URDTT 기반 디지털 무역 거래에서 금융서비스제공자 지급 확약의 법적 성격에 관한 연구

A Study on the Legal Nature of Financial Service Providers’ Payment Undertakings in URDTT-Based Digital Trade Transactions

Purpose – This study examines the legal nature of the ICC Uniform Rules for Digital Trade Transactions (URDTT, 2021), with particular emphasis on the Payment Undertaking of Financial Services Providers (FSPs). It compares URDTT’s data-driven framework with traditional trade finance instruments governed by UCP 600 and URDG 758, and evaluates its consistency with the UNCITRAL Model Law on Electronic Transferable Records (MLETR, 2017). The study further assesses the compatibility of URDTT with Korean electronic document and financial laws. Design/Methodology/Approach – The study employs a doctrinal and comparative legal methodology. It analyzes URDTT provisions concerning electronic records, receipt, examination, and payment triggers, while cross-referencing the MLETR principles of functional equivalence and control. ICC official commentaries, international practices on electronic transferable records, and relevant Korean statutory frameworks are examined to identify legal convergence and friction. Findings – The analysis finds that FSP Payment Undertakings under URDTT differ fundamentally from letters of credit and demand guarantees, functioning as data-conditioned independent undertakings triggered by verified electronic records rather than document-based compliance. While URDTT is largely consistent with MLETR, regulatory gaps remain in Korean law. Research Implications – The study contributes to digital trade finance theory by refining concepts of independence and compliance, offers practical guidance for digital platform design, and highlights the need for harmonizing domestic law with URDTT–MLETR standards.