전자상거래소비자보호법 개정안에 대한 고찰
A Study on the Amendment of Electronic Commerce Consumer Protection Act
고형석(선문대학교)
30권 1호, 137~174쪽
초록
The Electronic Commerce Consumer Protection Act was enacted to protect consumers from e-commerce. However, e-commerce has been constantly changing and new forms of consumer damage have occurred. Therefore, the Fair Trade Commission has announced the amendment to prevent consumers damages in e-commerce. The key to the amendment is to strengthen the responsibilities of open market operators. Therefore, the Fair Trade Commission has completely amended definitions of e-commerce and e-commerce operators. In the amendment, the e-commerce operators were obliged to provide informations etc. However unlike the purpose of the amendment, the amendment is not strengthening the responsibility but exempting from the responsibility of the open market operator. open market operators do not provide information on goods to consumers in open markets. Therefore, the amendment does not apply to open market operators. As a result, the amendment protects open market operators, not protecting consumers from open market cyber mall transactions. This is inconsistent with consumer protection. Therefore the amendment must be withdrawn. In addition, an amendment to protect consumers should be prepared after investigating the e-commerce market and consumer problems.
Abstract
The Electronic Commerce Consumer Protection Act was enacted to protect consumers from e-commerce. However, e-commerce has been constantly changing and new forms of consumer damage have occurred. Therefore, the Fair Trade Commission has announced the amendment to prevent consumers damages in e-commerce. The key to the amendment is to strengthen the responsibilities of open market operators. Therefore, the Fair Trade Commission has completely amended definitions of e-commerce and e-commerce operators. In the amendment, the e-commerce operators were obliged to provide informations etc. However unlike the purpose of the amendment, the amendment is not strengthening the responsibility but exempting from the responsibility of the open market operator. open market operators do not provide information on goods to consumers in open markets. Therefore, the amendment does not apply to open market operators. As a result, the amendment protects open market operators, not protecting consumers from open market cyber mall transactions. This is inconsistent with consumer protection. Therefore the amendment must be withdrawn. In addition, an amendment to protect consumers should be prepared after investigating the e-commerce market and consumer problems.
- 발행기관:
- 한양법학회
- 분류:
- 법해석학