사이버 머니의 환급에 관한 연구

According to e-commerce’s development, cyber money with which consumers can easily remit payment online is being developed drastically. But lots of consumer problems related with the cyber money are occurring, and one of them is the refund of the cyber money. About this, though something is prescribed in Electronic Financial Transaction Act and Electronic Commerce Consumer Protection Act, legal standards solving the problem connected with cyber money refund are insufficient. Of course, if a fair refund standard is set up at the contractual terms, these kinds of problems could be settled properly. But the refund standards of acts and contractual terms are not prescribed adequately. As a result, disputes related with cyber money refund are occurring continually and the solution to them are not easy. Thus, laws related with the cyber money should be amended promptly to prescribe the clear refund standard. In establishing a legal standard concerned with the cyber money refund, next matters should be considered. First, the cyber money is one of payment means. Therefore, it must be not consider a refund standard of cyber money to that of gift cards. Second, refund standard of laws must be prescribed considering whether consumers pay moneys or not. Namely, the refund of cyber money which consumers obtained with no cost should be not permitted excepting that a consumers cannot use that anymore. But in case of the cyber money which consumers obtained with cost, the refund should be permitted in principle. Lastly, in case that consumer purchased cyber money with cash, money being deducted only the expense for the refund should be refunded. But, if refund reasons were occurred due to a business, all balance should be refunded without deducting the expense.