전자상거래의 계약과 신뢰성에 대한 硏究 = Research about contract and authoritativeness of electronic commerce

다국어 초록 (Multilingual Abstract)

Did it as fast diffusion of the Internet brings one generation change that change the traditional commercial transaction room perfectly taking in 21th century.
Already exchange document between enterprise by electronic method in generalization previous transaction of the Internet, or existed in some forms home shopping, home banking etc..s, but it is before fire course several years that real time transaction is attained by broad-band.
But, it is that electronic commerce is achieved by method that exchange goods or services using various electronic medium between enterprise, independent organization such as government agency or organization and individual in age now.
Finally, utilization of the Internet has accomplished transaction action most of human in the Internet by means that actualize transaction being popularized and is generalized.
Is having 25 million Internet users in our country now, and broke through ADSL 20 million return boat, and pass over worldwide 500 million people.
Is appearing as the new mayor who the Internet overcomes regional, spatial limit of the market escaping way of simple Information-Communication actually.
When these phenomenon compares with existent communication network in side that market security that enterprise is economic performance for ultimate telesis called profit acquisition should be decided beforehand, spread of Internet electronic commerce is thing which gore by rightful result.
Together, is understood because flowing of money includes customer marketing, advertisement, supply, service etc. as well as accompanied usual commercial transaction.
That have a lot of dysfunctions that is derived from it while there is positive page that give our human convenience of life of development of computer is truth.
Crime who use computer specially among them is appeared by another social problem.
Damage type that is happened in these info-communications media is various by electronic commerce malice, hacking (system infringement accident), scatter of virus, Cyber Terror, personal information infringement, information of insider who is mistaken, mistaken email etc.
This is actuality that is shown aspect that extent and importance of the damage are serious than infringement by crime that happen from actuality space and crime of off-line is changed to on-line.
Specially, crime such as Cyber Terror is counted as important criminal act so much so that is connected directly with national security of the country.
Specially, country importance institution talks that there are a lot of possibilitys to become hacker's main target, and withdrawal that attempt hacking in the Department of Defense actually is passing over 13,000 situations between year.)
Therefore, research purpose of a treatise analyzes characteristic and type and actual conditions of electronic commerce crime and is that consider countermeasure plan about it.
Must recognize taxation connected with transaction through the Internet, fry bur news sheet lake and computer crime (forgery of electronic documents change crime etc..) etc. exactly and solve the problems to grasp actually appeared problem.
In fact, new crime type that arrival of information-oriented society did not expect entirely on existent industrial society is appearing and should progresses as part of effort to control this effectively.
By the way, because legislation chisel to punish injuria from cyber space that appear newly on information-oriented society was not readied properly, is showing chaos physiognomy that do not punish cyber crime effectively.
Because public peace circumstance of cyber space is worsened as go, is becoming cause that interrupt information-oriented society.
Therefore, each enterprise or little people does as can do enterprise activity freely such as active and scientific police action from cyberspace, and try so that individual user can run imagination life safety and everybody will have to have eyes of watch.
Therefore, this research wishes to solve contracts of electronic commerce and problem of authoritativeness through analysis of various data that appear in literature research of existent research and real taking into account this actuality.
Format of substance of this research is introduction in 1, and after analyze present condition and problem of electronic commerce in 2, and investigate actual conditions and type of electronic commerce crime in 3, 5 consider authoritativeness destruction prevention countermeasure of electronic commerce after examine specific electronic commerce connection legislation and contract in 4. And 6 are conclusion.
Although electronic commerce is system that is quick and does conclusion of correct transaction contract, robotization of disbursement settlement etc.. useful function conclusively, economical, is knowing a lot of problems socially and legally.
As information is propeled, convenience of commercial transaction enlarges, but danger that information of accumulated individual is leaked in connection with great so much.
Accordingly, problem of optimum administration of information and individual's fry bur news sheet lake appears by important question.
Together, computer crime is increasing day by day as information-oriented society is propeled.
Specially, infringement about computer program becomes an issue, there is possibility to appear by social problem that forgery·modulation of EDI program by hacking etc.., back is serious regarding electronic commerce.
In this research paper, consider countermeasure about electronic commerce crime facing in these problem.
First, by historical spot countermeasure for electronic commerce historical book, will consider courtesy call activity to consumers, and raise consciousness level of consumers, and may have to unfold education and public relations about businessman.
Together, will have to carry national thank system and International Cooperation strengthening, and when consumer suffered damage, I will speak that need full equipment of certification system so that damage relief of consumer may be certain.
And will have to plan chase of the investigation institution and elevation of watch ability.
Secondly, it is social countermeasure through trust, trust may rouse promotion of exchange of information-oriented society and efficiency of economic action mutually with belief in electronic contract.
Therefore, social climate that do it so that contract that accompany belief may be established is expected.
Specially, belief may have to keep truth that rule itself is concluded as cooperation that is necessary in contract based on authoritativeness of other person is helped in mind.
Third is law as conected and by model law about electronic commerce to electronic documents as law and merit countermeasure by regulation of law.
Electronic commerce is that cool-headed application and practical use of fundamental law are expected to existent jurisprudence.
When see legal side of electronic commerce action, must understand point that juristic act that is not contract such as side and individual action that grasp electronic contract itself to wider concept including transaction of electronic method through data processing device and network is held by electronic method.
And it is real condition that understand electron transaction to more comprehensive concept in terms of can attain as electronic because notice of a doctor who is giving juristic act or notice of idea is done program Tuesday in electron transaction.
Therefore, problem of effectiveness of electronic commerce is applying with appropriate principle of contract freedom that contract by mutual agreement between person concerned is concluded regarding organization of contract in the most country including our country, and is prescribing that must not deny effectiveness of the contract and execution power because data message was used for contract organization in U.N. international trade law committee's model law article 11.
Practical use of electronic commerce is activated in social each field such as administration, industry, society, culture on information-oriented society actually.
It competition order acts at the center and use of information will be important truth first of all.
By the way, will have to consider truth that can pass wrong information or contorted information to other person to win in competition on information-oriented society.
And under this distortion, mistake information the convenience done contract and transaction socially amulet use make.
Finally, it of courses that cause result that legal contract basis or performance problem that have defect augments transaction cost and increase expense of formality and other additional expense by various document creations, each side signature authentication, authorities' authentication back criminal problem is derived there.
Problem of important belief appears first of all at cyber, this is agreed performance, and this emits harmony in sincerity and honesty.
However, egoistic mind motion is can cause big problem in own profit dress.
Contract that is contracted when is insincere and is not honest can not but be annuled.
So, it is that belief becomes virtue essential factor of contract, and when this is backed, all social contracts are fulfiled in accordance with prospect and social harmony and prosperity are helped.
Trust and belief are basis essential factor of efficient operating system mutually in economic activity, and efficiency and exchange are enlarged as these belief is high.
Specially, trust may rouse promotion of exchange of information-oriented society and efficiency of economic action mutually with belief in electronic contract.
And must solve principle of law (dispatch of a message and arrival especially organization of transaction and problem of end visual point, shortage of expression·defect etc..) about electronic declaration, document sex of electronic documents, problem of electronic sign, responsibility (responsibility about robbery of access device·loss or forgery·modulation, problem of mistake solution) of electronic commerce person concerned, legal question about institution functional disease, domain name and trademark r etc. jurally.
Must solve problem of taxation connected with transaction through the Internet, fry bur news sheet lake and computer crime (forgery of electronic documents change crime etc..) etc. by method of construction.
Fair Trade Law and relation with consumerism law, jurisdiction and dispute processing formality are subject to solve additional.
Effort that arrival of information-oriented society controls this effectively because new crime type that did not expect entirely on existent industrial society is appearing is gone.
By the way, because legislation chisel to punish injuria from cyber space that appear newly on information-oriented society was not readied properly, is showing chaos physiognomy that do not punish cyber crime effectively.
Because public peace circumstance of cyber space is worsened as go, is becoming cause that interrupt information-oriented society.
Therefore, it is full equipment and reinforcement of method system that can control cyber crime effectively.
Is corresponding in various crime aspect that happen from cyber space to actual jurisprudence but have various limit.
Need synthetic and systematic examination about relevant law rate such as electro communication fundamental law as well as existent criminal law and Criminal Suit Act and full equipment.
Together, it is strict law execution and same time of cyber moral principle education.
By running parallel cyber moral principle education together with strict law execution about cyber offender to gain depression effect of punishment and improve moral earth's crust ability cyber latency offender line be can and this can bring decrease of cyber crime for long-term.
Proposal such as singularity is suggestion of writer anywhere.
There is that progress research political data lacking or unexhausted part subsequentness research expect.

