E-Commerce에서 통신판매중개자의 법적 지위와 책임

• 영문명: On the legal position and responsibility of the Mediator of Mail Order Sales in E-Commerce.
• 발행기관: 한국민사법학회
• 저자명: 盧鍾千(Roh, Jong Chun)
• 간행물 정보: 『민사법학』제39-1호, 279~316쪽, 전체 38쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2007.12.31

영문 초록

The legal position of the mediator of mail order sales is a civil broker and commercial broker. Therefore, He is responsible for the commercial law about the brokerage business. And then is responsible for the civil law about mandate. He bears responsible for the Consumer’s Protection Law in E-commerce(CPE), too. Such responsibility receive the immunity but from the reponsibility by the CPE article 20. Namely, The Mediator of mail order sale is exempted all responsibility from the reponsibility by the notice of exemption from responsibility or the contract of exemption from responsibility. 중개자 The exemption from responsibility regulation of the Mediator of mail order sale leaves a consumer protection and does the activity to protect the man of enterprise. The consumer first give the money in a Cyber transaction differ from traditional transaction by meet and business each other. It is use such structure and deceive, the damage by the haeking of payment means, the damage from the exposure of the individual information which is collected in the transaction course. Really the damage happens much by the man of enterprise uses small charge, anonymity, a indistinctness place engage easily the business. We must prepare rather strong consumer guard in a contact transaction consequently. But, CPE article 20 have the contradiction to operate as a man of enterprise guard, unlike original to be a consumer protection legislation purpose. The provision of the notice of exemption from responsibility or the contract of exemption from responsibility which the man of enterprise puts by CPE article 20 becomes the ineffectiveness by the Law on the regulation of general conditions(RGC) article 7 and CPE article 4. A man of enterprise exemption from responsibility regulation of a CPE article 20 revised consequently.

목차

Ⅰ. 문제의 제기

Ⅱ. 통신판매중개의 법적 성질과 통신판매중개자의 지위

Ⅲ. “통신판매중개자”의 법적 책임

Ⅳ. 통신판매중개자의 면책의 타당성 검토

Ⅴ. 결론

키워드

Mediator of Mail Order Sales E-Commerce Legal position of the Mediator The responsibility of the civil law about mandate the responsibility of the commercial law about the brokerage business Consumer’s Protection Law in E-commerce.