전자채권제도에 관한 비교법적 고찰 - 우리와 일본의 전자어음·채권법제도를 중심으로 -

Abstract

With the development of the information technology, the Electronic Credit System has established by law in Korea and Japan. In Korea, the Electronic Promissory Note Act was enacted on the March 2004. Otherwise, in Japan, the Electronic Registered Credit Act was enact on the June 2007. Therefore, I would like to make a comparison between the Electronic Promissory Note system in Korea and the Electronic Registered Credit system in Japan. Especially, I think, the Electronic Registered Credit system has great implications for us. The Electronic Promissory Note and Electronic Registered Credit systems are, in effect, identical in respect of transfer. But there is a difference between two system. The Electronic Promissory Note has its limit for voluntary mentioned items. On the contrary, The Electronic Registered Credit allows to record many voluntary mentioned items. The Electronic Promissory Note can not be allowed partial endorsement, but the Electronic Registered Credit can be allowed partial transfer. And to conclude, I suggest that modify our Electronic Credit Law. The Electronic Promissory Note system should also move away from the Paper Promissory Note system. When we legalize the Electronic Credit system, the Electronic Registered Credit system is good guide to us.