중고상품 온라인 직거래의 법적 정비 방안

The On-line direct transactions of Used Commodity refers to various forms of used commodities traded by individuals or vendors directly in cyberspace using various Internet access devices. With the development of Internet transactions, the size of direct online commodity direct transactions has greatly increased. In addition, disputes frequently arise between buyers and sellers. Also, the number of buyers' damage caused by direct dealing fraud of sellers is increasing. The amount of damage is also increasing every year. As a result, the settlement of disputes related to direct transactions of used commodity online merchandise and the relief of damage caused by direct deal fraud are emerging as social problems. Direct transactions of online used commodities are characterized by transactions that fall under the general contract category between the individual seller and the buyer. There is no individual law regulation governing direct online commodity direct transactions. The Compensation for damages is based on general contracts in civil law, and this is a fraud in criminal law. However, the compensation of damages and criminal penalties in civil and criminal law are complicated. It also takes a long time to actually get relief. There are many cases in which damage compensation or compensation can not be properly performed due to the unauthorized use of the perpetrator. There are many cases in which damage compensation can not be properly performed due to the no-capital of the perpetrator. Since it is an online transaction, it is possible to consider the application of the system related to transaction safety in the "E-Commerce Consumer Protection Act". But the "Electronic Commerce Consumer Protection Act" is a duty of a telecommunications distributor or intermediary. But not to individual sellers who sell used goods in online direct transactions. In view of the amount of fraud damage caused by an increase in the number of transactions or the increase in the amount of transactions in direct online used commodity, it is not desirable to leave the transaction to autonomous contract rules between individuals. It is necessary to regulate laws and systems to ensure that direct online commodities are directly traded, direct deal disputes are coordinated, and victims are protected in direct deal fraud. In view of the amount of fraud damage caused by an increase in the number of transactions or the increase in the amount of transactions in direct online used merchandise, it is not desirable to leave the transaction to autonomous contract rules between individuals. In order to ensure that direct online purchase of used goods is done normally, it is necessary to adjust regulations and systems to coordinate direct deal disputes and protect victims in direct deal fraud. In this paper, we propose to improve legislation and legal system as follows. (1) Impose obligations such as provision of transaction information or provision of purchase safety service (ESCROW) to the internet marketplace or bulletin board operator. (2) The payment suspension system should also be applied to the online used goods direct dealing. (3) Must be unify several institutions for online fraud or direct transaction fraud or dispute resolution. (4) It must strengthen punishment for online used goods direct deal fraud, establish punishment legulation. (5) The compensation order application system should also be applied to the case of online used goods direct deal fraud. (6) It is proposed that legislation should be enacted so that the direct victims can determine the possibility of fraudulent transactions by providing information in advance on the disclosure of online fraudulent goods and online fraudulent information.