2022 Volume 21 Pages 48-67
The concept of electronic signatures in the Law on Electronic Signatures and the meaning of the presumed effect of the Law were discussed intensively, not least in the so-called Article 2 Q&A and Article 3 Q&A published by the Government in 2020. However, their contents are insufficient in terms of content, as they completely ignore comparative legal analysis at the time of enactment. As there was sufficient comparative legal analysis at the time of enactment, the interpretation of electronic signatures needs to be made with a focus on international provisions and consistency. In such a case, the following features are to be observed: the analysis should be made from the signatory; the interpretation of the four requirements of the advanced electronic signature is consistent with the interpretation of the presumption effect; the person in Article 3 refers to the signatory; and the concept of electronic signature does not include the identity proofing with the actual entity. However, after looking at the provisions of the statute, the fruitfulness of the discussion is questionable and a discussion on the legal regulation of electronic identification in electronic transactions would be more useful.
