• 통상정보연구
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• 제5권2호
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• pp.207-225
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• 2003

The purpose of this study is to examine the legal aspects on the formation of international contract in electronic commerce. The findings could be summarized as follows. rug, the contract doctrine of the contract formation by electronic data message, time of dispatch and receipt of data message, error in electronic communication, contract form and electronic signature could be supported or protected by the existing contract doctrine. Second, In relation to the contract formation arranged by electronic agents, the established contract doctrine provides no clear answer to the question whether changes provided by the interaction of electronic agents are enforceable. The enforceability question is left to future legislation. Finally, It is necessary that a significant level of formality together with the disclosure on the contract formality by certain act be conveyed 10 a potential buyer so that the buyer is impressed that the contact by the certain act could be valid.

• 전자공학회논문지A
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• 제31A권1호
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• pp.17-25
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• 1994

We analyze risks andd present the requirements of digital multisignature in electronic contract systems where several persons contract a digital document electronically. We also apply a few digital multisignature schemes that have been developed so far, to the electronic contract system and propose a new digital multisignature scheme based on the Fiat-Shamir scheme. We investigate how these schemes satisfy with the requirements and evaluate their efficiency in terms of processing speed. communication complexity, and message length Owing to the high processing speed and the high degree of satisfaction to the requirements, the proposed scheme is suitable for electronic contract systems.

• 한국컴퓨터정보학회논문지
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• 제21권10호
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• pp.175-182
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• 2016

In the 21st century knowledge and information society, Electronic Contracts made with the intention of electronic computer information networks are emerging as a new legal problem which can not be solved in the conventional legal system governing contracts. In other words, the indicator's decision determines the effect and formation of the contracts in the face-to-face or written contracts but electronic decision through computer information network is established the working process of electronic signals-electronic contracts are not only difficult to separate the decision-making process but questioned to be solved by the theory of the general legal action. Ministry of Transportation is scheduled to introduce real estate sales and lease contract using a variety of electronic devices such as computer, tablet PC, smart phones and so on without a paper contract. This system is conducted to global expansion of Seoul in demonstration zone on May 8, 2016 and will be implemented nationwide in the second half of 2017. Electronics contract Real estate has some benefits because made by linking electronic contract system and the electronic registration system - the economic effects discounts on various kinds of fees, the prevention from real estate fraud beforehand and the solution to the complexity of the process the seller and the buyer visits The Real estate agency. However, it has some problem- the disorder in the real estate contract market, the occurrence of the real estate agency accident and the author of the electronic real estate contracts have limited only to realtor. In this paper, I suggest the activation plan to search for establishment and effect of electronic contracts and declaration of intention in electronic depending on the Electronic Contract Real Estate system.

• 경영과정보연구
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• 제6권
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• pp.21-43
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• 2001

Contract requires, on principle, a meeting of minds. The basic elements of that contact are an offer by one party and an acceptance of the terms of the offer by the other party. In the electronic commerce an offer and the acceptance of an offer may be expressed by dispach or receipt of data messages. The contract which a data messages is used in the formation may be called electronic contract. The formation of the electronic contract is regulated by the Civil Code or the Commerce Code. The time of the contract formation is regulated by the Civil Code and the Commerce Code. But the time of dispach and receipt of the data message is stated in Article 9 of the Fundamental Law on Electronic Commerce. In this article the dispatch of a data message occurs when it enters an information system outside the control of the originator or of the person who sent the date message on behalf of the originator. The time of receipt of a data message, if the adressee has designated an information system for the purpose of receiving data message, is at the time when the data message enters the designated information system; or if the data message is sent to an information system of the adressee that is not the designated information system, at the time when the data message is retrieved by the addressee; if the addressee has not designated an information system, receipt occurs when the data message enters an information system of the addressee. The time of the electronic contract formation depends on the Civil Code or the Commerce Code and this Article 9 of the Fundamental Law on Electronic Commerce. An electronic contract may be formed by an offer and the acceptance of an offer by dispach or receipt of data message. An offer can not be withdrawn after it is accepted. But in mail-order sales and installment dealing an offer can be revoked after the goods were delivered. In this case the contract is lapsed.

• 무역상무연구
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• 제14권
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• pp.397-426
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• 2000

Since the internet is open to public in 1990, electronic commerce(EC) user has increase rapidly. Now EC is considered not only as communication method but also as new economical activities. EC is a kind of new commerce model which uses electronic means. And EC has global characteristics so that many country's legislation which regulates it differently makes an obstacle to vital of EC. The purpose of this study is to examine legal problems of internet electronic commerce. First, there are some legal problems whether electronic document has same legal function like traditional documents. Second, electronic signature must has authenticity, integrity, non-repudiation, writing and confidentiality in order to use looks like common signature. Finally, electronic contract is concluded on principle of mutual agreement. It is apparent that the concept of arrival is applied to the date and place in conclusion of electronic contract.

