국제상거래에서 전자기록의 정의와 요건

Laws and rules establish to give electronic medias legal validity and promote electronic transaction internationally or locally. these laws and rules use various terms about information generated by electronic medias such as electronic record, data message, digital message, or electronic communication. This paper analyzes the definition and differences between these terms, especially focused on electronic record because it is used in many laws and rules of electronic transaction. These terms, ultimately, are interchangeable even though there are some subtle differences because electronic transaction laws and rules focus not to provide substantial rules but to resolve legal issues related to use electronic medias. It also provides requisites of electronic record to have functional equivalent with a paper. these are writing, signature, and original. To satisfy “writing” requirements, measure to ensure the availability of the record must be implemented. To satisfy “signature” requirements, measure to authenticate the identity of the signer and to ensure the integrity of evidence of intent are required. To satisfy requirements that the “original” of a document be provided, made available, or retained, measure to ensure the integrity and the availability of the record must be implemented. Providing appropriate security as necessary to ensure the integrity of electronic records will likely be critical to securing the admission of the electronic record in evidence in a future dispute. In other words, the admissibility of all types of electronic record will depend on the level of information security provided in order to ensure that the integrity and availability of the information remains intact.