전자상거래소비자보호법의 체제 개편
System Change of Consumer Protection in Electronic Commerce Act
0
조회
0
다운로드
7
인용
0
참고문헌
키워드
초록
Since its legislation in 2002, Act on Consumer Protection in Electronic Commerce, etc.(hereinafter "Electronic Commerce Act") has made a great contribution towards consumer protection and development of business in e-commerce and mail order sales. However, Electronic Commerce Act has many juridical problems. Especially it has been pointed out that the definition and relation of e-commerce and mail order sales is not clear, so the application of the Act can be confused. From this point, it is very meaningful that Korea Fair Trade Commission has started overall revision of Electronic Commerce Act, including the change of definition of e-commerce and mail order sales. This article is aimed at providing draft proposal for the overall revision of Electronic Commerce Act. It is very hard task to regulate e-commerce and mail order sales at once in one Act. However, unless the relation of e-commerce and mail order sales is clearly coded, the systematic problems of the Act cannot be solved thoroughly. At this point, this article suggests that e-commerce is defined as one of the mail order sales. This conclusion results from the acception of the somewhat fixed notion approved tacitly by business and KFTC. It is expected that this new definition of e-commerce can solve many systematic problems of the Act. However, at the same time the new definition of e-commerce can occur a new problem to downsize e-commerce, that is, because when e-commerce is defined as one of the mail order sales, so-called electronic payment can be put outside e-commerce. This problem can be cleared though by legal inter- pretation that electronic payment can be included in e-commerce, but if the legal interpretation cannot be accepted, the definition of e-commerce should be complemented by additional clause that electronic payment is regulated by Electronic Commerce Act.
Abstract
Since its legislation in 2002, Act on Consumer Protection in Electronic Commerce, etc.(hereinafter "Electronic Commerce Act") has made a great contribution towards consumer protection and development of business in e-commerce and mail order sales. However, Electronic Commerce Act has many juridical problems. Especially it has been pointed out that the definition and relation of e-commerce and mail order sales is not clear, so the application of the Act can be confused. From this point, it is very meaningful that Korea Fair Trade Commission has started overall revision of Electronic Commerce Act, including the change of definition of e-commerce and mail order sales. This article is aimed at providing draft proposal for the overall revision of Electronic Commerce Act. It is very hard task to regulate e-commerce and mail order sales at once in one Act. However, unless the relation of e-commerce and mail order sales is clearly coded, the systematic problems of the Act cannot be solved thoroughly. At this point, this article suggests that e-commerce is defined as one of the mail order sales. This conclusion results from the acception of the somewhat fixed notion approved tacitly by business and KFTC. It is expected that this new definition of e-commerce can solve many systematic problems of the Act. However, at the same time the new definition of e-commerce can occur a new problem to downsize e-commerce, that is, because when e-commerce is defined as one of the mail order sales, so-called electronic payment can be put outside e-commerce. This problem can be cleared though by legal inter- pretation that electronic payment can be included in e-commerce, but if the legal interpretation cannot be accepted, the definition of e-commerce should be complemented by additional clause that electronic payment is regulated by Electronic Commerce Act.
참고문헌 (28)
- 김성천, "전자상거래등에서의 소비자보호에 관한 법률 해설", 한국소비자보호원, ~ (2003)
- 송오식, "가상공간법" (2005), 전남대학교 출판부
- 양창수, "독일민법전" (2008), 博英社
- 전자상거래소비자보호법 전면개정을 위한 연구 결과보고서, "이은영", ~ (2012)
- 정완용, "전자상거래법" (2005), 법영사
- 정진명, "가상공간법 연구" (2003), 법원사
- 고형석, "전자상거래소비자보호법상 전자상거래와 통신판매와의 관계에 관한 연구", 선진상사법률연구, (47), pp.6~31 (2009), 법무부
- 나지원, "전자상거래소비자보호법의 문제점과 개선방안", 경쟁법연구, 13 (2006)
- 孟守錫, "電子商去來消費者保護法의 法的 問題와 改善方案", 기업법연구, 12, pp.359~378 (2003), 한국기업법학회
- 류창호, "전자상거래소비자법에 관한 연구 - 전자상거래·소비자·사업자의 개념과 범위를 중심으로", 외법논집, 12 (2002)
- 서희석, "소셜커머스의 소비자계약법적 과제 - 소셜커머스의 법적 구성에 관한 고찰을 통하여 -", 법학연구, 53(1), pp.173~198 (2012), 법학연구소
- 서희석, "소비자기본법 30년과 소비자법의 구조전환 - 소비자법의 제3의 물결을 위하여 -", 법조, 60(3), pp.84~147 (2011), 법조협회
- 서희석, "DCFR상 소비자⋅사업자의 정의 -우리 법과의 비교 검토-", 외법논집, 36(2), pp.1~20 (2012), 법학연구소[DOI]
- 오병철, "전자상거래소비자보호법 제17조 제2항 제4호의 청약철회권 배제조항의 문제점", 민사법학, (39-1), pp.173~204 (2007), 한국민사법학회
- 오병철, "UNCITRAL 전자계약협약에 관한 비교법적 고찰과 전자거래기본법에의 영향", 비교사법, 13(4), pp.83~132 (2006), 한국비교사법학회
- 이기욱, "현행 전자상거래소비자보호법의 문제점", 인터넷법률, (18) (2003)
- 정완용, "개정 전자상거래소비자보호법에 관한 고찰", 경제법연구, 4(1) (2005)
- 정진명, "UNCITRAL 전자계약협약의 국내법에의 수용", 비교사법, 16(2), pp.41~90 (2009), 한국비교사법학회
- Amelia H. Boss, "The Uniform Electronic Transactions Act in a Global Environment", Idaho L.Rev, 37, pp.275~ (2001)
- Charles H. Martin, "The Uncitral Electornic Contracts Convention: Will It Be Used or Avoided?", Pace Int'l L. Rev, 17, pp.261~ (2005)
- Christian von Bar, "Principles, Definitions and Model Rules of European Private Law" (2009), Full Edition
- Jane K. Winn, "Law of Electronic Commerce" (2000), Aspen Law & Business
- Norbert Reich, "Harmonisation of European Contract Law -with Special Emphasis on Consumer Law-", 법학논총, 18(1), pp.3~47 (2011), 법학연구원
- Henry D. Gabriel, "The Fear of the Unkown: The Need to Provide Special Procedural Protections in International Electronic Commerce", Loy. L. Rev, 50, pp.307~ (2004)
- 経済産業省, "電子消費者契約及び電子承諾通知に関する民法の特例に関する法律逐条解説", ~ (2001)
- 経済産業省, "電子商取引及び情報財取引等に関する準則", ~ (2011)
- 上柳敏郎, "実務解説特定商取引法" (2010), 商事法務
- 松本恒雄, "電子社会と契約法, In 新版注釈民法（13）" (2006), 有斐閣