전자기록채권에 관한 소고 ‒ 전자어음과의 비교를 중심으로 ‒

Promissory note has been used as a method of payment in important trades among merchants, and because it had credit function aside from the payment function, it was a great help for merchants in solving liquidity problems. Paper-based bills however had many issues such as having the risk of getting stolen or lost, costly issuance and storage, and can cause series of nonpayment once the bill goes bankrupt. Accordingly, methods using IT technology that solves the problems that bills have and materializes the system that is simple to use have been being discussed. In Korea, the government and scholars came up with a measure to digitalize the bills itself and the Issuance and Distribution of Electronic Bills Act (Electronic Bills Act) was established in 2004, and the Act took effect in 2005, making electronic bill system work today. Meanwhile Japan legislated Electronically Recorded Monetary Claims Act, creating completely different method from the bills, and now four organizations are providing the service. Electronic bills are bills but electronically recorded monetary claims are designed in a way that they can be used like the bills. When used this way, it is very much like the bills, therefore it will be significant to compare two systems. This thesis will first go over the outline of Electronically Recorded Monetary Claims Act, compare the electronically recorded monetary claims and electronic bills in terms of development, transfer, and extinction of the rights, and then search for the implication on Electronic Bills Act through these comparisons. The biggest difference that was found by comparing two laws is the granting of effect on 'records'. Electronically Recorded Monetary Claims Act making the 'record' of the record register of electronically recorded monetary claims institution the requirement to clear legal relations and preventing double transfer implies greatly. From now on, regarding the revision of Electronic Bills Act, granting certain efficacy on the 'record' like from the Electronically Recorded Monetary Claims Act should be considered. Other than that, few regulations of Electronically Recorded Monetary Claims Act can be referred to when solving the problems of Electronic Bills Act.