되었다. 본고는 통일전자거래법(UETA)에 대한 목적, 특징 및 주요내용을 고찰한다.

• 한국디지털정책학회:학술대회논문집
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• 한국디지털정책학회 2004년도 International Conference on Digital Policy & Management
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• pp.55-73
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• 2004

The Internet is a wonderland that can be enjoyed by the young, old, and those in-between. It is also a vast commercial market where many contracts are formed every second. The Internet and E-Commerce have created new situations that have generated sweeping proposals for fundamental changes in contract law. During the first half of the 20th Century. when many businesses expanded their geographic scope, there was a tremendous desire for uniform treatment of contracts for the sale of goods throughout the U.S.A. and the whole world. That same dynamic is now occurring in E-Commerce. There is a general recognition of the desirability of uniform contract law to govern E-commerce, but to date that does not exist, though there are extensive proposals for reform of contract law on the Internet. E-Commerce is currently plagued by some of the same problems that led to the passage of the UCC. In the absence of uniform legislation, state-by-state differences are inevitable with respect to E-Commerce. State-by-state differences in E-Commerce contract law is widely viewed as undesirable. To deal with this problem, a number of uniform bills have been proposed including UCITA, UETA, and revisions to Article 2 of the UCC (Subpart B). The thrust of these uniform acts is to create legal parity between paper records and electronic records. There is considerable resistance by consumer groups to this parity and progress towards Passage of UCITA, UETA, and revised Article 2 has been slow. The UCITA covers licenses of computer software but does not cover the sale oil goods on the Internet. The scope of the UCITA includes computer software. multimedia interactive products, computer data and databases, and Internet and online information, The UETA deals comprehensively with E-Commerce and contract law. The UCC covers the sale of goods, which does not necessarily involve E-Commerce. The basic principles of contract law are modified to deal with Internet transactions. Intent is inferred from the operations of electronic agents and "signatures" can occur with a response to an invitation to click to accept.

• 무역상무연구
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• 제16권
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• pp.331-359
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• 2001

Uniform Electronic Transactions Act (1999) Drafted by the National Conference of Commissioners on Uniform State Laws. The Act allows the use of electronic records and electronic signatures in any transaction, except transactions subject to the Uniform Commercial Code. The fundamental purpose of this act is to remove perceived barriers to electronic commerce. The Act's a procedural statute. It does not mandate either electronic signatures or records, but provides a means to effectuate transactions when they are used. The primary objective is to establish the legal equivalence of electronic records and signatures with paper writings and manually-signed signatures. With regard to the general scope of the Act, the Act's coverage is inherently limited by the definition of "transaction." The Act does not apply to all writings and signatures, but only to electronic records and signatures relating to a transaction, defined as those interactions between people relating to business, commercial and governmental affairs. The exclusion of specific Articles of the Uniform Commercial Code reflects the recognition that, particularly in the case of Articles 5, 8 and revised Article 9, electronic transactions were addressed in the specific contexts of those revision processes. In the context of Articles 2 and 2A the UETA provides the vehicle for assuring that such transactions may be accomplished and effected via an electronic medium. At such time as Articles 2 and 2A are revised the extent of coverage in those Articles(Acts) may make application of this Act as a gap-filling law desirable. Similar considerations apply to the recently promulgated Uniform Computer Information Transactions Act (UCITA). Another fundamental premise of the Act is that it be minimalist and procedural. The general efficacy of existing law, in an electronic context, so long as biases and barriers to the medium are removed, confirms this approach. The Act defers to existing substantive law. Specific areas of deference to other law in this Act include: i) the meaning and effect of "sign" under existing law, ii) the method and manner of displaying, transmitting and formatting information in section 8, iii) rules of attribution in section 9, and iv) the law of mistake in section 10.

