웨어러블 기기의 공급 및 행위에 관한 계약관계 ―시론(試論)적 고찰―

Wearables support people in their professional or private life. However, the acquisition and action of these devices also involves complex legal relationships. If these are carefully structured before using the devices, future uncertainties regarding the legal status mediated by the wearable can be avoided. In particular, the following discussion addresses two issues. First, they address the various contracts that are concluded when acquiring wearables. Second, they make a qualification of the actions that are triggered by the use of wearables. The acquisition of wearables initially differs only slightly from the acquisition of other physical objects. A special feature, however, is that the device can only take on its central functions if the purchaser also has software with which it can control the device and network it with the environment. The purchase of this software may be made together or independently of the acquisition of the hardware. However, this acquisition process also follows the well-known contract law principles. With the help of wearables, contracts can be concluded or fulfilled. The conventional principles of the law of contracts must also be used for assessing these legal proceedings. The various device actions can usually be classified well in the applicable provisions. However, self-learning systems can lead to legal uncertainty, which has not yet been dealt with in detail in teaching and practice due to the lack of experience.