UNCITRAL 자동화된 계약 모델법의 분석 및 도입에 관한 연구

The United Nations Committee on International Trade Law (UNCITRAL) adopted the “UNCITRAL Model Law on Automated Contracting” on July 11, 2024. The purpose of the Model Law is to provide a legal foundation for promoting trust in e-commerce, recognize the growing importance of automated contracting, including the implementation of artificial intelligence systems, and consider that uncertainty about the legal effects of automated contracting could hinder the development of e-commerce. UNCITRAL has been developing e-commerce regulations governing the execution of electronic contracts for the past 30 years. However, the recent adoption of automated systems based on artificial intelligence (AI) technology in electronic contracting can make it difficult to account for the actions performed by these systems and trace their outcomes back to the intentions of specific parties. These concerns raise questions about the validity of contracts concluded and executed using automated systems, namely, whether existing contract law principles can be applied to automated contracts. Thus, the Model Law seeks to provide a legal framework for automation in electronic contracting, particularly the use of automated systems to communicate and perform other actions without immediate human intervention. This article analyzes the UNCITRAL Model Law on Automated Contracts in depth and, based on this analysis, examines whether automated contracts can be comprehensively and systematically regulated under the Electronic Documents Act.