국제계약에 있어 전자통신 사용에 관한 유엔 협약초안상의 적용영역에 관한 최종 수정안과 최종 초안간의 비교

A study between a final version and final draft on the scope of application under draft convention on the use of electronic communications in Int'l contracts

전자시대에 필요한 통일된 협약이 유엔국제무역법 위원회에 의해 최종적으로 초안이 되었는바, 최종초안의 경우 당사자들 간에 이루어지는 전자통신의 법적효력은 물론이고 기존 국제무역협약 하에서 교환되는 전자통신에까지 적용되는 유일한 전자상거래협약이다. 특히 협약의 규정 가운데 적용영역에 관한 한 작업반이 그 간의 토의과정을 반영하여 제시한 최종수정안과는 다른 방향으로 대폭 수정하여 최종적으로 초안되었다. 본 논문은 복잡하면서도 중요한 적용역영에 관해 최종수정안과 최종초안간을 비교한 논문이다.

The Working Group which established by UNCITRAL, at its thirty-ninth, held in New York from 11 to 15 March 2002, had begun its deliberation on the preliminary draft convention by holding a general exchange of views on the formation and scope of the instrument. Since that, it already held the fifth meeting. At last draft is completed by the Working Group and now entered on its last phase as much as UNCITRAL's expression for the efforts by the Working Group in the draft convention provisions aimed at removing possible legal obstacles to electronic commerce that might arise under existing Int'l trade related instruments as a stand-alone convention dealing broadly with the issues of contract formation and performance therewith in electronic commerce. As far as unusual change has happened to it, it will be adopted by UNCITRAL at its thirty-eight session to hold on coming summer. Therefore, according to adoption and taking effect on ratification, our businessmen keep in mind that draft convention basically applied to electronic commerce in contracting with the formation and performance of Int'l contracts, if both parties were located in different states without all qualifying elements to the scope of application of it except for declarations on the scope of application under article 18, and also that applied to electronic commerce in connection with all other existing int'l conventions except for special declarations on the exclusion of the scope of application under article 20. At time of new draft's departure, our government do not hesitate its ratification and has to make it as much haste as in order to adopt businessmen to new draft.