국제거래법의 신지평 국제금융,결제,유통 UNCITRAL 전자양도성기록 규정안에 대한 비교법적 고찰 = Feature New Horizon of International Trade Law International Finance, Settlements and Distribution A Comparative Analysis of UNCITRAL Draft Provisions on Electronic Transferable Records

다국어 초록 (Multilingual Abstract)

UNCITRAL texts has influenced many countries from the legislative and practical perspective. Even on-going discussion in UNCITRAL has big implications in Korea because it will give big effect to international trade and domestic related laws. In line with such meaning, we need to look into the present discussion on draft provisions on electronic transferable records. This paper focuses on introduction of main content of the draft provisions and tries to suggest some useful implications from the draft provisions after comparative analysis between the draft provisions and related Korean laws. The draft provisions really promotes to enable document based transferable document or instruments to be used in the electronic environment. For such purpose, the core principles of the draft provisions is the principle of functional equivalence and the principle of technological neutrality. To foster such principles for electronic transferable records, the draft provisions provides various articles, such as writing, signature, control, legal recognition of electronic transferable records, delivery and endorsement of electronic transferable records, third party providers, and international interoperability of electronic transferable records. Basically, electronic transferable record means “[an electronic record] that entitles the person in control to claim the performance of the obligation [indicated] in the record and that is capable of transferring the right to performance of the obligation [indicated] in the record through the transfer of that record.” The UNCITRAL draft provisions are applicable to the following statutes: ‘Framework Act On Electronic Documents And Transactions’, ‘Issuance And Distribution Of Electronic Bills Act’, ‘Electronic Financial Transactions Act’, ‘Act On Security Over Movable Property, Claims, Etc.’, ‘Digital Signature Act’, ‘Civil Act’, etc. In general, there cannot be found to be big difference or conflict between the related Korean laws and the draft provisions. However, we need to positively respond against the possible conflicts if WG will discuss and agree to adopt more concrete standards for electronic transferable records system and third party providers.