통신판매업자의 불법행위에 대한 통신판매중개자(오픈마켓)의 책임

• 영문명: Responsibility of Open Market for Torts of a Dealer in Internet Market Place
• 발행기관: 한국재산법학회
• 저자명: 오병철(Oh, Byoung-Cheol)
• 간행물 정보: 『재산법연구』財産法硏究 第26卷 第1號, 183~213쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

The court judged two tort cases of electronic commerce dealer recently. In "Hinoki" case the court decided 'open market'(an intermediary between the dealer and the consumer) should share the responsibility for violation of trademark right with the dealer. However in "K-2" case the court judged directly opposite to the former case, open market does not take the joint liability with the dealer who has ventured unfair competition. In K2 case the court made two mistakes, the one is application of electronic commerce consumer protection act §20 to violation of trademark right by a dealer and the other is denial of a general duty of 'open market' to protect of a right of others in spite of network act §44 ②. My opinions of the responsibility of 'open market' for violation of trademark right with the dealer are as followings; ⓐ The open market should burden a general duty to protect of a right of others by a dealer. ⓑ When the open market may receive a notice of violation of a right, he should delete the information which violates a right or take a tentative measure. ⓒ At the same time he should come into action not to search the other goods which contains the information. ⓓ However he should burden a duty of filtering.

목차

Ⅰ. 서론

Ⅱ. 통신판매중개자의 유형과 책임

Ⅲ. 통신판매업자의 불법행위에 대한 통신판매중개자의 책임

Ⅳ. 결론

참고 문헌

Abstract

키워드

통신판매중개 오픈마켓 전자상거래 전자거래 소비자보호 정보통신서비스제공자 intermediary open market electronic commerce consumer protection ISP