South Korea

From eSignatureLegalWiki.org

South Korea
Legislation:	Digital Signature Act n. 5792
Status:	Enacted
Year Enacted:	1999
Require Smart Cards:	No
Require Time-Stamping:	No
Excluded Documents:	None
Case Law:	None

Contents 1 History 2 Overview 3 Legislation Definitions & Excerpts 3.1 Electronic Signature Definitions 3.2 Requirements Pertaining to Electronic Signatures 3.3 Excluded Documents 4 Case Law 5 References

History

In 1999, South Korean adopted the Digital Signature Act n. 5792. In 2001, the act was revised and affected by UNCITRAL Model Law on Electronic Signatures and EU Directive 1999/93.

Overview

Legislation Definitions & Excerpts

Article 3 (Effect, etc. of electronic signature) 1) When a signature, sealed signature or sealed written name is required to be given on a document or paper by another law, such requirement shall be deemed to be met if an electronic document contains an authorized electronic signature.

Electronic Signature Definitions

"Authorized electronic signature" means an electronic signature that is based on an authorized certificate and meets the requirements contained in the following clauses:

• The electronic signature-generating information reverts only to the relevant subscriber;
• At the time of signing, the relevant subscriber governs and controls the electronic signature-generating information;
• After the electronic signature has been given, it is possible to verify whether any change has been made in such electronic signature; and
• After the electronic signature has been given, it is possible to verify whether any change has been made in the relevant electronic document.

Requirements Pertaining to Electronic Signatures

Excluded Documents

Case Law

• Unknown

References

None.