• 무역상무연구
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• 제34권
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• pp.157-185
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• 2007

The purpose of this thesis is to contribute to the activation of e-contract service for one stop e-trade by analyzing the problems and its solutions in e-contract service at home and abroad. In order to achieve the purpose of this thesis, case studies are done on e-contract service providers such as CECTRUST service of NTT DATA in Japan and HanCM.com of Haansoft in Korea and user companies such as Taisei Corporation using CECTRUST service and Hyundai Card using HanCM.com. The problems in the e-contract service are the lack of e-contract service providers, rare publicity of e-contract service, limited use of e-contract service at only home, higher pricing for e-contract service, short time management of e-contract documents by service providers, no application of newly developed security technology to e-contract service, unsatisfaction of requirements of e-contract service provider as trusted third party, absence of lower pricing e-contract service by service provider, authorizing key error in electronic signature under recognized authentication system in case of fail in renewal of digital certificate and reproduction of digital certificate. The solutions of these problems are the upbringing of e-contract service providers, broad publicity of e-contract service, development of e-contract service on a global basis, establishment of lower pricing for e-contract service, long time management of e-contract documents by service providers, application of newly developed security technology such as bio technology to e-contract service, satisfaction of requirements of e-contract service provider as trusted third party by designation of recognized e-document repository, development of lower e-contract service by way of application service provider(ASP), introduction of time stamping of e-contract document and signature key value. The limitation of this thesis is that the problems and its solutions could not meet with the broad recognition as they are conferred by intuition because of few e-contract service provider.

• 한국BIM학회 논문집
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• 제11권3호
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• pp.12-21
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• 2021

Existing real estate markets are monopolized because they are capital intensive and have information asymmetry. However, with the advent of the Fourth Industrial Revolution, technology is converging in various industries based on information technology (IT), and the real estate market is also developing a new field called "PropTech". According to this trend, new PropTech technologies are emerging in various real estate services sectors in Korea, but the electronic contract system, which accounts for the largest portion of the real estate industry, is still cited as a complex identification process and long processing time. Therefore, in this paper, we propose an improvement plan for the current electronic contract system through the introduction of blockchain technology, which is drawing attention with the development of PropTech, and explore the possibility of introduction by producing an experimental model of blockchain-applied electronic contract system in a programming language.

• 한국컴퓨터정보학회논문지
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• 제19권6호
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• pp.129-138
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• 2014

전자계약이란 과거 계약 당사자들이 대면으로 만나서 처리하던 계약서 작성 서명 관리 등의 일련의 계약 업무를 공인인증서 기반의 전자서명 및 암호화를 통해 시간과 공간의 제약 없이 온라인으로 계약서를 작성 체결 관리 보관하는 것을 의미한다. 최근 정보통신기술의 눈부신 발전과 초고속인터넷의 서비스가 보급되면서 이를 이용해서 이루어지는 거래계약으로 일정한 법률효과를 목적으로 두 사람 이상의 당사자가 전자적 의사 표시의 합의인 법률행위를 통하여 기업 생산성 향상 외에도 계약서류와 실제 구매 입고 지급 같은 전 과정을 조정할 수 있는 이점이 많아 급속도로 새로운 경제활동의 영역의 축으로 급부상하고 있는 것이 현실이다. 이러한 시대변화 속에서 전자계약의 성립과 관련하여 민법상 계약의 핵심인 당사자의 의사표시 등에 대하여 전혀 예상하지 못한 법률적인 여러 가지 문제점이 대두되고 있어 체계적인 법리구성이 요구되는 실정이다. 이에 따라 본 연구에서는 전자계약에 따른 문제점에 대한 고찰을 통하여 합리적인 개선방안을 제시하고자 한다.

• 무역상무연구
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• 제13권
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• pp.215-233
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• 2000

We know there are tremendous increasing of electronic commerce transaction but don't have efficient method to cover the risk of it. Even though the risk why we make a deal by electronic commerce. The reason, I think, is its conveniences of little cost and by no means of papers or tele-communications. When the valid contracts are achieved you may have some problems because of different legal systems of the world. If the contractual quarrels break it is very difficult to solve it. So it is important to choose the governing law to avoid troubles when you make the contract on internet electronic commerce. The purpose of this study is to review the general principles of contract of internet electronic commerce.

• 정보학연구
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• 제3권2호
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• pp.127-137
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• 2000

인터넷을 이용한 무역계약은 종래의 통신수단과 달리 전자적 형태의 통신수단을 사용한다. 따라서, 전자적으로 무역계약이 성립하고 그 계약이 종료된 후 분쟁이 발생한 경우에는 준거법이나 재판관할권 등의 법적 문제점은 어떻게 해결되어야 할 것인가를 고찰하고자 하는 것이다.