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학술논문서강법학연구2010.06 발행KCI 피인용 15

디지털콘텐츠거래에 있어서 소비자의 청약철회권에 관한 연구

A Study on the Cooling-Off of Consumers in Digital Contents Contracts

고형석(선문대학교)

12권 1호, 331~363쪽

초록

In general, digital contents contracts are made through a electronic commerce. The Consumer Protection in the Electronic Commerce Transactions, etc. Act has been enacted to protect consumers using a electronic commerce. Also, the cooling-off of a consumer has been added to the Online Digital Contents Industry Development Act. The Consumer Protection in the Electronic Commerce Transactions, etc. Act. applies to the cooling-off of a consumer in the Online Digital Contents Industry Development Act. However, the Consumer Protection in the Electronic Commerce Transactions, etc. Act does not regulate digital contents contracts properly because it mainly deals with contracts signed electronically. Therefore, the provisions of the two Acts relevant to the cooling-off must be complemented as follows. First, the right to annul a contract must be unified with the cooling-off in consideration of the natural and institutional objectives of the Acts. Second, a person who takes a step to exclude the cooling-off must be replaced with a business who signs a contract with a consumer, not a manufacturer. Third, each management duty to exclude the cooling-off of a consumer must be provided in details considering the quality of the digital contents. Lastly, the provisions of the Online Digital Contents Industry Development Act as to the cooling-off must be amended and become obligatory provisions.

Abstract

In general, digital contents contracts are made through a electronic commerce. The Consumer Protection in the Electronic Commerce Transactions, etc. Act has been enacted to protect consumers using a electronic commerce. Also, the cooling-off of a consumer has been added to the Online Digital Contents Industry Development Act. The Consumer Protection in the Electronic Commerce Transactions, etc. Act. applies to the cooling-off of a consumer in the Online Digital Contents Industry Development Act. However, the Consumer Protection in the Electronic Commerce Transactions, etc. Act does not regulate digital contents contracts properly because it mainly deals with contracts signed electronically. Therefore, the provisions of the two Acts relevant to the cooling-off must be complemented as follows. First, the right to annul a contract must be unified with the cooling-off in consideration of the natural and institutional objectives of the Acts. Second, a person who takes a step to exclude the cooling-off must be replaced with a business who signs a contract with a consumer, not a manufacturer. Third, each management duty to exclude the cooling-off of a consumer must be provided in details considering the quality of the digital contents. Lastly, the provisions of the Online Digital Contents Industry Development Act as to the cooling-off must be amended and become obligatory provisions.

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디지털콘텐츠거래에 있어서 소비자의 청약철회권에 관한 연구 | 서강법학연구 2010 | AskLaw | 애스크로 AI