• Title/Summary/Keyword: electronic contract

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A Study on the Obstacles of international Contract in Electronic Commerce (국제거래(國際去來)에서 전자계약(電子契約) 성립(成立)의 장애요인(障碍要因)에 관한 연구(硏究))

  • Suh, Paik-Hyun
    • International Commerce and Information Review
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    • v.5 no.2
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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.

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Digital Multisignature Schemes in Electronic Contract Systems (전자 계약시스템에서의 디지털 다중서명 방식)

  • 강창구;김대영
    • Journal of the Korean Institute of Telematics and Electronics A
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    • v.31A no.1
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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.

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An Activation Plan of Electronic Contract Real Estate

  • Youn, Sung-Ho
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.10
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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.

A Study on the Contract Formation in the Electronic Commerce (전자상거래(電子商去來)의 계약성립(契約成立)에 관한 고찰(考察))

  • Jung, Koae-Young
    • Management & Information Systems Review
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    • v.6
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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.

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A Legal study on the Internet Electronic Commerce Contract (인터넷 전자상거래계약(電子商去來契約)에 관한 법적(法的) 고찰(考察))

  • Han, Sung-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.14
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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.

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A Study on the Adoption of Electronic Contract Service (전자계약서비스의 문제점과 해결방안)

  • Choi, Seok-Beom;Kim, Tae-Hwan;Kim, In-Kyung;Kim, Jae-Hak;Park, Sun-Young;Yoon, Young-Rim
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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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.

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A Study on the Improvement of Real Estate Electronic Contract System by Introducing PropTech - Focusing on BlockChain Technology - (프롭테크 도입을 통한 부동산 전자계약시스템 개선에 관한 연구 - 블록체인 기술을 중심으로 -)

  • Lee, Sung-Min;Kim, Hee-Joon;Lee, Myeong-Hun;Kim, Jae-Jun
    • Journal of KIBIM
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    • v.11 no.3
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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.

Study on the Electronic Contract (전자계약에 관한 연구)

  • Kim, Jae-Nam;Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.6
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    • pp.129-138
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    • 2014
  • The Electronic contract means creation sign management and storage of contract by online without limitations of the time and space through the electronic signature and encode which based on the Certificate instead of the past that treatment the contract such as creation sign management and storage of contract by face-to-face. Recently, the remarkable development of information and communication technology with supplying the high-speed Internet services. Accordingly, the transaction contract made by these also, the steady legal effect occurred by two or more parties by legal action which is the electronic agreement of expression. and it makes agreement improving corporate productivity and it can control the whole process such as contract documents and the actual buying store provision. Like this it has many benefits so, it suddenly rising as the new axis of economic activity area, it is a reality. In this change of era, with the establishment of electronic contracts, there are many problems are occurred to the expression of parties which is core of the contract on civil code so, the systematic legal composition is required. Thus, in this study will propose the reasonable improvements about the issue of electronic contract through the consideration.

The General Principles on the Contract of Internet Electronic Commerce (인터넷 전자상거래(電子商去來) 계약성립(契約成立)의 일반원칙(一般原則)에 관한 소고(小考))

  • Kim, Jae-Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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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.

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A Study on the Law Problem of International Trade Contract in the Electronic Commerce (전자상거래하에서의 무역계약의 법적 제문제점)

  • 전순환
    • The Journal of Information Technology
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    • v.3 no.2
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    • pp.127-137
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    • 2000
  • Electronic commerce is the use of computers and telecommunications in the routine business transactions that most affect the basics of an organization's operations: everyday relationships with suppliers, customers, banks, insurers, distributors, and other trading partners. There are problems about the governing laws and the jurisdiction in the electronic commerce contract. This paper is to investigate the governing laws and the jurisdiction in the electronic commerce contract.

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