전자수표제도에 관한 법적 검토

Promissory notes and check are in widespread use in these days, even though there has come many alternative payment systems. But traditional paper-based promissory note and check has many radical problems, such as robbery, damage, destruction, etc., because they are made of paper. So there are many technical attempts to replace paper-based promissory notes and check with electronic promissory notes and check. In Korea, the Electronic Promissory Notes Act was established in march 2004 and enforced in January 1, 2005. But the Electronic Check Act(Draft) failed to pass the Korean Congress in 2008. I think the Electronic Check Act is still needed in Korea. In this paper, I address the definition of electronic check, analyze legal effects of electronic check in comparison with electronic promissory notes and paper-based check. I think many people simply regard electronic check as a digital transformation of paper-based check. But I suggest we have to give attention to electronic check as a electronic financial transaction. On this point of view, it is seriously request to make concerted regulations between the Electronic Check Act(Draft) and the Electronic Financial Transactions Act. And electronic promissory notes and electronic check is very similar legal effects as an electronic payment system, so it is also request to make concerted regulations between the Electronic Check Act(Draft) and the Electronic Promissory Notes Act.