국제전자상거래의 재판관할 결정기준에 관한 고찰

Consideration of Criteria for Determining Jurisdiction in International E-commerce

The explosive impact of the Internet has many unresolved issues remaining in determining personal jurisdiction， which is a fundamental legal threshold in order to pursue one’s legal rights. Four principal models for testing jurisdiction in international e-commerce; "effect test", "zippo test", "targeting test", "ALS Scan test", have been used by many courts in the US. After summarizing the backgrounds of these tests, this article demonstrates that courts have been analyzing cases with a combination of the these tests Therefore, it is very important to know specific requirements and situations that meet the criteria for determining jurisdiction in international e-commerce with reference to the US cases. Knowing these requirements and situations, parties of e-commerce would have the ability to actively respond to trends in US cases. In addition, policy makers and governments will need to address specific requirements and situations to meet criteria for determining jurisdiction. This higher level of enforcement jurisdiction will help foster predictability and certainty necessary for the growth of e-commerce on the Internet.