클라우드컴퓨팅서비스의 계약법적 논점

Abstract

In 2015 the Act on the Development of Cloud Computing and the Protection of theUsers(hereinafter “Cloud Computing Act”) was enacted with a view to enhance theglobal competency, to contribute to national economy and to cultivate the circumstanceto secure the safe use of cloud computing service by providing grounds for variousnational plan to promote the development of the cloud computing industry. TheClouding Computing Act was prepared as a part of the ‘inter-governmental project onthe invigoration of cloud computing’ and aproved at the National Asembly in March2015. As the first special act on the cloud computing industry and its service, it has benenforced since September 28, 2015 with few amendments to its original contents. On cloud computing service contracts, UNCITRAL provided and published the Noteson the Main Isues of Cloud Computing Contracts(hereinafter the “Notes”) in 2019. TheNotes intend to present various elements in drafting cloud computing service contractsregardles of the type of cloud computing services. On many isues adresed in theNotes, this paper wil focus on the isues of the private international law because manyof the cloud computing service contracts are likely to be concluded betwen partieslocated in diferent states. Acordingly this paper wil explore the aplicabilty of Koreandata protection law as an international mandatory law in the case where the contract have provided the foreign law as a governing law. Also the isues of the choice of forumand the posibilty of Online Dispute Resolution as an alternative dispute resolutionmethod in the cloud computing service contract wil be covered.