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South Korea has legally recognized eSignatures since 2013 with The Digital Signature Act. This Act provides a framework to secure the safety and reliability of electronic messages and to promote their use, thereby stimulating the use of electronic records and communications on a national level and advancing social benefit and convenience.
The Digital Signature Act provides the basic guidelines for eSignatures as well as the legal validity, enforceability and accessibility of them in agreements and contracts.
South Korea has a tiered eSignature legal model and recognizes digital signatures as a distinct type of eSignature.
eSignatures are valid in South Korea as long as certain guidelines stated in The Digital Signature Act are met. An important requirement is for the eSignature to be identifiable to the signatory and associated with the signed document. Additional documentation may need to be provided in court to prove a valid contract.
In some stances when the digital signatures are required, they need to meet the following criteria to be equivalent to handwritten signatures.
The tiered eSignature legal model in South Korea allows companies to select the type of eSignatures to use while conducting their business.
eSignatures are not recommended for: