• 한국무역상무학회:학술대회논문집
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• 한국무역상무학회 2005년도 제34회 산학협력 공개세미나
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• pp.187-211
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• 2005

• 무역상무연구
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• 제18권
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• pp.7-25
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• 2002

Owing to a tremendous progress of information technology we have faced a great change of a society. This change has happened to almost all of a society. As a result intangible goods are also included as a major concern in international trade. We may say U.S. is one of the countries transaction of software is the most flourishing. I have tried to classified the cases of software transaction in U.S. into five groups. As a result I have known the UCC had been applied to the almost transaction of standard software. However UCC had not been applied to custom software and data processing. In these days UCITA which is very similar to a previous proposal UCC 2B has been presented. This is a contract law that would apply to computer software, multimedia products, and databases. It has been designed to create a uniform commercial contract law for those products. Now therefore we should make observation of a tendency about transaction of software in U.S. The reason is that we pay attention to the symbol and dormant power of U.S. in international trade.

• 통상정보연구
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• 제12권4호
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• pp.405-427
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• 2010

This legal study is to compare the Electronic Transactions Act in Thailand(hereinafter 'ETA') with mainly other countries electronic transactions acts, such as UNCITRAL MLEC, UECIC, VETA, UCITA and Korea' Electronic Transactions Act The ETA is consisted of 6 chapters which included preamble and definitions. Each chapter's main point as follows. Preamble is related to the name, time of legal effect, scope and definitions. Chapter 1 is not only general principles of electronic transactions, required restriction in addition to specify the limit of application, documentation, evidential weight in reference to the data message, but also the conditions of offer and acceptance through data message, time and place of dispatch and receipt of data message, certification between origination and addressee. According to media-neutrality and the effectiveness security requirement of data message under the information system, legal certification is related to the exchange's declaration of intention, define about origination-addressee of data message. Chapter 2 is composed to provide expressly about the effectiveness security in electronic signature. Those contents are to compare the MLEC, UECIC and Electronic Transactions Act in Korea. Chapter 3 is related to legal definitions that present legal requirement about service relating electronic transaction which contents accept domestic law, the adequate requirement as eligibility, satisfied matter, self-reliance ratio of finance and other detail standard Chapter 4 is deal with the transaction which are public sector and those application requirements. And also this chapter are composed regulations about direct-indirect purpose of Thailand domestic electronic government.

• 정보학연구
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• 제5권1호
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• pp.173-190
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• 2002

전자상거래 관련입법으로서, 미국에는 2개의 통일주법과 1개의 연방법이 있는데, 통일주법으로서는 통일주법전국위원회의(The National Conference of Commissioners on Uniform State Laws; NCCUSL)에 의한 1999년 통일전자거래법(Uniform Electronic Transactions Act; UETA)과 2000년 통일컴퓨터정보거래법(Uniform Computer Information Transaction Act; UCITA)의 최종안이 승인되었고, 연방법으로서는 2000년 국내외 상거래에 있어서 전자서명법(The Electronic Signatures in Global and National Commerce Act; I-Sign Act; 연방전자서명법)이 법률로 제정되었다. 본고는 통일전자거래법(UETA)에 대한 목적, 특징 및 주요내용을 고찰한다.

• 통상정보연구
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• 제11권1호
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• pp.333-351
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• 2009

The American Law Institute(ALI) has presented drafts of "Principles of the law of software contracts" to clarify and unify the law of software transactions. These principles apply to agreements for the transfer of or access to software. Providing these principles means something in software contracts. First of all, these principles seek to limit the scope to cover only contracts involving software exchanged or accessed for consideration, while UCITA includes a wide variety of "computer information". Secondly, this project is "Principles" instead of "Restatement" which means that these principles are not the law unless a court adopts it. This is for flexibility not to hinder law's adoptability of new legal issues that might be created in the future since the software industry has developed. Third, the project seek to balance between software transferor's interest and transferees to permit the use of remote disablement in limited circumstances. These principles, however, should be considered some concerns in the future work. For example, not to be a unconscionable agreement, it is better to suggest the specific click-wrap procedure and be more illustrative about what types of browser-wrap language are acceptable and what types are not.

• 무역상무연구
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• 제16권
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• pp.331-359
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• 2001

Uniform Electronic Transactions Act (1999) Drafted by the National Conference of Commissioners on Uniform State Laws. The Act allows the use of electronic records and electronic signatures in any transaction, except transactions subject to the Uniform Commercial Code. The fundamental purpose of this act is to remove perceived barriers to electronic commerce. The Act's a procedural statute. It does not mandate either electronic signatures or records, but provides a means to effectuate transactions when they are used. The primary objective is to establish the legal equivalence of electronic records and signatures with paper writings and manually-signed signatures. With regard to the general scope of the Act, the Act's coverage is inherently limited by the definition of "transaction." The Act does not apply to all writings and signatures, but only to electronic records and signatures relating to a transaction, defined as those interactions between people relating to business, commercial and governmental affairs. The exclusion of specific Articles of the Uniform Commercial Code reflects the recognition that, particularly in the case of Articles 5, 8 and revised Article 9, electronic transactions were addressed in the specific contexts of those revision processes. In the context of Articles 2 and 2A the UETA provides the vehicle for assuring that such transactions may be accomplished and effected via an electronic medium. At such time as Articles 2 and 2A are revised the extent of coverage in those Articles(Acts) may make application of this Act as a gap-filling law desirable. Similar considerations apply to the recently promulgated Uniform Computer Information Transactions Act (UCITA). Another fundamental premise of the Act is that it be minimalist and procedural. The general efficacy of existing law, in an electronic context, so long as biases and barriers to the medium are removed, confirms this approach. The Act defers to existing substantive law. Specific areas of deference to other law in this Act include: i) the meaning and effect of "sign" under existing law, ii) the method and manner of displaying, transmitting and formatting information in section 8, iii) rules of attribution in section 9, and iv) the law of mistake in section 10.

• 정보학연구
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• 제7권1호
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• pp.23-41
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• 2004

전자상거래와 전자무역은 시간과 공간을 초월하는 사이버세계에서 수행되기 때문에 전통적인 상거래방식에 의하여 적용되는 법률과 제도만으로는 새로운 형태의 e-비즈니스 환경에 적용하기 어렵다. 따라서 전자게약, 운송서류의 전자문서화, 전자결제 등에 이용하기에는 많은 문제점을 해결하기 위하여 WTO, OECD, UNCITRAL, APEC, 국제상업회의소(ICC) 등과 같은 국제기구에서 전자상거래 활성화를 위한 방안을 모색하고 있다. 그 중에서 대표적인 것이 전자상거래에 관한 UNCITRAL모델법과 미국의 통일전자거래법(UETA) 및 통일컴퓨터정보거래법(UCITA) 등이 있다. 이와 같은 상황하에서 국제적으로 전자계약 관련 국제규범의 정립, 전자식 운송서류의 활성화 및 글로벌 전자결제시스템 개발 등이 이루어져야 하며, 국내적으로도 전자계약법제의 도입, 디지털재화와 관련된 거래법 제정, 전자유각증권의 발행과 유통과 관련된 법률제정 및 전자자금이체법의 제정 등이 이루어져야 할 것이다.