소셜커머스의 소비자계약법적 과제 - 소셜커머스의 법적 구성에 관한 고찰을 통하여 -

Abstract

This paper aims to draw consumer contract law tasks of social commerce. For its purpose, this article clarifies the contractive characteristics of social commerce and then analyzes the usefulness of the ‘theory of sales contract of right’ and the ‘theory of obligation with a named obligee’ as the legal relation of social commerce. For drawing a consumer law task of social commerce, it would not be so helpful to discuss whether social commerce providers shall be considered as the communication sale intermediaries or as the communication sellers. Thus, this paper indicates the revision of ‘the Consumer Protection Act on the E-commerce’ in order to react to a new E-commerce such as social commerce. As a result of this review, it suggests that the consumer law task of the social commerce shall be looked for in guarantee of the seller's performance as well as in approval of the right of withdrawal. On the other hand, this paper points out that the logic of regulation lack of the private law basis is not helpful to protect consumers.