목차 (Table of Contents)

• 목차 = i
• 제1장 序論 = 1
• 제1절 연구의 배경 및 목적 = 1
• 제2절 연구의 범위 및 방법 = 3
• 제2장 전자상거래의 현황과 문제점 = 5
• 제1절 전자상거래의 현황 = 5
• 제2절 전자상거래의 문제점 = 12
• 제 3 장 전자상거래범죄의 실태와 유형 = 15
• 제1절 전자상거래범죄의 영역구분과 그 실태 = 15
• 제2절 전자상거래범죄의 유형 = 18
• 제4장 전자상거래 관련법규와 계약 = 20
• 제1절 전자거래에서 계약의 성립 = 20
• 제2절 새로운 인식의 범주와 법규 = 29
• 제3절 구체적인 구분과 조항 = 30
• 제 5 장 전자상거래에서 신뢰성 파기 방지대책 = 37
• 제1절 전자상거래사기에 대한 사적 대책 = 37
• 제2절 전자상거래사기에 대한 공적 대책 = 39
• 제3절 信賴를 통한 사회적 대책 = 41
• 제4절 전자거래시 계약체결의 효율화 대책 = 43
• 제5절 계약상 법률문제의 구체화와 정책방향 = 45
• 제6장 결론 = 50
• 〈參考文獻〉 = 54