UNCITRAL 전자계약협약의 국내법에의 수용

Abstract

UNCITRAL(United Nations Commission on International Trade Law) eliminated the legal obstacles that can be occurred in the process that “United Nations Convention on Contracts for the International Sales of Goods” established in 1980 applies electronic transaction and finally adapted “Convention on the Use of Electronic Communications in International Contracts” in 2005 in order that the parties concerned can have reliance on electronic transaction. Convention on the Use of Electronic Communications is to get over the limits of the UNCITRAL model law on electronic commerce that is only international law to regulate and to solve the legal problems concerned about the use of electronic communications related with international contracts. Korea signed on Convention on the Use of Electronic Communications on Jan, 15, 2008 and has been raised the need to unite the domestic and international regulations related with electronic transactions. It is because Convention on the Use of Electronic Communications, as a regulation on international transaction, is not applied for the trade in one country but if the regulation on electronic transaction of the country that adopted this is different from the contents of the agreement, it can not be escaped from its duality. Therefore, Korea, as a country that has independent law on electronic transaction, needs to revise the regulations related with the basic law of electronic transactions to be harmonized Convention on the Use of Electronic Communications. This paper is to examine the difference between Convention on the Use of Electronic Communications and the Korean basic law of electronic transactions established on the basis of “the UNCITRAL model law of electronic commerce” and also to examine the effects of basic law of electronic transactions and through this examination, to suggest the direction of revision for basic law of electronic transactions.