UCITA의 평가와 우리 법제에서의 전망

The Evaluation and Adaptability of UCITA

Although UCITA was invalidated as a uniform, legal theory in UCITA is still valuable for digital information contract. The cause of the repeal of UCITA is that it failed delicate balancing between user s interest and right holder s protection. This failure shows us that it is too early to codify perfectly legal structure for digital information contract. In my opinion, Korean Civil Law can not regulate ideally every cases about digital information contract. I think it is a blind faith that interpretation of civil law can solve perfectly the problems rising in digital information contract. Therefore we should search for new legal standard to regulate it ant way. This paper suggests the steps for making a legal standard; ① to analysis the contents of UCITA, ② to classify whether the provisions can be received or not, ③ to modify this provisions can be received for our legal system, ④ to codify new provisions that is proper for our traditional legal structure.