“UNCITRAL 신원관리 및 신뢰서비스의 국제적 승인에 관한 규정안”에 대한 고찰

Abstract

In recent years, the development of artificial intelligence and the advancement of communication networks such as 5G are expected to increase the number of international electronic transactions. However, in order to increase the international electronic transaction explosively, reliability and safety of the electronic transaction system are indispensable factors. In order to discuss the legal basis for securing the safety and reliability of the electronic transaction system and promoting international transactions, UNCITRAL has proposed the “Draft Provisions on the Cross-border Recognition of Identity Management Trust Services”. Discussions on identity management and trust services have just begun, but discussions on international trade norms at UNCITRAL have had a substantial impact on many countries, including Korea. This article introduces major contents of the draft provisions in detail and suggests implications for Korea because the discussions on norms related to the identity management and trust service of UNCITRAL can be a reference for the improvement of our legal system in the future. In other words, this paper analyzed functional equivalence, non-discrimination, technology neutrality, party autonomy and interpretation principles as the basic principles underlying the draft provisions. Also this paper have looked at the scope of the draft provisions, duties and responsibilities of an identity management system operator or trust service provider, together with legal approval of identity management and trust services. Draft provisions on the international aspects of identity management and trust services are also introduced. Establishing a legal system that allows foreign IdM and trust services to be approved by international norms, as discussed in UNCITRAL, will be very helpful in promoting international electronic transactions. Especially in Korea, where trade accounts for a large portion of the economy, it will have a positive impact. Therefore, Korea should actively participate in the discussion process of UNCITRAL and closely study the trend of international norms formation so that we can improve our legal system in a direction to contribute to the development of our economy while keeping pace with international trends.