전자거래 분쟁조정 대상에 대한 연구

Abstract

Since July 1999, Korea has enacted the “Framework Act on Transactions” in order to promote the reliability of electronic transactions and consumer protection, having given the same level of legal effect as the written document to electronic documents, in accordance with the advent of the information age. The main contents of this law are to settle disputes concerning electronic transactions (Article 28) to relieve damage caused by electronic transactions and to establish the practice of fair electronic transactions. However, since the “Framework Act on Transactions” has not properly reflected the spread of electronic transactions and rapid changes in technology and environment related to electronic transactions, there is a need to secure the safety and reliability of electronic transactions by supplementing the matters of consumers' remedy and dispute resolution. Therefore, the 2002 amendment law directly stipulates the electronic transaction dispute settlement committee, which was stipulated by the Presidential Decree, and details the composition and operation of the committee, the dispute settlement procedure, the establishment and non-establishment of the mediation (Article 32, Article 38). The revised electronic document law stipulates that "electronic transactions" are transactions in which all or a part of goods or services are processed by electronic documents, and "electronic documents" are defined as electronic form, transmitted, received, or stored information by an information processing system (Article 2, Item 5, Item 1). Accordingly, “Electronic Document/Electronic Transaction Dispute Settlement Committee” established to coordinate disputes concerning electronic documents and electronic transactions, raises the issue of what is the subject of mediation. In addition, the “Electronic Document Act” is a problem in relation to other laws because it applies to all electronic documents and electronic transactions (Article 3), except when there are special regulations in other laws. Furthermore, the E-Trade Parties to the electronic transaction may make arrangements different from the provisions of Articles 6 to 9, except where there are special provisions in other laws and regulations, so the E-Trade Parties is a problem of what is the limit of the agreement between the parties. This paper explores the concept of electronic transaction and electronic document, the scope of application of electronic document law and the effect of parties' contracts, and its problems, which are subject of electronic transaction dispute settlement, and tries to find a solution.