전자상거래제도에 관한 법적 검토

Electronic commerce especially refers to electronic commercial transactions. The sole volume of electronic commerce has grown rapidly mainly due to the recent advances in electronic technology. Electronic commerce, however, cannot be entirely covered by our present regulatory system. It is not only the technical difficulties, which hinders the electronic commerce development, but the legal issues also impede the development of electronic commerce. Most countries are resolving the electronic commerce related legal issues through either legislating new statutes or expanding current regulations’ application. Korea also succeeds this precedence. In an attempt of achieving an enhancement in safety and confidence, some of the predictable legal issues and their solutions are suggested herein. It is necessary to secure the regulatory safety and confidence as well as technical safety and confidence. Namely, the verification of the user’s authenticity and informational integrity are required to achieve transactional activation. Korea should attempt to ascertain methods to apply current legal systems to the predictable legal issues by enhancing, improving, and reforming its regulatory system. For the purpose of securing safety and confidence in electronic commerce,the related legal issues will be discussed, such as the electronic document’s admissibility as evidence, the validity of the electronic signature, and electronic certification. Emerging electronic settlement systems are such as on-line credit card,electronic fund transfer, electronic money, electronic bill, mobile payment etc. Most of them is a conservative one, bent on adapting more familiar payment devices, such as magnetic stripe card, credit card, and cashier’s check, to the online environment. In this Article, the author identifies and discusses some of the obstacles to the legal issues of electronic settlement systems are under Korean electronic finance transaction act.