가상공간에서의 부당한 광고행위와 소비자보호

Unjust Advertising Acts in the Cyber space and the Consumer Protection

Unjust advertising acts by businesses are often talked as a major cause for damages to consumers using an electronic commerce. To address this issue, each nation around the globe regulates the unjust advertising acts by businesses, helps consumers to make righteous and rational choices and protects competitive businesses by establishing variety of legal systems. Major contents of these regulations are mostly based on regulations by public law. Yet, in Japan, regulation by private law goes hand in hand with regulation by public law. In korea as well, unjust advertising acts by businesses are restricted under the Fair Labelling and Advertising Act and etc. However, an effect of private law is not directly stipulated except liability for compensatory damages. Accordingly, it is quite difficult for consumers to cancel a subscription on the ground of mistake or fraud, although the effect of the contract should be considered by civil law. Yet, as it is unfair to restrain those consumers due to the contract concluded on the ground of unjust advertising acts by businesses, there is a necessity for means for consumers to easily free from the contract concerned except by resorting to right of cancellation by civil law.