• 산학경영연구
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• 제13권
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• pp.207-221
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• 2000

신기술에 의한 체제정비가 요구되는 시점에서 1999년 채택된 미국 통일전자거래법은 우리나라에 주는 시사점이 크다. 통일전자거래법은 개인간의 거래에서의 지침에 중점을 두는 반면 우리나라의 전자거래기본법과 전자서명법은 정부의 역할을 중시한 것이 특징이다. 통일전자거래법에는 우리나라와 동일하게 전자기록, 전자서명등에 대한 정의가 있고 자동화된 거래, 컴퓨터 프로그램, 전자대리인, 정보, 정보처리시스템, 보안절차등 우리나라에 없는 정의가 들어 있다. 제16조에서 규정하는 양도가능한 기록(Transferable Record)도 우리나라에 없는 특이한 개념이다. 여기서 명시하고 있는 전자어음은 법제정이 있기도 진에 우리나라에 도입하려고 하는 개념으로 금융산업의 지각변동을 예고하는 조항이기도 하다. 우리나라는 사이버몰, 인증기관을 강조하고 소비자의 보호지침을 도입한 것이 미국과 다른 특징이다. 미국의 경우는 각종 분쟁의 경우 법원의 해석을 강조하여 전통적인 사법부우위의 모습을 보여주고 있다. 향후 예상되는 각종 분쟁에 대한 미국의 판례연구는 한국에서도 신속하게 연구되어 적용되어야 할 분야라 하겠다.

• 무역상무연구
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• 제19권
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• pp.169-190
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• 2003

Uniform Computer Information Transactions Act (UCITA) for e-commerce in non-UCC and non-UETA transactions, promulgated in 1999. The Act Drafted by the National Conference of Commissioners on Uniform State Laws. UCITA applies to contracts to license or buy software, contracts to create computer programs, contracts for on-line access to databases and contracts to distribute information over the Internet. UCITA does not apply to goods such as television sets, stereo equipment, airplanes or traditional books and publications. Goods generally remain subject to UCC Article 2 or Article 2A. Many transactions may include more than computer information. If that transaction covers non-goods subject matter, UCITA applies only to the part of the transaction which is computer information and other law applies to the other subject matter. In the event the other subject matter is goods, UCC Article 2 or 2A applies to the goods subject matter and UCITA applies to the computer information part. UCITA is coordinated with existing Articles 2 and 2A, so coverage of each to part of the transaction will be facilitated. With respect to other subject matter (primarily services) UCC Articles 2 and 2A have worked in mixed transactions with the common law applicable to the services.

• 한국초전도저온공학회:학술대회논문집
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• 한국초전도저온공학회 2002년도 학술대회 논문집
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• pp.202-204
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• 2002

The supurfluid shock tube facility has been developed as a versatile tool for experimental research of low-temperature thermo-fluid dynamic phenomena The shock tube is designed to operate with the He II filled test section which is immersed in superfluid helium. The thermo-dynamic phenomena occurred in this facility are measured using pressure transducers, superconductive temperature sensor and visualization method. In this paper, the design and performance of the superfluid shock tube facility and the superconductive temperature sensor is presented.

• 한국초전도저온공학회:학술대회논문집
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• 한국초전도저온공학회 2002년도 학술대회 논문집
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• pp.27-30
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• 2002

The particle velocity in superfluid helium (He II) induced by a gas dynamic shock wave impingement onto He II free surface were studied experimentally by using Schlieren visualization method with an ultra-high speed video camera. It is found form visualization results that a dark zone in the immediate vicinity of the vapor-He II interface region is formed because of the high compressibility of He II and is developed toward bulk He II with the flowing-down speed of the vapor-He II interface. The mass velocity behind a transmitted compression shock wave that is equal to the contraction speed of He II amounts to 10 m/sec, the Reynolds number of which reaches $10^{7}$. This fact suggests that the superfluid shock tube facility can be applied to an experimental facility for high Reynols number flow as an alternative to the superfluid wind tunnel.

• 한국초전도저온공학회:학술대회논문집
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• 한국초전도저온공학회 2002년도 학술대회 논문집
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• pp.23-26
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• 2002

Two modes of shock waves propagating in He II (superfluid helium), this is a compression and a thermal shock waves, were studied experimentally by using superconductive temperature sensors, piezo pressure transducers and Schlieren visualization method with an ultra-high-speed video camera (40,500 pictures/sec). The shock waves are induced by a gas dynamic shock wave impingement upon a He II free surface. It is found that the shock Mach number of a transmitted compression shock wave is up to 1.16, and the shock Mach number of a thermal shock wave coincides well with the second sound velocity under each compressed He II state condition. The temperature rise ratio of an induced thermal shock wave to that of an incident gas dynamic shock wave was found to be very small, as small as 0.003 at 1.80K.

• 천문학회보
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• 제31권2호
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• pp.68.1-68.1
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• 2006