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학술논문IT와 법연구2013.02 발행KCI 피인용 9

전자상거래에 있어서 조작실수방지의무와 소비자보호에 관한 연구 -모바일 전자상거래를 중심으로-

A Study on the Duty to Prevent Input Errors and Consumer Protection in the Electronic Commerce

고형석(선문대학교)

7호, 117~143쪽

초록

A consumer signs an agreement without a face-to-face with a business depending on the automatic system on sphere of the electronic commerce. Therefore, consumers may agree on a contract easily. But a consumer could be making a mistake in concluding a contract. A business which intends to conclude a contract by making available electronic means without individual communication for concluding it has a duty to make available to a consumer appropriate, effective and accessible technical means for identifying and correcting input errors before a consumer makes an offer. But there is no provision as to an effect of a contract being concluded without an electronic means correcting input errors in the electronic commerce consumer protection act etc. In the electronic consumer contract act of japan, if a consumer made a mistake in concluding a contract by making available electronic means without individual communication for concluding, such a contract is void. In this paper, i investigated the effect of a contract being concluded without an electronic means correcting input errors. Also, i proposed an introduction of the consumer right of rescission to the electronic commerce consumer protection act to solve this problem.

Abstract

A consumer signs an agreement without a face-to-face with a business depending on the automatic system on sphere of the electronic commerce. Therefore, consumers may agree on a contract easily. But a consumer could be making a mistake in concluding a contract. A business which intends to conclude a contract by making available electronic means without individual communication for concluding it has a duty to make available to a consumer appropriate, effective and accessible technical means for identifying and correcting input errors before a consumer makes an offer. But there is no provision as to an effect of a contract being concluded without an electronic means correcting input errors in the electronic commerce consumer protection act etc. In the electronic consumer contract act of japan, if a consumer made a mistake in concluding a contract by making available electronic means without individual communication for concluding, such a contract is void. In this paper, i investigated the effect of a contract being concluded without an electronic means correcting input errors. Also, i proposed an introduction of the consumer right of rescission to the electronic commerce consumer protection act to solve this problem.

발행기관:
IT와 법연구소
분류:
기타법학

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전자상거래에 있어서 조작실수방지의무와 소비자보호에 관한 연구 -모바일 전자상거래를 중심으로- | IT와 법연구 2013 | AskLaw | 애스크로 AI