일본의 디지털(Digital)동산양도등기제도에 관한 고찰

Abstract

To activate fund-raising through movable property, Korea and Japan needed to establish a system for registration of movable property transfer. For the purpose, Japan has already established a special law for transfer of movable property and discussion about the establishment of such a law is currently underway in Korea. In the event that registration of movable property transfer comes into effect in Korea, digital registration of movable property transfer would take effect just as in Japan. As stated above, discussion about solutions of problems concerned with enforcement of digital registration of movable property transfer is currently underway in Japan. This suggests that Korea should also examine legal and legislative problems before introduction of digital registration of movable property transfer. In connection with it, some legal systems should be prepared. To be specific, a user of registration system should be introduced to secure the authenticity of the registering subject in the use of digital registration of movable property transfer, first of all. In the second place, the principle of application by the party concerned based on the principle of joint application details should be introduced to secure the authenticity of registration as well as digital seal and digital certification required for security of authenticity of documents in the use of digital documents to be followed as an inevitable consequence of the introduction of digital registration of movable property transfer. In the third place, in a way to protect registration information, details of registration should be classified. In the fourth place, the register should be compiled on the basis of transferer for precise public notice of the right, and fast and easy retrieval. Lastly, with reference to the change of a real right, unlike the existing system that the real right is changed with the declaration of intention and transfer of a real right, the real right for digital registration of movable property should be regarded as being changed only when the declaration of intention of a real right is matched with the application for registration. In the legislative aspect, the movable property transfer registration bill should have a provision of legal ground for digital registration of movable property, and enforcement rules should have detail provisions about it. To be specific, such rules should have provisions about keeping period of records, particulars to specify movable property, delivery method of application magnetic disc, items to be written on the application magnetic disc and application method for registration by electronic information processing system.