사이버몰의 불공정약관에 관한 연구

• 영문명: A Study on the Unfair Agreement of Cyber-Mall
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 박정기(Jeong-Ki Park)
• 간행물 정보: 『비교사법』比較私法 제14권 제4호, 441~475쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

  Electronic commercial transactions, which is improving fast enough to become a proper dealing method, expose various problems with its growth; thus demanding a reform. One of such problems is damages due to unfair agreement of cyber malls. Unfortunately, sufferers are not being provided with eligible aid. Nevertheless, the advent of electronic commercial transactions in modem society is inevitable since it is beneficial both to producers and consumers for its possibility to provide non facial dealings along with automation. However, the continuity of the side effects like the one mentioned may become a serious obstacle in further improvement of the new system. Therefore, although regulations are going into effect for unfair agreements, a sustainable remedy is necessary to prevent or help recover from demage, This paper considers the problems of current agreements and methods to reform them.
  First, the contents of the agreed enactment should be focused more on the minority, which includes foreigners and unlettered people rather than the general public. However considering that the producers cannot formulate the agreement bearing such a characteristic, the Fair Trade Commission should be able to provide the need.
  Secondly, to minimize the demage consumer class action against business owners should also be legalized and properly written in the enactment
  Finally, as individually enacted agreements which are usually unfair are widely in use, standard agreements should be strenuously recommended for the businesses’ active use. In addition, there should be specified standard agreements according to each business field.
  Also, if a judgement for unfair treatment is requested, the Fair Trade Commission must be prompt and effective in proceeding to investigate all the agreements through market survey. So that the matters of the Commission can be downsized thus becoming more utilized.

목차

Ⅰ. 서론
Ⅱ. 불공정약관에 대한 규제의 필요성
Ⅲ. 규제의 방식
Ⅳ. 사이버몰의 약관에 대한 내용통제
Ⅴ. 결론
【참고문헌】
[Abstract]

키워드

사이버몰 불공정약관 전자상거래 공정거래위원회 소비자보호 Cyber-Mall Unfair Agreement Electronic Commerce Transaction Fair Trade Commission Protection of Consumers