電子契約에서의 法律問題 - 소비자보호측면에서 -

• 영문명: Legal Issues in Contract via Internet - in consumer protection -
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 최병록(Byung-Rok Choi)
• 간행물 정보: 『비교사법』비교사법 제12권 2호, 305~342쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

Electronic Commerce(EC) as contracts via the Internet have been on the increase and consumer damage also has been on the increase year after year. To permit consumers and merchants to advantage of the potential benefits of contracting via the Internet, it may be necessary to examine or reconsider certain laws governing commerce. First, questions have been raised over whether electronic data can be used as evidence, whether electronic communication can be taken as official and the Web site or e-mail correspondent really represents the name given. Such questions should be discussed along with issues of digital contracts concerns rules on. Other issue related to the effectiveness of electronic contracts concerns rules on when and how contracts become enforceable when using electronic mail for acceptance of an offer. Whether the traditional sending system applies or net yet clear. Digital products sold via electronic commerce will create particular challenges for many existing laws. Moreover, the status of click wrap or shrink wrap licenses, which require consumers to abide by certain conditions prior to consuming, may violate basic consumers right to redress. For Internet transactions, consumer protection rules is not yet established. It is net yet clear whether the rules that apply for physical market transaction also applies for electronic transactions. It may be necessary for rules on nullification, cancellation and cooling off applicable even to cross-border transaction. In this respect, it is also necessary to clarify the liability of the bodies involved in transaction. Merchants, network service provider, payment system operators, and consumers may have rules for sharing responsibility in the case of damages due to the transaction. Also, an international initiative may be necessary to establish co-ordinated rules for treating legal aspects of electronic contracts or legal documents, given the high potential for cross-border electronic commerce on the Internet. The initiative taken by the United Nations Commission on International Trade Law(UNCITRAL) for Electronic Commerce constitutes an example of a successful initiative in this context.

목차

Ⅰ. 序論

Ⅱ. 電子去來와 消費者保護

Ⅲ. 電子契約의 成立問題

Ⅳ. 電子契約의 效力問題

Ⅴ. 結論 - 소비자보호방안

[참고문헌]

【Abstract】