「전자상거래등에서의 소비자보호에 관한 법률」상 사업자 면책규정의 타당성 고찰

Abstract

This research criticizes the concept of e-commerce brokerage which is wrong in “Act on the Consumer Pritection in the Electronic Commerce Transaction,etc.(CPEC)”. As a result, It defines to e-commerce brokerage newly the concept of commission agent. And then, It criticizes safe harbor provisions of the businesses which is based e-commerce brokerage. For its critics :First, liability will be exempted for the notice of disclaimer according to CPEC art. 20-2, para.1. Second, CPEC art. 20-2, para.2 gives grants immunity from the liability of business by intentionally or negligently. Third, CPEC art. 20-2, para.2 gives private law responsibility to get rid to e-commerce brokerage. The legislation purpose of CPEC is to be preference the consumer protection. We must modify from the concept of e-commerce brokerage to commission agent in CPEC. Accordingly, CPEC's amendment is proposed. The scope of consumer protection must extended by the CPEC to digital content and software. Albeit the autonomous member states law is shaped very liberally the CPEC rules must suited to provide for this adequate level and to ensure the promotion of the interests of consumers as well as a high level of consumer protection. For this reason the CPEC rules on consumer protection do not contain a thorough balance of interests with regard to the position of the consumer and the business but they must will characterize by a predominance of consumer interests. Hence, the CPEC will more consumer friendly again.