전자문서의 법적 효력에 관한 고찰

Retention of Digitalized Documents Generated by Scanning Process

Current Korean Electronic Transaction Basic Law does not provide any clue regarding the validity of retention of digitalized documents which are generated by scanning process (“Scanned Documents”). Considering the functional equivalent approach, three important requirements are needed to recognize the validity of retention of the Scanned Documents in case where the relevant laws require that certain documents should be retained: (i) Scanned Documents identification with original paper documents; (ii) integrity of such Scanned Documents existing in the form of digitalized record after the scanning process; and (iii) authenticity of the Scanned Documents. Further, in order to promote the efficiency and cost reduction in the relevant industries, it should be presumed that a printed paper document which is produced from the Scanned Document in the form of digitalized record is an original as a paper document which existed before the scanning process, if above threerequirements can be met. Lastly, it would be prudent to consider that such presumption is limited to the Scanned Document generated in the regular course of business in order to minimize the initial risk or confusion when this new concept is introduced.