한국 전자거래관련법의 문제점과 개선 방안에 관한 연구

Abstract

Korean electronic commerce law is dispersed into individual laws, and while the Electronic Document and Electronic Transaction Framework Act, a representative electronic commerce law, has gone through multiple revisions following changing electronic commerce environments, there are still some problems. Discussions have been conducted for a long time regarding electronic commerce and this study attempts to observe the standards of UNCITRAL, which has a good legal system, along with the electronic commerce law of America, look into problems by comparing these with the electronic commerce law of Korea, and research improvement plans for stable provisions. The Electronic Document and Electronic Transaction Framework Act of Korea is a law enacted based on MLEC and there are incorrect interpretations and articles that contradict domestic laws, so parts of it do not properly reflect the changing environment of electronic commerce. The first problem gained through differences among respective laws is the definition of electronic documents. We accept regulations on the definition of MLEC data messages as they are and designate these as electronic documents so there is vagueness of meaning in calling information itself documents thus it seems that the meaning of “document” would be more accurate if it were defined as an expression of will that is written in an electronic form and that is transmitted, received, or saved. Second is the absence of required formality with regard to electronic documents. The Electronic Transaction Framework Act regulates only the minimum anti-discrimination principles regarding electronic documents so the legal effects of electronic documents are unclear and it is necessary to accept required formalities as defined by Model Law on Electronic Commerce. Third is the discordance between transmission and reception identification times and contract closure times. As the characteristics of electronic commerce make it unsuitable for the enactment purposes of the sending theory, which is an exceptive clause of civil law, it is necessary to add regulations that view electronic documents using the principle of arrival. By observing problems in our electronic commerce laws and presenting improvement methods through such comparative research methods, thoughts were also given to future direction for clearer electronic commerce law regulations that suit digital environments.

Key word : Electronic Document, Electronic commerce, Electronic Transaction, Electronic Document and Electronic Transaction Framework Act of Korea, UNCITRAL Model Law on Electronic Commerce, electronic signatures