소셜 커머스의 법률관계 -공동구매형 소셜커머스에서 소비자보호를 중심으로-

Abstract

Social Commerce has emerged rapidly in Korea since 2010. Social commerce is a kind of electronic commerce that involves using social media, online media that supports social interaction and user contributions, to assist in the online buying and selling of products and services. It differs from electronic commerce in terms of using social network service such as Facebook, Twitter etc. Legal issues on social commerce are mainly related to consumer protection. The main issue is whether social commerce is the mail order sales or the brokerage of the mail order sales. The Act for Consumer Protection on the electronic commerce(ACP on the EC) regulates mail order sales, mail order business, broker of mail order sales. ACP on the EC acknowledges the right of cooling off to the consumer within 7 days as the liability of the mail order sales. On the contrary, a consumer does not have the right of cooling off against the activity of the broker of mail order sales. It is difficult to distinguish the mail order sales from the brokerage of mail order sales. However, I tried to distinguish according following three points. First, whether it is conclusive contract between business and consumer. If consumer needs another contract to get his goal, it is the brokerage of mail order sales. Second, considerable payment relevant to goods and service, If the price is far less payment relevant to goods and service, it is not mail order service but the brokerage of mail order sales. Third, Its attribution. If the payment attribute to the business directly, the business is the mail order service. As many consumer buy the goods and service through SNS, the infringe of privacy increases. Consumers offer their personal information willingly on SNS. Business can get the consumer's personal information easily, even sensitive information. For example, religion, marriage, sex life. In social commerce, the Protection of consume privacy and the remedy for its infringement will be the most serious issues.