사이버몰의 약관과 소비자보호에 관한 연구

• 영문명: A Study on a Clause of Cyber-Mall and the Consumer Protection: Centering around the Electronic Commerce Standard Clause
• 발행기관: 한국민사법학회
• 저자명: 고형석(Ko, Hyoung-Suk)
• 간행물 정보: 『민사법학』제26호, 391~446쪽, 전체 56쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2004.09.30

영문 초록

The electronic commerce standard clause enacted to protect consumer using EC is a precautionary and self-regulation method. This clause enacted in 2000 was amended in 2003 because the act on consumer protection in the electronic commerce transactions, etc had been enacted in 2002. If a business with EC would use the standard clause, consumer s damages incurred by unfair clause could be prevented. In this paper, I inquired into contents of this clause and researched on the actual condition as to clauses of cyber-mall. This clause that reflected the Act is more suitable for consumer protection than the former clause. But some articles of this clause are unfavorable to consumer in comparison with the Act. Especially, articles about right of withdrawal, jurisdiction and so on are regarded invalid because articles make consumer more unfavorable than the Act. In consequence, the purpose of this clause that takes precautions against consumer s damages is beyond attainment. Therefore, these articles of this clause must be amended according to the Act as soon as possible. In the research on the actual condition, many cyber-malls use the former standard clause or clauses with partial amendment regardless of the mark of this clause. So, if consumer made a contract with relying on the mark of this clause, consumer might suffer unexpected damages. Therefore, the Fair Trade Commission should advise business to use the amended standard clause and business also should use the amended standard clause to prevent consumer from damage.

목차

Ⅰ. 서론

Ⅱ. 전자상거래 표준약관의 개관

Ⅲ. 표준약관의 내용검토

Ⅳ. 사이버몰 약관의 실태조사

Ⅴ. 결론

키워드

전자상거래 소비자보호 사이버몰 실태조사 전자상거래표준약관 약관의 규제에 관한 법률 전자상거래 등에서의 소비자보호에 관한 법률 Electronic Commerce Consumer Protection Cyber- Mall Research on the actual condition the Electronic Commerce Standard Clause Regulation of Standardized Contracts Act the Act on consumer protection in the electronic commerce transactions etc