• 통상정보연구
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• 제11권4호
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• pp.47-73
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• 2009

Electronic Commerce has become the leading method of business in many countries. And related laws are being established and is operating in Korea and China. In this circumstance, Korea's electronic signature law was enacted on February 5, 1999, and has been applied from July 1, 1999. But China's electronic signature law was enacted on August 28, 2004, and has been formally applied from April 1, 2005. This paper is to drive problems of the electronic signature system and law and to show the whole point to be considered in enterprise and the present status of internal and external service under the basis of electronic trade. The purpose of this study aims to present a comparative analysis on the Korean and Chinese electronic signature system and law. In addition to, another point of this paper is suggestions for improvement of legal problem.

• 무역상무연구
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• 제15권
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• pp.211-238
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• 2001

This article discusses and analyses several issues regarding to the Electronic Signature and the Electronic Certification. The objects of the analyse are the each paragraphs of the Korean Electronic Signature Act of 1999 and that of the Korean Electronic Transaction Basic Act of 1999 in comparing to the paragraphs of the Electronic Signatures in Global and National Commerce Act' (E-Sign) of 2000, U.S.A. and that of the Draft UNCITRAL Model Law on Electronic Signature of 2000. The main issues discussed herein are the scope of the electronic signature, the definition of the electronic signature, permission of services to the non-authorized certification service providers, the effect of the electronic signature, the liability of the concerning parties of the electronic signature including liability of the certification service providers, that of the subscribers and that of the relying parties. This paper also discusses the problems of the possibility of issuing the electronic negotiable commercial papers, the validity of the electronic signatures done by electronic agents, the authority certificate, mutual certification of the foreign certification service providers, the permission of the electronic notary service, the problems of the consumer protection and the possibility of issuing electronic insurance policy, etc. The writer concludes by suggesting some measures that will activate the use of electronic signatures under the korean circumstances.

• 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.

• 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.

• 정보학연구
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• 제9권3호
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• pp.1-14
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• 2006

China has recently (28 August 2004) adopted a new act legalizing the electronic signature. This new act provides electronic signatures with the same legal status as handwritten signatures, and states that on-line certification providers will have to be created in order to ensure the security of on-line operations made using said signatures. This new act is intended to increase Chinese electronic business, and thus to raise the revenue China can expect from said business. And the law grants electronic signatures the same legal effect as handwritten signatures and seals in business transactions, and sets up the market access system for online certification providers to ensure the security of e-commerce. As Internet trade requires a reliable third party to identify the signers, the credibility of online certifying organizations is significant for the transaction security. So, considering the weakness of China's social credibility system, the law regulates that the online signatures certification providers should be approved and administered by governments.

• 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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• 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.

• 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.

• 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.

• International Commerce and Information Review
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• 제2권1호
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• pp.49-68
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• 2009

In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.