電子商去來에 있어서 消費者保護에 관한 硏究

Abstract

This study focuses on consumer protection in e-commerce and searches for its concepts, domestic and international trends, and the necessity for consumer protection to look for any legal matters which can occur in each stage of e-commerce, which is summerized as reduction in social cost and uplifting of clarity in trade, and what can be done for the matters. Summing up solutions, it requires reformation of system, application and supplementation of the law, and efforts from the state, businesses, and customers. When a consumer experiences damage in e-commerce transaction, there should be a quick way to relieve consumer from the damage. The basic method for the damage relief will be a lawsuit. The consumers are no longer passive and weak 'to be protected'. They should be treated as 'voluntarily participated' who put their reasonable thoughts into the marked. To reflect this situation, the government amended Consumer Protection Law to Consumer Basic Law. The purpose of this law is no longer just to protect the consumer. It goes further to assure consumer's independent status. Introducing Consumer Class Action meet this purpose very well. It seems that introducing the Class Action may bring new disputes which were not regulated before and may go against some commercial transaction customs. It is reasonable to try Collective Consumer Action beforehand because the impact of the whole new system of Class Action would be great and it may be a burden to legislature to bring in entirely new system. Since we are in the very first process of the system, there are some matters we should consider in order to make the system work properly. However such practice can cause other economic problems and takes too long to get judgement, which can add up burden to those who have enough to bear. Therefore, alternative ways, besides lawsuit, are necessary. The best example for such alternatives to resolve conflict is mediation. But, as mentioned above, though a quick and simple way to mediate is required, only Electronic Commerce Mediation Committee(ECMC) handles dispute mediation process when it is done electronically. It should be handled by all mediation committees. In order to end dispute quickly, the committee's mediation plan is to be confirmed unless the party declares its intention to refuse. The effect of mediation plan varies according to each committee. But as mentioned above, it is unnecessary to distinguish each mediation plan and give different effects for each plan; thus every mediation plan is to be considered as the same type of consent judgement and given the same effect. Moreover, to handle consumer protection matter in e-commerce area more practically, efforts from the state, businesses, and customers are required. The state must prepare a foundation for self imposed control of businesses and provide accurate and various information for consumers. It also has to strengthen consumer education and develop a system to relieve any damage. All have to be done to prevent consumer damage and handle most effectively if any occur. The e-commerce is characteristically transcends country border. Therefore, international cooperation has to be improved further to protect consumers more effectively. Businesses must continue to research and develop to construct a safer transaction system so that consumers can do business with assurance and safety. They also have to abide by all related laws and provide quality information to consumers. Lastly, consumers should protect themselves from any damage. When damage occurs, they must find quick and active ways such as applying for damage relief. Consumers must have active awareness of their rights.