Contract Set Up In The South Korean Electronic Transactions

I. Background, intention and the scope of the studyingWith the development of information and communication technology, especially the development of networking technology, the consumers' (parties of transaction) way of shopping (way of transaction) has also changed (traditional aspectant trading â†' purchasing for commodities and services at any time and anywhere, surpassing time and space â†' buying commodities in the virtual world). Under such an environment of development, E-trade becomes a new trend for global trade in the 21st Century. With the rapid development of communication and computer technology, new ways of transaction without the limitation of time and space have emerged. Such new methods of trade have lead to the diversity, massiveness, creditization and globalization of transactions. We can predict that such kind of e-trade development will bring about changes in people's life style and their way of thinking. And this kind of changes will influence the field of justice.Since China and Korea established diplomatic relation in 1992, many Korean companies have entered into China's market. The economic communion between the two countries is expanding ever since. The e-trade-related economic communion has already come into existence. As of today, there is no established laws or regulations regarding the e-trade issue in China. This has become a negative factor affecting the development of e-trade. Therefore, this thesis has studied the phenomena happened in the juristic field, and its relations with the establishment of the contract of e-trade, while introducing relevant laws and regulations relating to e-trade in Korea,and reviewing the provisions of China's laws. The studying process is:Characteristics of e-trade contracts↓Status of the legislation of e-trade and e-contract↓Introducing the meaning of e-media with 3 kind of approaches↓Results and ascriptions of e-introduction↓The phases for signing a contract ↓The establishing and canceling of e-contract in e-trade activities↓Methods of paying in e-trade↓Reference to China's e-trade legislation↓ConclusionII. Features of e-contracts1. unwritten ways of key factorsWith the theory of "functional equivalent" comes into existence, the Law of E-trade Demonstration of the UN International Trade Committee has adapted the theory. Korea has set up laws for e-signature and basic laws for e-trade, to give certain authority to the e-documents and e-signature (see Article 3 of the Law of E-signature and Article 5, 6 and 7 of the Basic Laws for E-trade).2. The automation of e-tradeWith the development of computer technology, introduction, transaction and the conclusion of a contract can be done through predetermined format by two hosting machines. The negotiating process and even the fulfillment of the final transaction can be done without the intervention of human factors. This may leads to the case that the user of a computer do not know the conclusion of a contract signed by the computer, therefore, compared with traditional concept of transaction, is this a formal contract? Addressing this problem, the United States has laid out a system of e-agents, in order to deal with the new concept.3. The characteristics of legislation - international standardizationThe legislation on e-trade is being discussed among countries all over the world and international communities. From those countries that already have the laws and regulations, we can find some features that are not contained in the traditional legislations. This is the international standardization. E-trade is the transaction in the virtual world, if each of the countries applies different laws and regulations, these regulations would become an obstacle.4. The juristic relations among most partiesE-trade is kind of special transactions participated by suppliers, buyers, communication operators, owners of virtual stores, e-certification agencies, e-currency issuers and a pluralit...