전자상거래법에 대한 주요국의 제정현황과 한국에서의 제정방향

The enactment of E-Commerce Law in Major Nations and the Enactment Directions of E-Commerce in Korea

The Enactment of E-Commerce Law in Major Nations and the Enactment Directions of E-Commerce in Korea. Legal rules applying to the commerce and international commerce must be different form the legal rules applying to the e-commerce and e-trade in view of contracts, proper law, jurisdiction and so on. Under the existing rules, the companies engaging in e-commerce on the World Wide Web may be exposed to the risk of being sued in any foreign country where Internet user can establish a legal claim. As there are situations in e-commerce that are altogether new and to which the existing rules cannot apply, existing law must be revised and changed to e-commerce law so that trading partners cannot be faced with the problems in regard to the e-commerce. Global organizations such as OECD, UNCITRAL, WTO, ICC and so on, are all working in the revisions and developments of international model laws or directives to accomodate the e-commerce. Also America, EU and Japan have revised the existing laws and have made the new rules such as UCITA, UETA in case of America. The purpose of this paper is to study the enactment of e-commerce law in the major nations and to present the enactment direction of e-commerce law in Korea to streamline the e-commerce and to prevent trading partners from conflicting each other due to the legal problems.