온라인 게임 및 앱에서 미성년자가 결제한 경우 취소권의 제한에 관하여- 수원지방법원 2018. 9. 20. 선고 2017나69021판결을 중심으로 -

The reason for protecting minors compared to those with ability to act is that minors have limited ability to act. However, minors are a concept that comprehensively refers to natural people who do not reach a specific age, so it is inevitable that the safety of transactions will be sacrificed if minors are protected unconditionally. Therefore, unlike other restrictive capacity systems, when operating a system to protect minors, it is necessary to consider specific situations and the perception or specific behavior of minors accordingly. In particular, in online transactions where only the age of minors is identified, transactions are made without considering specific circumstances related to minors, or minors are excluded from such transactions. In order to protect minors, sanctions should be imposed when minors abuse or abuse the restrictive capacity system, while minors who do not should be considered to fully enjoy social benefits. To this end, it should be considered that the specificity of online transactions and the fact that minors are not necessarily immature in online transactions compared to adults in determining whether or not the consent of Article 5 of the Civil Act, the concept of property permitted for disposition under Article 6, and the fraudulent means of Article 17 is established.