국제물품매매 계약에서 전자기록의 유효성에 관한 고찰

Legal Recognition of Electronic Records in the Contract for International Sale of Goods

In the contract for international sale of goods, electronic records instead of paper documents come to play vital roles for the negotiation and closing of contract between distant parties. It is necessary to review the effectiveness of electronic records. The legal recognition of electronic records is approved under USA Uniform Electronic Transactions Act, Supplement to the Uniform Customs and Practice for Documentary Credits for Electronic Presentation (eUCP) Version 1.1 and Korea Electronic Transactions Act. This paper examined retention and original of electronic records, effect of changes and errors in electronic records occurring in transmissions, the relationship between electronic records and signature, and legal recognition between electronic records and contract. In result, to be effective in the electronic records depends on the information contained in electronic records rather than relies on themselves. Electronic records will be attributed to a party if it is the act of the person, they may not contain an electronic signature. And electronic records can be effective if they comply with the requirements of Time and Place of Sending and Receipt under the Uniform Electronic Transactions Act.