국경 간 전자상거래에서의 소비자계약과 분쟁해결

Abstract

In recent years, the expansion of cross border e-Commerce between domestic consumers and foreign companies has led to various consumer complaints. Thus, it is necessary to investigate legal issues of cross border e-Commere in practice and seek solutions to the problems from a consumer perspective. Considering there may be some difficulties to apply domestic laws to cross border legal problems in an effective way, it is also necessary to find out alternative dispute resolution methods in the field. Firstly, in case of indirect cross border transaction by agents, the Korean government should take administrative measures such as correction orders on purchase agent services and delivery agent services to ensure various legal obligations on consumer protection which are imposed by the Act on the Consumer Protection in the Electronic Commerce Transactions etc. Secondly, in case of direct cross border transaction by consumers, the Korean government should implement active policies to provide information and promote international cooperation from a short-term perspective. From a long-term perspective, on the other hand, it should design an international Online Dispute Resolution platform based on the experience. In practice, however, the difference of laws and rules in respective countries on consumer protection, including the right to revoke a consent to a sale, make it difficult to design and establish an effective Online Dispute Resolution platform model. Accordingly, consumer protection law enforcers should cooperate in various ways and make international online networks for consumer protection as a first step toward a cross border e-commerce dispute resolution.