電子商去來法의 體系와 課題

• 발행기관: 한국인터넷법학회
• 저자명: 김문환
• 간행물 정보: 『인터넷법연구』제2호, 377~405쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.04.01

영문 초록

Introduction Electronic Commerce has produced many legal issues such as formation and performance of electronic contracrs, choice of law, jurisdiction and dispute settlement, privacy, intellectual properties, consumer protection, taxation, defamation and the censorship. Lawmakers have also facilitated the use of electronic signatures to form valid and legally enforcible contracts over the Internet. The following overview was prepared for the introductory explanation the law and electronic commerce. Electronic Contracts Electronic contracts which have been formed in the past between Electronic Data Interchange (EDI) trading partners involve many issues that differ from those arising in traditional contraCts. Electronic contracts will be agreed upon electronically or through other implied consent methods similar to those methods used for shrinkwrap licenses which are those unsigned "agreements" that are shipped with some types of computer software. Since the enforceability of shrinkwrap license agreement has been a question of considerable concern, and several cases in the U.S. such as Vault Corp. v. Quaid Software Ltd. have held that some shrinkwrap license provisions are not enforceable, it is important to know whether implied consent and the electronic execution of contracts effectively establish enforceable agreements between parries. Electronic contracts also should contain provisions that protect intellecrual property rights and prohibit infringemenr. It is very important to obtain representations and warranties from the parties that they will comply with intellectual property rights and that they will not infringe the rights of others. Digital Signatures Digital signatute technology which is based on applied mathematics and the use of cryptographic algorithms provides a secure and convenient method of electronically "signing" documents which otherwise would require a written signature. To create a digital signature the signer uses two keys. These keys are extremely large numbers that have been uniquely assigned to the signer and are called the "private key" and the "public key." The signer uses the private key to sign an electronic document, and another person can then use the public key ro verify that the signature is authentic. This verification process also establishes that the document was not altered as it was transmitted over the Internet. An important element in this process is an intermediary called a "certification authority." It is the certification authority's job to establish the link between the signer and the keys used to create the digital signature. In essence, the certification authority reviews the signer's identification documents, such as a driver's license or passport, and then certifies thar the person who is using the keys is actually the person they claim to be. Anyone who wishes to verify a digital signature may then rely on the certification authority's identification of the person instead of having to personally review the signer's identification documents. In this way, digital signatures work much in the same way as signature cards kept on file by banks which are taken out when needed to verify authenticity. The digital signature is often invisibly attached to a submitted document in the form of an encrypted "certificate." This "certificate" would look like a scrambled series of letters and numbers if ir were printed out. The person receiving the certificate would have software that could autOmatically decrypt the certificate and authenticate the signer's identity usmg the signer's public key. In this way digital signature technology adds little or no additional inconvenience to the transaction or communication. Digital Signatures are often used to identify the persons who ate viewing Internet sites, and provide enhanced password protection allowing individuals access to otherwise restricted information. Using digital signatures, individuals will be able to leverage th

목차

1. 디지털 혁명과 전자상거래

2. 전자상거래법의 국제동향

3. 전자상거래의 법률문제

Abstract