“UNCITRAL 전자양도성기록 규정안”에 대한 고찰 - 제47차 UNCITRAL WG IV 논의를 중심으로 -

Abstract

UNCITRAL has affected to many countries through its various texts including the Model Law on Electronic Commerce, the Model Law on Electronic Signature, and Electronic Communications Convention, etc. Korea as a leading country in the field of electronic commerce adopted many provisions from UNCITRAL texts. i.e Framework Act on Electronic Document and Electronic Transaction, Act on Electronic Signature. The ongoing issue about new “Draft provisions on electronic transferable records” would have high possibility to give an impact to many countries. The draft provisions was first introduced in the 47th Working Group Ⅳ(New York, 13-17 May 2013). Electronic transferable record means “a record used in an electronic environment that is capable of transferring the rights incorporated in the record through the transfer of the electronic record itself.” Once the draft provisions will be enacted, it is expected to have big effect to Korea too. Of course, it takes so long time to finish legislation process in UNCITRAL. However, even discussion about draft provisions on electronic transferable records would be helpful for Korea to contemplate new legislation or amendment to existing laws. This paper is expected to contribute to make it possible to legislate integrated online and offline transferable records system.