The main reason that document is preserved is because it can be presented as evidence when there is a problem related to the document. However, due to the nature of e-document, it is easier to change compared to paper document. Thus, modification to t...
The main reason that document is preserved is because it can be presented as evidence when there is a problem related to the document. However, due to the nature of e-document, it is easier to change compared to paper document. Thus, modification to the e-document during preservation and after drafting is a concern, and it is not easy to guarantee that it can continue to serve as evidence. To this, Korea established the Certified e-Document Authority in 2005 that endows public trust to the personal domain. The Certified e-Document Authority is comparable to an official certification institution, and it is the Trusted Third Party designated by the government, and it is to be responsible for the certification of the e-document and for the safe preservation of e-document for the first time in the world.
Framework Act on Electronic Commerce perceives that when an e-document is preserved at an official e-document storage site, preservation of the e-document is deemed executed according to the regulations on Sub Clause 1 or 2 of the Clause 5 of Framework Act on Electronic Commerce, and the contents of the e-document that is preserved at the official e-document storage site is presumed to be unmodified during the preservation period.
The reason that the e-document preservation of the official e-document storage site can assume powerful legal effect is because the government recognizes the official e-document storage site as the institution that plays official function through the administration process in which the government designates it as such. Thus, the issue of designating official e-document storage site is the issue that is in line with the official function of the official e-document storage site. It is necessary to consider the restriction on the new entry on the policy level to prevent indiscriminate entry of the designated institutions in the official e-document storage site business. As a measure, it is possible to make the standard for designation stronger, or to conduct preliminary designation system that is similar to the preliminary certification system, to conduct preliminary designation system.
There are only the laws related to the maintenance of the independence pertaining to the Sub Qause 6 of the Qause 9 of the 31 of the revised Framework Act on Electronic Commerce in relation to the position of the official e-document storage site and guarantee of the official e-document storage site's independence. However, clarifying the conditions is required for the government to fulfill its purported function and to consolidate legal trust as the government designated official e-document storage site.