UNCITRAL 전자양도성기록(ERT) 모델법에 관한 연구 - 국내법에의 수용에 관한 검토를 포함하여 -

An Eledronic medium introduced into transadion has changed the private law and it touched the format of the transadion, which involved the problem of validity and equivalence of the eledronic format of transadion, For the validity of eledronic formated transadion, 'Eledronic Data Act' was amended to include a provision of validity of eledronic dats same as the paper document to solve the validity provblem, and ‘Eledronic Signature Act' was amended to encompass a provision of equivalence of eledronic signature instead of generic signature or seal on paper. With these changed rules on eledronic data, an eledronic transadion can be used substituting a paper transadion. But as for the negotiable instrument, an eledronic format of negotiable instrument could not work well due to the difficulty of maintaining the singularity of eledronic version of that instrument. UNCITRAL has tackled this problem on the eledronic version of negotiable instruments and legislate a model ad on eledronic transferable records(ETR) to improve the usage of eledronic version and give transparent effed to the eledronic version of negotiable instrument. Eledronic transferable records, a main concept of the model ad is an eledronic record with all the information of transferable records and being identifiable of the ETR and having relevant reliance to maintain its integrity and could be the object of contro1. But the model ad did not influence the substantive law of a respective jurisprudence as it provided not any substantive rules under the principles of equivalence etc. UNCITRAL Model Ad will be influential on national ads on negotiable instruments and transferable documents and some eledronic transadions related ads. The Eledronic Financia1 Transadion Act and the eledronic promissory act would be the most vulnerable act from the influence of the model act on ETR. As for the Eledronic Financial Transaction Act, that ad was legislated based on technology neutrality but it did not anticipated the blockchain technology, It is necessary to reshuffle the main strudure of relation between the electronic financial business and the user to introduce the blockchain related payment means into that act. And the electronic promissory note ad has been criticized for the incompleteness of that act as it was legislated based on the registry system but it has some provisions on the effect of transaction based on the transmission of eledronic data which can not solve the double payment problem. According to the Mαlel Ad on ETR. that act do not maintain the reliance on ETR and it can not secure the sin때arity of electronic promissory note and it is difficult to introduce the control based system, therefore that act need to be amended,