전자계약을 위한 eTerms 2004와 Guide To eContracting 개정에 관한 연구

초록

Purpose: At the time of discussing the E-Contract Convention, the ICC issued separate eTerms 2004 and Guide To eContracting in 2004, on the ground that it would be appropriate to take the form of the guide rather than that of the agreement. However, since no revisions have been made after enaction, this paper examines eTerms 2004 and Guide To eContracting and discusses the direction of revision to maintain its purpose in line with the E-Contract Convention. The purpose of the research is to contribute to the effective conclusion of e-contracts by the parties. Composition/Logic: This paper is composed of five chapters. Chapter I describes the background of the research and the purpose of the research as an introduction. Chapter 2 explains the previous research and the background of the introduction of eTerms 2004. Chapter 3 covers the contents of eTerms 2004 and Guide To eContracting. Chapter 4 derives the direction for revision of eTerms 2004 and Guide To eContracting. Chapter 5 concludes this paper. Findings: Article 1 of e-Terms 2004 addresses contractual agreements through electronic messages, acceptance as evidence, and equivalence of electronic messages. These regulations should be revised as three separate provisions and in accordance with the E-Contract Convention. Article 2 which is about the dispatch and receipt should be amended in conformity with the contents of the E-Contract Convention. And, regulations on offer and invitation to offer should be established. Guide to eContracting should also exemplify the standard terms and conditions and standard electronic contracts relating to the adoption of eTerms 2004. Originality/Value: To increase the ease of eCotracting by trade parties and to enhance the usability of eTerms 2004 and Guide To eContracting, and to enable eTerms 2004 and Guide to eContracting to serve as a gap-filler between the E-Contract Convention and the e-contract practice, the direction of revisions of eTerms 2004 and Guide To eContracting in line with E-Contract Convention has been discussed. In this regard, the originality and value of this paper could be acknowledged.

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