UNCITRAL 전자상거래모델법 관련 미국 판결에 대한 고찰

Although the use of modern means of communication such as electronic mail and electronic data interchange (EDI) for the conduct of international trade transactions has been increasing rapidly, the communication of legally significant information in the form of paperless messages may be hindered by legal obstacles to the use of such messages, or by uncertainty as to their legal effect. Owing to the increase of electronic commerce and the awareness of its importance, international institutions and many nations have enacted laws on electronic commerce. The UNCITRAL prepared and adopted UNCITRAL Model Law on Electronic Commerce in 1996 to serve as a model to countries for the evaluation and modernization of certain aspects of their laws and practices in the field of commercial relationships involving the use of computerized or other modern communication techniques. The Model Law has been adopted in or influenced 64 States in a total of 140 jurisdictions. Korea, also, was influenced by the Model Law and enacted Framework Act on Electronic Commerce in 1999. 23 CLOUT cases have been reported on the Model Law, including one American case of Naldi v. Grunberg (2010). Plaintiff brought action seeking enforcement of a right of first refusal that plaintiff claimed he held for 30 days while conducting due diligence in contemplation of entering into a contract to purchase real property. The New York court held that an e-mail will satisfy the statute of frauds so long as its contents and subscription meet all requirements of the governing statute. The Electronic Signatures in Global and National Commerce Act‘s requirement that an electronically memorialized and subscribed contract be given the same legal effect as a contract memorialized and subscribed on paper is part of New York law.