전자상거래법 전면개정안에 의한 소비자 보호의 문제점 - 다른 법률과의 관계를 중심으로 -

Abstract

A full revision of the E-Commerce Act prepared by the Fair Trade Commission, reflecting changes in the E-Commerce structure and global legislative trends, was announced in 2021. 3. 5. Legislation. However, although the necessity of revision is acknowledged, many problems are raised in the contents of the revision. In other words, problems are being raised about terms related to E-Commerce, regulations on overseas business operators, securing transparency of information, customized advertising, and responsibility of online platform operators. In the amendment, the provision of applying the law in favour of consumers in the event of competition with other laws was deleted. Because the meaning of the regulation is ambiguous and difficult to apply. As a result, only the E-Commerce Act should be applied to consumer protection in E-Commerce, so the content of the amendment should be more favorable for consumer protection than other laws. However, when there is competition with other laws, applying the amendment is in the consumer’s favor, but in many cases it is in the consumer’s favor. In particular, the new content related to risk prevention in the amendment is considered to be a revision to protect business operators than consumers. That is, it has different consequences from the purpose of the amendment to strengthen consumer protection. In order to apply only the E-Commerce Act even when other laws are are competing, the content should be the most effective protection of consumers by considering their relationship with other laws. However, the amendment does not properly consider the relationship with other laws, and it is difficult to amend the amendment considering all the relationships with other laws. Even if the E-Commerce Act is amended in consideration of all other laws, if other laws are amended to strengthen consumer protection rather than the contents of the E-Commerce Act, there is a problem that the E-Commerce Act needs to be amended again for consumer protection. It is not reasonable to delete the Article 4 proviso of the current E-Commerce Act from the amendment, and it is desirable not only for consumer protection but also for cost to maintain Article 4 of the current E-Commerce Act.