온라인게임 표준약관에 관한 소고

Online game services take up a large portion in the sphere of digital contents transactions. But consumers' damages and related disputes in this field also take up most of the parts in disputes concerned with digital contents. Accordingly, it is necessary to set up a legal foundation which can settle disputes in this field. Considering that the enactment or revision of related laws are long-term solutions, however, it is essential to make up other standards that can solve these kinds of disputes immediately. One of them is the standardized contractual terms as a soft law. Namely, if a business settles disputes with its consumer by means of fair contractual terms, problems caused by an inadequate legal system can be solved. However, some unfair contents in the contractual terms cause consumer disputes and injuries. So, if contractual terms which regulate the legal relation between a company and consumers are made and companies are bound by the terms, consumer disputes or injuries can be reduced. The online game standardized contractual terms enacted in December, 2012 have a very important meaning in this field because they are considered fairer than contractual terms made by businesses. Also, the online game standardized contractual terms were firstly prepared by companies and then reviewed by the Korea Fair Trade Commission(KFTC). But it cannot guarantee the entire fairness of the online game standardized contractual terms, because they still contain some unfair terms. Therefore, the KFTC should put forth all its efforts to settle fair legal relation of this field through continual inspection and supplementation of the online game standardized contractual terms.