클릭랩 약정의 효력 요건에 관한 연구 - 미국의 입법과 판례를 중심으로 -

A Study on the Validity of Click - wrap Agreements - Focused on the Legislation and Decisions in the USA -

This study aims to examine the legal validity requirements of click-wrap agreements, which have been frequently applied to electronic commerce. The USA, the first country to have passed the Acts relating to the click-wrap agreements, has a number of precedents in this field. After a thorough examination of the acts and precedents of the USA in this area, it was found in this study that the following are the requirements for securing the validity of click-wrap agreements: First, the users must thoroughly examine the trade terms suggested by the suppliers before concluding the agreement. Second, Suppliers must ensure that the users will be notified of the results of their acceptance or rejection. Third, there must be a provision for the prevention and correction of errors in the acceptance process. Fourth, the contents that the users will accept must be recorded and kept, and provisions must be made for these contents to be searched after their acceptance by the users. Finally, for the international application of click-wrap agreements, the Acts of relevant countries must be examined and adjusted accordingly. While the UCITA could serve as a good model as the relevant domestic Acts are being established in the country, it is necessary to examine the critiques of this U.S. act and to introduce it to Korea after appropriate adjustments are made so that the Act would be more beneficial to the consumers.