통신판매로 체결한 계속적 공급계약에 있어 유료전환 및 대금증액에 관한 연구

Abstract

When a consumer enters into a continuous supply contract in the form of mail-order sales, there have been cases in which the payment is not sufficiently recognized or the business operator increases the payment after notifying the increase. In order to solve consumer problems or damages caused by this, the E-Commerce Act was revised in 2024, and if the amount of regular payments for goods is increased or converted to paid regular payments after goods are supplied free of charge, the date and time of the increase or conversion, the price before and after the change, and the obligation to notify the consumer of the conditions, methods, and effects of the increase or conversion. However, the new regulations in accordance with the revision of the Electronic Commerce Act have the following problems. First, the newly established regulations are stipulated in a position that is not consistent with the systematic consistency of the e-commerce law, and the failure to define the judicial effect on the violation can cause additional consumer problems. Second, cancellation or cancellation of paid conversion or payment increase is not legally valid. In other words, since the subject of cancellation or termination is an expression of intention or a legal act, the results arising from the consent of the consumer cannot be canceled or terminated. These problems should be resolved as soon as possible, and the summary is as follows. First, for the systematic consistency of the Electronic Commerce Act and the concreteness of its contents, a separate regulation on this should be established. Second, because the term cancellation or termination is not appropriate, it should be revised to withdrawal or termination, and the target should be revised to consumer consent or continuous supply contracts rather than paid conversion or payment increase.