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학술논문민사법학2008.12 발행KCI 피인용 1

전자정보의 관리에 관한 계약법적 고찰

The Contract of an Electronic Information­Management

신봉근(전북대학교)

43권 1호, 313~338쪽

초록

Electronic Informations mean all that are represented in electronic foams as like computer program, data base, etc. Internationally, there are some countries that have already made legal base about electronic informations, for example, USA, German, Japan, etc. This paper is focused on the contract of an electronic information­management. There are some legal points about it. The trust of an electronic information is a new style of contract. Its main obligation is a safekeeping the information And, A care­obligation as a good manager is a preventing from out­flow, theft, alteration. Moreover, assurance of the originality and return of the information after expiration. On the other side, the truster can treat and apply the information after trust. By the way, the contract of an electronic information­management has a specialty as so called a ‘continuos contract', and there are unbalance between a truster and a trustee. And, there are issues of civil law as like ‘default', ‘delict’ and ‘unjust profit'. At the end, we could consider the merchandising of an electronic information-management as like ‘Secure Pod,' moreover, a proving of the originality, time, period, etc. And we should study so called a ‘hybrid contract.' I hope that you could understand it easily by reading this paper.

Abstract

Electronic Informations mean all that are represented in electronic foams as like computer program, data base, etc. Internationally, there are some countries that have already made legal base about electronic informations, for example, USA, German, Japan, etc. This paper is focused on the contract of an electronic information­management. There are some legal points about it. The trust of an electronic information is a new style of contract. Its main obligation is a safekeeping the information And, A care­obligation as a good manager is a preventing from out­flow, theft, alteration. Moreover, assurance of the originality and return of the information after expiration. On the other side, the truster can treat and apply the information after trust. By the way, the contract of an electronic information­management has a specialty as so called a ‘continuos contract', and there are unbalance between a truster and a trustee. And, there are issues of civil law as like ‘default', ‘delict’ and ‘unjust profit'. At the end, we could consider the merchandising of an electronic information-management as like ‘Secure Pod,' moreover, a proving of the originality, time, period, etc. And we should study so called a ‘hybrid contract.' I hope that you could understand it easily by reading this paper.

발행기관:
한국민사법학회
분류:
법학

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전자정보의 관리에 관한 계약법적 고찰 | 민사법학 2008 | AskLaw | 애스크로 AI