전자상거래소비자보호법상 계약서 교부의무에 관한 연구

A Study on the an Issue of a Contract Document in the Electronic Commerce Consumer Protection Act

Electronic commerce and mail order is a non-face-to-face transactions. Thus many consumers damages occur and it is necessary to protect consumers in this field. One of consumer protection methods is a issue of a contract document. A contract document is evidence of the contract, a basis of conflict resolution and a basis of the cooling off. If the contract is concluded, a mail order distributor shall issue documents stating the matters(identity of a business, informations of a goods and Terms & Conditions) regarding the contents of such contract to the other party of the contract before supplying the goods, etc. But, provisions relating to the duty to deliver documents (including electronic documents) on the contents of the contract pursuant to Article 13 (2) shall not apply to transactions(1. Transactions that the consumers conduct at any time in accordance with the already familiar terms and conditions, or standard methods of transaction, which are prescribed by Ordinance of the Prime Minister; 2. Transactions stipulated in other Acts (excluding the Civil Act and the Act on Door-to-Door Sales, Etc.) that the duty, etc. to deliver a contract document shall be fulfilled by a method different from the ones provided for in this Act). Provided, That in the case falling under subparagraph 1, the contents or the methods of delivery of the documents on the contents of contract may be made differently, as prescribed by Ordinance of the Prime Minister. Also, Provided, That where any ground prescribed by Presidential Decree exists, the documents may be issued to a person who receives the goods, etc. in lieu of the other party to the contract to the extent that does not infringe upon the rights of the latter. The Electronic Commerce Consumer Protection Act provides many exceptions on an issue obligation of a contract document. As a result, the object of the Act can not be achieved. Therefore, Article 3 of the Act, which provides many exceptions on an issue obligation of a contract document should be amended.