전자서명 관련 법제의 개선과제에 관한 일고찰

Various laws have been passed internationally to facilitate commerce by the use of electronic massages and signatures in interstate and foreign commerce. The intent is to ensure the validity and legal effect of contracts entered into electronically. For instance, electronic signature definitions of E-Sign'(Sec 106) are the term electronic signature means a method of signing an electronic message that identifies and authenticates a particular person as the source of the electronic message and indicates such person's approval of the information contained in the electronic message. In the view point of UETA(Sec. 2) is that's means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record, In the other hand, an electronic bill of lading is a simple bill of lading but it is provided (or the transaction takes place) through electronic means. These are electronic signature, and the information is transmitted electronically. This has been able to take place through electronic messages. According to the electronic signature acts in Korea, this law applies where electronic signatures are used in the context of commercial activities and for the purpose of this law electronic signature means data in electronic form in, affixed to or logically associated with, a electronic message, which may be used to identify the signatory in relation to the electronic message and to indicate the signatory's approval of the information contained in the electronic message.