전자거래의 재판관할에서 Zippo 슬라이딩 스케일 적용의 한계에 관한 연구
A Study on the Limitation of Zippo Sliding Scale Application under International Jurisdiction of Electronic Transactions
The Internet is a powerful medium that has facilitated enormous commercial growth in the global market and significantly altered the economy. As more businesses conduct commercial transactions online with parties located in foreign jurisdictions, businesses increase the risk of being subject to suit in numerous jurisdictions. They, in the past days, developed heated discussions which country would jude the cases or what law should be applicable in case there was any controversy among the trade. But it is getting complicated for trades by Internet in cyberspace where the borders have no meaning if it has to be put on trial by international jurisdiction. Therefore, the world is under debate about many kinds of problems on electronic trade. In the United States, the most leading case is Zippo Manufacturing Company v, Zippo Dot Com., Inc case that created a sliding scale to determine when a court may assert jurisdiction over a defendant based on the defendant"s Internet contacts with the forum. Under the sliding scale, the characteristics of the Web site and the nature and quality of commercial activity conducted on the Web site will determine whether the court may assert jurisdiction. Although Zippo was a specific jurisdiction case, courts have used the Zippo sliding scale to determine general jurisdiction as well as specific jurisdiction. So, the sliding scale is insufficient to determine whether a defendant has created substantial and continuous contacts with the form. Therefore, doing business in cyberspace Korea"s companies that to structure themselves optimally and to minimize potential undesirable liability, Internet companies must consider the significance of their multinational character including especially the Unites States.
국제재판관할 . 인적관할권 . 특정재판관할권 . 일반재판관할권 . Zippo 슬라이딩 스케일 . 효과분석접근법 . International Jurisdiction . Personal Jurisdiction . Specific Jurisdiction . General Jurisdiction . Zippo Sliding Scale . Effects-Based Approach.
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