전자거래 규정의 민법 편입 제안

Incorporation into Civil Law of Electronic Transaction Regulations

Recently the current requite of civil law revision asks the foundation of the Committee of Civil Law Revision and it is going to revise civil law gradually by 2012. Civil law revision program considers that regulations concerned with electronic transaction should be assigned into civil law. Its background is that Germany and France which are the primary countries of continental civil law, and Japan have accepted the changes appeared by electronic transaction into their civil law. Korea also signed “Convention on the Use of Electronic Communications in International Contracts of United Nations Commission on International Trade Law (UNCITRAL) on Jan, 15. 2008. This is to overcome the limitation of UNCITRAL Model Law on Electronic Commerce that is only international law to regulate electronic transaction law and to solve the legal problem concerned with the use of the means of electronic communication related with international contract. This research investigates and compares civil law of continental law countries that have the similar legal system as Korea and the contents of UN electronic transaction contract agreement that will have the effect in Korea. On its basis, this paper is to examine the contents and the way of the regulations concerned with electronic transaction assigned into civil law within the extent suitable with the general principles of Korean civil law and to suggest an appropriate drafts.