제3자를 위한 전자소비자계약에 있어서 청약철회권에 관한 연구

Electronic consumer contracts are divided into an electronic consumer contract of narrow sense and an electronic consumer contract in favour of the third party according to who get a performance benefit. An electronic consumer contract in favour of the third party is a contract that a party to a contract has agreed therein to effect an act of performance in favour of a third person, the person may demand such act of performance directly from a business. Consumers in both contracts could be withdrawing an offer because both contracts are applied by the Electronic Commerce Consumer Protection Act. However, this Act is not regulating problems as to a withdrawal right of consumer in electronic consumer Contract in favour of the third party, because of regulating on an electronic consumer contract of narrow sense. Therefore, this Act should be amended to solve problems as to a withdrawal right of consumer in electronic consumer Contract in favour of the third party. First, this Act should define a consumer based on not use or utility but contract party. Second, the third party is not a contract party. Therefore, the third party cannot withdraw an offer. But it is necessary to give third party to a right of withdrawal or return. Third, if the third party has a right of withdrawal or return, the causes of exclusion and periods to exercise should be provided as same as consumer’s right.