전자거래에서의 전자서명법률에 관한 한미간 비교연구

Comparative analysis of electronic signature law in E-commerce between the U.S. and Korea

With rapid growth of E-Commerce, these problems have been occurred non-contract, the person's identity and authenticity of electronic documents etc.. To resolve these problems the UNCITRAL was established MLEC and MLES, CUECIC. These Model law has served as the basis for electronic signature and electronic commerce legislation at the federal and state levels in the United States and other countries. The purpose of this study is to analyze the law of U.S. on the basis of electronic signature and to suggest the desirable guideline of the Korea' law to come out well electronic transaction. The results of this study indicated that the law of Korea have focused on an authorized certification authority' electronic signature and duty of the government and public certification authority. Such as authorized certification authority' electronic signature, no less important is legal effect of electronic signature by related parties' agreement. Further, the law of Korea are required to define exactly the concept of electronic documents and electronic signature, are necessary to define parties' duties in error, mistake of electronic transaction.