UNCITRAL 전자계약협약상의 전자적 통지와 증거가치

United Nations Commission on International Trade Law has agreed as follows in United Nations Convention on the Use of Electronic Communications in International Contracts, whose Article 8·9·10·11·12 in its Chapter Ⅲ are very important contents in connection with the burden of proof, which is based on the Code of Civil Procedure of Korea : Article 8(Legal recognition of elec-tronic communications) 1. A communication or a contract shall not be denied validity or enforceability on the sole ground that it is in the form of an electronic communication. 2. Nothing in this Convention requires a party to use or accept electronic communications, but a party’s agreement to do so may be inferred from the par-ty’s conduct. Article 9(Form requirements) 1. Nothing in this Convention requires a communication or a contract to be made or evidenced in any particular form. 2. Where the law requires that a communication or a contract should be in writing, or provides consequences for the absence of a writing, that requirement is met by an electronic communication if the information contained therein is ac-cessible so as to be usable for subsequent reference. 3. Where the law requires that a communication or a contract should be sign-ed by a party, or provides consequences for the absence of a signature, that re-quirement is met in relation to an electronic communication if: (a) A method is used to identify the party and to indicate that party’s in-tention in respect of the information contained in the electronic communication; and (b) The method used is either: (i) As reliable as appropriate for the purpose for which the electronic commu-nication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or (ii) Proven in fact to have fulfilled the functions described in subparagraph (a) above, by itself or together with further evidence. 4. Where the law requires that a communication or a contract should be made available or retained in its original form, or provides consequences for the absence of an original, that requirement is met in relation to an electronic com-munication if: (a) There exists a reliable assurance as to the integrity of the information it contains from the time when it was first generated in its final form, as an electronic communication or otherwise; and (b) Where it is required that the information it contains be made available, that information is capable of being displayed to the person to whom it is to be made available. 5. For the purposes of paragraph 4 (a): (a) The criteria for assessing integrity shall be whether the information has remained complete and unaltered, apart from the addition of any endorsement and any change that arises in the normal course of communication, storage and display; and (b) The standard of reliability required shall be assessed in the light of the purpose for which the information was generated and in the light of all the relevant circumstances. Article 10(Time and place of dispatch and receipt of electronic communica-tions) 1. The time of dispatch of an electronic communication is the time when it leaves an information system under the control of the originator or of the party who sent it on behalf of the originator or, if the electronic communication has not left an information system under the control of the originator or of the par-ty who sent it on behalf of the originator, the time when the electronic commu-nication is received. 2. The time of receipt of an electronic communication is the time when it be-comes capable of being retrieved by the addressee at an electronic address des-ignated by the addressee. The time of receipt of an electronic communication at another electronic address of the addressee is the time when it becomes capable of being retrieved by the addressee at that address and the addressee becomes aware that the electronic communication has been sent to that address.