「전자상거래 등에서의 소비자보호에 관한 법률 개정안」의 검토 - 통신판매중개자의 책임을 중심으로-

The Act on Consumer Protection in Electronic Commerce enacted in 2002 (hereinafter "the Act") provides liability of mail order sellers and Internet sale intermediaries and consumer protection related to Internet sale. However, the Act broadly offers mail order sellers and Internet sale intermediaries opportunity to argue immunity from their liability and explicitly prescribes Internet sale intermediaries' immunity from their liability. Hence, the Act is said to be law for business-persons as well as for consumers. Article 20 of the Act broadly recognizes possibility for Internet sale intermediaries to be immune from their liability. Some critics argue that this provision will jeopardize the gist of the provision on liability of Internet sale intermediaries which specifically aims at consumer protection. Accordingly, the 18th National Assembly has vigorously discussed the possible reform of the Act and Korean Fair Trade Commission proposed a bill revising the Act. What is key point of the reform is how to regulate the liability of Internet sale intermediaries. In this regard, I think that it should bear its duty of care as a good faith manager because the legal source on which its liability is based should be clear and explicit. Also, I would like to propose that it should have duty to offer information identifying its clients as well as duty to identify the information. By doing so, it and its clients can bear joint liability for damages. In addition, the Act should be revised in the way by which Internet sale intermediaries are presumed to secure contractual terms when they express, advertise or inform consumers of the contractual terms and by which they may become the subjects of representation and advertisement. I express high hope that the National Assembly will deeply take into account how to truly protect consumers and reflect the concern on consumers into the bill.