공인전자서명에 대한 선진국의 입법태도에 관한 연구- UN, EU, 미국연방 및 주의 전자서명법을 중심으로 -

Abstract

To stimulate economic development, Korea considers about taking deregulation policy. This provides the need to review the Digital Signature Certificate System. The system has personal informations collected for authenticating users or a person who registers his or her electronic signature and then causes the informations to be leacked. This becomes one of the biggest issues in Korea. Some argue about abolishing certificates of digital signatures. In order to review whether a certificate of digital signature(authentication function) should be abolished, this paper focuses on regulations of ‘electronic signature’ which UN, EU and the United States & its three representative states (Utah, Washington and California state) adopted. This paper makes two conclusions; ①Congress should consider which should be weighed between reliability & safety of commercial transaction and relevant risks of two parties' agreements; and ②if it decided, the answer to the question of whether or not the authentication certificate system should be maintained depends on its decision above. Users decides to use digital signatures or not. The government is not required to decide this. The serious problem of Korea is that only the digital signature system having the authentication function is forced for all electronic commercial transaction. This is consisderd as the major reason to block free commercial transaction and economic stimulation. However, we should not ignore what the digital signature has done for the transaction safety and reliability. This paper carefully suggests that Korea should consider where the authentication certificate should be required.