「전자상거래 등에서의 소비자보호에 관한 법률」상통신판매중개자의 법적 책임

Abstract

ACT ON THE CONSUMER PROTECTION IN THE ELECTRONIC COMMERCETRANSACTIONS, ETC.(hereinafter The Act) provides legal liabilities of mail orderbroker and means for protection of consumers. However, I believe there are manyloopholes in the protection of consumers because The Act also provides lots ofexemption on legal liabilities of mail order broker. Korean Congress has submitted eightrevised bills to tighten consumer protection under The Act and two of those bills haveprovisions which tighten liabilities and duties of mail order brokers. Despite of therevised bills, those also have many weak points due to the inconsistent definition of legalterms and broad exemptions of legal liabilities of mail order brokers in The Act. Because I believe consistent revision is improbable due to the inconsistent legal termsin the revised bill, mail order brokers should be subdivided into a broker who hasrelation with the transaction and a broker who provides information as Korean FTCprovides and the legal liabilities of mail order broker should also be reduced followingthe revision. The revised bills should provide some provisions that mail order brokers have a dutyto notify the terms and conditions before making contract and that requesters of mailorder brokerage have a duty to provide and to confirm the information. Moreover, formore protection of consumers, the revised bill should also impose a broker who providesinformation and thus who has responsibilities in the transactions, in other words, abroker who has relation with the transaction on additional duties by decreasing theexemptions. The intent of Congress may be recognized in the bills, and the intent is consistent withpurpose in viewpoint of society. I hope the revised bills be a new act which contributedevelopment of national economy which is the purpose of The Act by increasingconsumer protection and by increasing the market credibility.