전자상거래소비자보호법 제17조 제2항 제4호의 청약철회권 배제조항의 문제점

The problem of cooling-off right in section 17(2)(4) Electronic Commerce Consumer Protection Act

Electronic commerce consumer protection act(ECCPA) is legislated as a new act for consumer protection in electronic commerce in 2002. Therefore well-regulated legal frame for consumer protection in electronic commerce is provided opportunely. In particular, cooling-off right is a reasonable means for consumer to recover his rash decision in electronic commerce. However section 17(2)(4) ECCPA stipulates that consumer who took off the seal wrapping goods which can be duplicated doesn t exercise his cooling-off right. This provision is the an unjust legal standard because to break the seal is deemed as making a contract without qualification. The measure for this problem is followings; ① Section 17(2) ECCPA must be revised to “section 17(2)(4-1). when digital goods are exposed completely to duplication after consumer takes chance to review a end-user license . ② Section 17(2) ECCPA must be added the following paragraph “section 17(2)(4-2). when consumer can be taken sample of digital goods which is downloaded on network without a medium . ③ It should be prudently considered to make a reception of UCITA section 309 [AGREEMENT FOR PERFORMANCE TO PARTY’S SATISFACTION].