國際商去來에 있어 電子文書 認證시스템에 관한 法的 考察

Abstract

Internetwork is different from others in that it just has various means and methods for commercial transactions caused by a lot of computer- webs. At the present time, Rapidly spreading instant use of internet is facilitating changes and development in international commercial transaction. This study defines not only data massages and certificate systems of data messages but also deals with legal problems and solutions in certificate systems of data messages under international commercial transactions. Data messages are give the same legal and functional- equivalent effects as paper-based documentation. It is just embodied concept of electronic signature by the contractual parties concerned in international commercial transactions, information security based on the good faiths. The procedures of electronic commerce are somewhat short in comparison with its common use these days. So it is in desperate need to establish uniform rules that control international commercial transactions in the cyberspace. This study suggests the bases of how and what rules to be put as the computerizations of electronic commerce are proceeding. In the cyberspace, it has been difficult to rely on international trade usage and customs because of its short history and rapid changes. Therefore new rules are being made. The forms are model law, guidelines, principles or rules rather than a treaty that carries legal bindings among countries. Data messages can be said to be the intermediary in the cyberspace. Under the circumstances, this study included effect of main certificate systems by data messages and its operating level. Main systems focused on bolero, tradecard, eden, tedi, identrus etc. Regarding to legal problems are electronic agent, contract formation by data messages, time, place, means of contract by data messages and so on and legal effects in case of its utilization.