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손진화 ( Jinhwa Son ) (사)한국지급결제학회 2009 지급결제학회지 Vol.3 No.1
This article is focused on the nature of electronic negotiable certificates: electronic promissory note, electronic certificate of credit, e-money card, electronic pre-payed card, electronic document of electronic pre-payed means, digital certificate of merchandise, electronic bill of lading, electronic register in electronic registration system, etc. Electronic negotiable instrument is a certificate in which property right is embodied on electronic document, and transmission and receipt of the document are required for transfer and exercise of the right. Electronic promissory note is a alternative of paper promissory note and a sort of electronic negotiable instrument. Electronic certificate of credit is a sort of electronic negotiable instrument with limited negotiability. E-money card or certificate of digital money has a money-value in itself, and therefore it is not a negotiable instrument but simply a certificate of money. Electronic pre-payed card is a sort of electronic negotiable instruments. It represents a right for delivering of a good or a service to holder of the card, requires possession of the card for excercise of the right, and transfer of the right is transferred by simply deliver of the card. However, electronic document of electronic pre-payed means as an access device is not electronic negotiable instrument. Digital certificate of merchandise is a sort of electronic negotiable instruments, and bear certificate in which transmission and receipt of the certificate are required for transfer and exercise of the right. Electronic bill of lading is a sort of electronic negotiable instruments which is regulated as the same way to electronic promissory note. Electronic register in electronic registration system is not a sort of electronic negotiable instruments. The right registered on the registry can be transferred by electronic registry on each account to related transaction, and the registry is not required for electronic signatures. The transmission and receipt of the right are not required for transfer and exercise of the right.
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