한국에서의 법의 지배 : 전자거래기본법에 관한 개정논의 -사법적 측면을 중심으로-
Proposed Reform of the Korean Electronic Transaction Act -focusing upon its private law aspects-

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Issue Date
서울대학교 법학연구소
법학, Vol.42 No.4, pp. 145-173
전자거래전자상거래모델법비대면성과 비서면성전자적 의사표시
The recent explosion of Internet technology has helped propel the growth of

electronic commerce or electronic transactions. It is expected that electronic

transactions will quickly replace the various existing forms and methods of

transactions. Against this backdrop the Korean Electronic Transaction Act

(KETA) was enacted on February 8th, 1999 and is being enforced since July

1st 1999, with a view to promote electronic transactions and to clarify the

legal relations of electronic transactions. The provisions set out in the KETA

are based largely on the UNCITRAL Model Law on Electronic Commerce

adopted by the United Nations Commission on International Trade Law. The

main contents of the Act include 1) legal effect, validity or enforceability of

electronic data messages(the term “eletronic documents” as used in the Act)

and digital signatures, 2) dispatch and receipt of electronic data messages, 3)

protection of personal information and 4) consumer protection.

While Korea is relatively ahead of other countries in terms of the early

legislation of the Electronic Transaction Act, the Act itself is left with many

shortfalls. Enacted without sufficient review of its relevant provisions, in

particular those related to the private law, the KETA lends itself to a whole

variety of different interpretations. In recognition of such problems, active

efforts have been made in the year 2001 to revise the KETA and the Korean

Digital Signature Act for the purpose of building a legal system more

conducive to the growth of Information and Technology industry.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 42, Number 1/4 (2001)
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