전자상거래소비자보호법상 전자상거래와 통신판매와의 관계에 관한 연구

Act on the Consumer Protection in the Electronic Commerce Transactions was enacted to protect consumers using electronic commerce in 2002. But the Act regulates not only electronic commerce but also mail-order sales and classifies both parties obviously. The issue whether those provisions applied in electronic commerce is raised because important provisions of the Act(§13-§24) are applied in only mail-order sales. Theories are divided between support judgments and object view. Considering the contents of definition provision about mail-order sales, electronic commerce is not entirely corresponded with mail-order sales. In particular, transactions in cyber-mall and mail-order sales do not correspond entirely. As a result, important provisions of the Act could be not applied to electronic commerce that doesn't conform to mail-order sales. But those provisions would be applied to electronic commerce by means of analogical interpretation. Even if it were so, it is raising doubts whether the legislative purpose of the Act, protecting consumer using electronic commerce, could be achieved by only civil provisions because public punishment against violation of the Act could not be imposed. Therefore, not to raise a problem, it is necessary for legislative solution.