양도가능 전자기록에 관한 UNCITRAL모델법과 한국법에 대한 시사점

초록

Purpose: It is timely to examine whether existing Korean laws embrace the requirements of the model law prior to enacting relevant laws based on the Model Law. Therefore, this paper examines the contents of the Model Law on Electronic Transferable Records, examines whether it could be accepted in the existing Korean law, and contributes to the amendment of relevant laws in accordance with the purpose of the Model Law in the future. 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 process in enacting the Model Law. Chapter 3 evaluates the contents of the UNCITRAL Model Law on Electronic Transferable Records. Chapter 4 provides key implications of the Model Law. Chapter 5 concludes this paper. Findings: First, as a legal basis for the introduction of electronic bill of landing, Model Law on Electronic Transferable Records is prepared, which will be a turning point for spreading e-Trade. In addition, the Model Law stipulates the prohibition of discrimination of foreign electronic transferable records. In Korea, according to the Issuance and Distribution of Electronic Bills Act, the Electronic Financial Transactions Act, and the Commercial Act, the electronic bill, the electronic bond, and the electronic bill of lading should be registered. Therefore, those issued in a foreign country can not be recognized as legally valid. Originality/Value: All of the previous studies have been focused on the drafts before the completion of the Model Law in 2018. Since there is a significant difference from the current Model Law and existing drafts, this paper is different in that there are few articles that study the current Model Law. Also, In this study, the implications for the Issuance and Distribution of Electronic Bills Act, the Electronic Financial Transactions Act, and the Commercial Act regarding the introduction of the electronic transferable records are derived.

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