보험회사의 전자문서 작성과 보관 등에 관한 법적 검토

Remote transactions have increasingly affecting electronic commerce transactions due to developments in information technology develops and impact of COVID-19. It is projected that usage of electronic documents in financial transaction will continue to increase. Those electronic documents that are made during transactions, and stored in financial institutions serve as basis of validating certain financial transactions. Also, financial consumer information contained in such documents must be protected. Thus financial companies must abide by the procedure on creating, processing, storing, and discarding electronic documents stated in relevant law. Framework Act on Electronic Documents and Transactions (Electronic Document Act hereafter) stipulates written requirements which the electronic document can be identically effective as a paper document. That said, issues can rise on whether the electronic document itself is the original document, and if digitalized document deserves value as an evidence. Therefore, it is necessary to discuss ways to give originality to electronic documents by specifying conditions (i.e. integrity and credibility is secured when documents are created), or approving it as the original through Electronic Financial Transaction Act to acknowledge the document met standards to be seen as one. Under the Act on the Protection of Financial Consumers, financial companies are obliged to store documents that are created during financial transactions and those related to contract signing, executing and etc. The company can meet these obligations by storing documents in certified electronic document authorities, instead of meeting all of the storing requirement stated in the Electronic Document Act. In addition, financial companies should abide by obligation conduct on deletion of personal information. A legislation of having those companies to store information in the certified electronic document center can serve as alternative, instead of companies physically discarding documents containing personal credit information. Given that, it would be possible to protect information and rights of financial transaction parties as well as meeting obligations by preserving evidence of financial transactions.