전자상거래분쟁과 ADR

• 영문명: The Alternative Dispute Resolution in Electronic Commerce
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 옥무석(Moo-Seok Ok)
• 간행물 정보: 『비교사법』比較私法 제13권 제2호, 1~30쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.01

영문 초록

  The alternative resolution on the disputes arising from the electronic commerce was treated as one of the effective mechanisms ever since the electronic commerce was been introduced into Korea. The meditation scheme was made a consensus as the most effective alternative dispute resolution system during the law - making process of the Basic Electronic Transactions Act. The important points which meditation scheme is considered as very effective mean to resolve the complaints emerging from cyber business are addressing the consumer complaints, enhancing the consumer satisfaction and promoting e- commerce. Even though there are many alternative dispute resolution scheme, such as mediation, meditation or arbitration, the meditation has been proved as the effective dispute resolution. But questions were raised about how to increase the use of the meditation to facilitate complaints handling. For this purpose, the main framework of meditation scheme on the Basic Electronic Transactions Act is analysed in various ways. Part I specifies the ADR environment of the e-commerce, and various meditation schemes in various jurisdictions such as OECD, EU, USA and Japan were explained in Part III. The frameworks of the ADR and ODR were analysed and evaluated in Part IV and V.

목차

Ⅰ. 전자상거래의 ADR 해결 환경
Ⅱ. 전자상거래 분쟁의 ADR과 관련하여 해결하여야 할 과제
Ⅲ. 전자상거래분쟁의 ADR 입법례
Ⅳ. 전자상거래분쟁 ADR의 구조: 전자거래분쟁조정제도
Ⅴ. 결론
[참고문헌]
【ABSTRACT】

키워드

대안적 분쟁조정제도 전자상거래 전자상거래분쟁조정위원회 온라인 분쟁조정 2001년 미국통일조정법 연성법 하프플라자 소핑몰 2001 Uniform Mediation Act alternative Dispute Resolution: ADR electronic commerce Dispute Resolution Committee on Electronic Commerce Online Dispute Resolution: ODR soft law/half plaza shopping mall