디지털제품 제공계약에 관한 민법 개정안의 법리적 검토

The Civil Code Amendment Bill on digital product contracts represents a significant effort to integrate digital product contracts into the Civil Code, reflecting the evolving digital economy. While it commendably references the EU Digital Content Directive and German Civil Code, the amendment lacks coherence with our civil law system and sufficient specificity. The Civil Code's recognition of "manageable natural forces" as things provides flexibility for including digital content, especially under an expansive view that prioritizes economic tradability over exclusive controllability. The amendment's establishment of digital product contracts as an independent typical contract needs reconsideration, as it prioritizes practical constraints over theoretical foundations. Additional provisions are necessary to ensure coherence with existing contract types. The treatment of personal information as compensation in "free" digital services requires careful consideration of both property and personality rights. The amendment's approach to warranty liability and price reduction is significant, with price reduction being recognized as the essence of warranty liability. The proposed change from "right to rectification of defects" to "right to subsequent performance" better reflects the nature of digital products, which may require various forms of performance completion. The cancellation requirement should be modified to align with existing legal precedents, focusing on whether the contract's purpose can be achieved rather than the significance of the defect. From a consumer protection standpoint, the amendment's adoption of provisions from EU and German law while establishing them as general contracts is problematic. Given the inherent information asymmetry and technological dependency in digital transactions, specific consumer protection provisions are needed, necessitating a clear delineation between civil law and consumer law roles.