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학술논문민사법학2011.09 발행KCI 피인용 3

집합건물법상 전자적 방법에 의한 의결권 행사의 도입 - 개정안 및 그 해설을 중심으로 -

Introduction of Voting Right by Electronic Means into Korean Condominium Act

전혜정(법무부)

55권 1호, 419~454쪽

초록

The affairs of the managing body shall be executed according to resolution adopted managing body's meeting, except the matters delegated to the manager by Acr or the regulation. but meeting of unit owners(where only those person physically present at a meeting of unit owners may vote)is no longer suited to a considerable number of communities, particularly larger communities and communities made up largely of second homes. So it is necessary to introduce the Electronic Vote system into Condominium Act. According to Framework Act on Electronic Commerce,electronic documents have same effect with written documents. But the Act apply to all electronic commerce which is used for transaction of goods and service. Therefore Condominium Act should be amended, for executing the electronic vote in owner’ meeting. To introduce the electronic vote system, should check several issues,for example, guranteeing the authenticity of person exercising the voting right and the time limit of electronic voting and construction of electronic voter’s intention to the changed bill and legal validity of web publication of owner’ meeting and so on. Electronic vote system will make owner's meeting active and fruitful because it provides owner with better chance of exercising their rights through the elimination of time limit and physical distance.

Abstract

The affairs of the managing body shall be executed according to resolution adopted managing body's meeting, except the matters delegated to the manager by Acr or the regulation. but meeting of unit owners(where only those person physically present at a meeting of unit owners may vote)is no longer suited to a considerable number of communities, particularly larger communities and communities made up largely of second homes. So it is necessary to introduce the Electronic Vote system into Condominium Act. According to Framework Act on Electronic Commerce,electronic documents have same effect with written documents. But the Act apply to all electronic commerce which is used for transaction of goods and service. Therefore Condominium Act should be amended, for executing the electronic vote in owner’ meeting. To introduce the electronic vote system, should check several issues,for example, guranteeing the authenticity of person exercising the voting right and the time limit of electronic voting and construction of electronic voter’s intention to the changed bill and legal validity of web publication of owner’ meeting and so on. Electronic vote system will make owner's meeting active and fruitful because it provides owner with better chance of exercising their rights through the elimination of time limit and physical distance.

발행기관:
한국민사법학회
분류:
법학

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