인터넷상거래상의 분쟁사례분석을 통한 효율적인 사이버법률구성모델에 관한 연구

Abstract

Legal rules applying to the commerce and international commerce in particular contracts, proper law, jurisdiction and so on, have improved with time and experience. Engaging in e-commerce on the World Wide Web may expose the company to the risk of being sued in any foreign country where Internet user can establish a legal claim. The modern law of contracts is highly sophisticated and difficult to understand. With contracts created in cyberspace, the basic rules are no difference that we can find. However, there are situations in cyberspace that are altogether new and to which the existing rules cannot apply. Here uncertainty and business risk is too high for trading partners to deal with certainty. Therefore existing law must change to cyber law so that it provides certainty and enforceability over cyberspace trade. Global solutions to international e-commerce transactions will depend on the revisions and developments of international law to accomodate the cyber via the internet. Gobal organization such as OECD, UNCITRAL, WTO, ICC, APEC and so on, are all working in this direction. The purpose of this paper is to study the enactment of cyberspace law in the global organization and each nation, to research the cases of disputes on the Internet Commerce and to find the model constructing efficient cyber law in regard to cyber contract law and governing law and so on, to streamline the e-commerce and to prevent trading partners from conflicting each other due to the legal problems.