전자거래 발전에 따른 관련 법리의 변화 및 현황에 대한 고찰 - 전자거래의 의의에 관한 논의를 중심으로 -

Abstract

Since the 1990s to develope rapidly information communication technology (ICT), laws are made to be targeted to the application of the characteristics of e-commerce and systems in electronic commerce in internet environment. There are been constantly related arguments and studies. Nowadays, e-commerce is general in life, and the review is needs for the conformity and balance of the direction of the principles of laws and a lot of discussions to resolve the mutual contradiction between relevant legislations. The first stage of these discussions is the concept of electronic trading. Electronic commerce is defined trading in goods or services of electronic transactions in the whole or part in electronic documents in Framework Act on Electronic Commerce, which is be assessed as basic law on electronic trading. It is involved the concept of electronic contracts. Legal principles and activation of electronic documents are a key part of which will be one to review the stability and reliability of the principles of law because E-commerce is by electronic documents,The concept of electronic documents is divided into two main points. First is aspects of electronization paperless and second is aspects of electronization of expression of will. But, the definition of electronic documents is not obvious in Framework Act on Electronic Commerce. That is, the concept of electronic document is extensive and ambiguous. It can be assessed to effect the development of electronic transactions in the beginning E-commerce. But, now E-commerce is common in our society, so we need to be clearly the concept of the electronic document and solve the discussion about “What E-coomerce is”.