어음의 전자화에 따른 법적 문제점 고찰

• 영문명: A Study on Legal Issues in Digitalizing Promissory Note
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 정경영
• 간행물 정보: 『비교사법』비교사법 제10권 1호, 121~155쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.03.01

영문 초록

In digital era, the written negotiable instrument is being changed into digitalized instrument of which the validity should be examined because of its non-paper-based nature and non-written signature. This trend is confirmed in "transferable record" in UETA(Uniform Electronic Transaction Act) in the States which includes promissory note, draft, title document issued electronically. The electronic bill of lading and electronic stock and etc. are the other examples of digitalized negotiable instruments. In our legal system, the electronic negotiable instrument is valid because according to Basic Law of Electronic Transaction, 'An electronic message shall not be denied its validity only because it takes the electronic form except as otherwise provided in any other Acts', and according to Digital Signature Act, 'A certificated digital signature shall be deemed to be a legally effective signature or signature-seal.' Recently 'Electronic Financial Transaction Act(Draft)', is being made in our country, in which some dubious stipulation that prohibits form issuing the negotiable instrument by an electronic message is included. But I think that such a stipulation is unreasonable as it is against the trend of digitalizing of our entire society and can interfere the development of a useful medium in our free commerce.

목차

1. 서

2. 유가증권의 전자화 현상

3. 전자어음

4. 맺는 말

참고문헌

ABSTRACT