전자문서의 원본성에 대한 입법론

The current Electronic Documents Act stipulates the legal effect of electronic documents, stating that legal effect is not denied simply because electronic documents are in electronic form. However, as there are many regulations requiring original documents in individual laws, the practice of creating, submitting, and storing disposal and transaction documents in paper documents has not disappeared. As a result, physical space and various costs increase along with the waste of resources for printing and storing paper documents, resulting in administrative inefficiency and public inconvenience. In order to solve this problem, it is necessary to provide authenticity regarding the existence and establishment of the original by establishing new regulations on the originality of electronic documents in the Electronic Document Act. However, the originality of an electronic document is a question of which one will be recognized as the original when a paper document and an electronic document coexist, and what requirements must be met to be recognized as an original when individual laws require the original (or authentic copy, certified copy). is a problem. Since the discussion on the originality of electronic documents is related to “submission and storage of originals as prescribed by relevant laws and regulations,” it is necessary to clarify the relationship between the originality of electronic documents and storage requirements to resolve the controversy over the interpretation of the legislative system and provisions of the Electronic Documents Act. There is. In addition, the practice of trusting only paper documents, considering them to be the original, still persists. As such, the controversy over originality under the Electronic Documents Act is due to insufficient legal regulations and existing transaction practices. This study examines issues and overseas legislative examples regarding the originality requirements for electronic documents and presents a legislative theory based on this.