디지털제품 제공계약에 관한 민법 개정안의 실효성 평가와 입법적 한계

This paper examines the profound impact of rapid advancements in information and communication technologies (ICT), particularly the widespread adoption of 5G, artificial intelligence (AI), and the Internet of Things (IoT), on digital content and digital services, which have become integral to modern economies and daily life. It highlights how these digital products fundamentally reshape consumer behavior, business models, and legal frameworks, presenting distinctive challenges such as intangible nature, continuous updates, and the economic value of personal data. Current Korean civil law, primarily designed around tangible goods, struggles to adequately regulate these complex and evolving transactions. The study reviews international legislative responses, focusing on the European Union’s 2019 Directive on digital content and digital services and Germany’s 2022 reform of its civil code, both of which establish independent legal frameworks for digital product contracts. These frameworks enhance consumer protection through clear criteria for contractual conformity and remedies, recognition of the economic value of personal data, and obligations for continuous updating, thereby fostering legal certainty and market trust. Korea’s proposed Civil Code amendments, though not enacted, aimed to modernize contract law to address these issues by defining digital products broadly, imposing quality and update obligations on providers, and recognizing data as a form of consideration. The paper critically assesses these proposals, identifying key challenges such as the scope of application, clarity of legal concepts, evidentiary burdens, and the balance between consumer rights and provider obligations. By comparing these frameworks, the paper proposes recommendations to harmonize Korea’s civil law with global standards, emphasizing the need for complementary legislation and detailed interpretive guidelines that reflect the unique nature of digital products. This includes suggestions for unifying liability regimes, specifying update periods, and reinforcing proof obligations to better protect consumers while ensuring fair competition. Ultimately, this research contributes to the development of a forward-looking legal infrastructure that supports the digital economy’s growth, balances stakeholder interests, and upholds consumers’ rights in an increasingly digitalized society.