전자소비자계약

Electronic Consumer Contract

As the result of the industrialization, the age of mass-production and mass-consumption has come. Consequently, a premise which contract parties stand at the equal status has broken. Both parties of the contract divided into two parts, that is, the enterprise and consumer as the strong and the weak economically. The Civil Code is based on the classic principle of civil law where the parties act as economically reasonable person and collect necessary information on their own responsibility to make voluntary decisions. In the modern society where information is highly specialized and structurally dispersed, with negotiating power gaps stemming from social and economic gaps how to ensure voluntary decisions is the problem that should be discussed seriously and resolved. The definition of th Electronic consumer contract is combined with consumer contract and electronic contract. We can t find two terminologies - consumer contract and electronic contract- in Korean Acts. In 2001, however, Electronic Consumer Contract Act is enacted in Japan which deals with some problems such as void for mistake by gross negligence, effect of electronic acceptance and revocation of offer. The legal characteristic of the ECC is the civil contract between enterprise and consumer and the bilateral and onerous and formal contract. The enterprise s duty to make an information offer is the important factor in consumer contract. The offer and acceptance of ECC is formed through electronic document. ECC has largely been regulated by Consumer Protection Act on Electronic Commerce so far. But the Act is not based on consumer contract but on administrative regulation. Especially, Electronic Standard Stipulation which is made by Korean Fair Trade Commission in 2000 makes a key role in ECC. Regarding the dispute resolution function of private law, there are variety of functional equivalents to litigation available, which are collectively referred To as alternative dispute resolution(ADR). ODR(Online ADR) relates to the resolution of disputes that result from Electronic Commerce. In order to prevent the spread of stereotyped claims or provide remedy for consumers of such claims, it can be considered that consumer organization would seek for injunctions against acts or contract term damaging the interests of consumers as a whole. In Korean Consumer Fundamental Law, the provisions are added in 2006.