간편한 인증수단을 통합하여 이용자와 전자서명인증 사업자를 중계하는 서비스가 현행 전자서명법에 미치는 영향

Abstract

The provision of this integrated authentication relay service is an alternative revealed by solving problems and/or is extending competition due to competition between electronic signature authentication providers that provide simple authentication means. However, in order to solve the legal problem caused by the provision of relay services, no other legal means can be used other than to solve the legal problem in contracting between the parties or to apply the legal methods of civil delict under the Civil Act. This is because at the time of the full revision of the Electronic Signature Act (‘ESA’), it was never expected that another competitive market would be formed as the supply market for simple authentication methods overheated. The purpose of this article is to identify legal problems related to the provision of services that relay users and electronic signature certification providers by integrating these simple authentication methods and to find ways to solve them. This article is organized into five chapters, as follows. After raising the need for the study and the problem in Chapter 1, this article examines the inconvenience of using easy authentication methods and the plan to activate the use of easy authentication methods by seeking an integrated module in Chapter 2 from the perspective of technical, managerial, and legal discussions. As a first step toward the substantive discussion of legal issues, the contractual legal relationship of the integrated module relay service is examined in Chapter 3, which reveals the limitations of the interpretation theory derived from the judicial contractual relationship to directly solve the problems caused by the operation of ESA (Ⅲ). In order to overcome the limitations of interpretation theory, it examines the legislative theory as a solution to the problem that the provision of the integrated module relay service could not have been foreseen at the time of the comprehensive revision of ESA, even though there were sufficient circumstances to impair the safety and reliability of electronic signature authentication under ESA (Ⅳ). Finally, I summarize the above and express my views (Ⅴ).