사이버몰의 약관과 소비자보호에 관한 연구

A Study on a Clause of Cyber-Mall and the Consumer Protection: Centering around the Electronic Commerce Standard Clause

The electronic commerce standard clause enacted to protect consumer using EC is a precautionary and self-regulation method. This clause enacted in 2000 was amended in 2003 because the act on consumer protection in the electronic commerce transactions, etc had been enacted in 2002. If a business with EC would use the standard clause, consumer s damages incurred by unfair clause could be prevented. In this paper, I inquired into contents of this clause and researched on the actual condition as to clauses of cyber-mall. This clause that reflected the Act is more suitable for consumer protection than the former clause. But some articles of this clause are unfavorable to consumer in comparison with the Act. Especially, articles about right of withdrawal, jurisdiction and so on are regarded invalid because articles make consumer more unfavorable than the Act. In consequence, the purpose of this clause that takes precautions against consumer s damages is beyond attainment. Therefore, these articles of this clause must be amended according to the Act as soon as possible. In the research on the actual condition, many cyber-malls use the former standard clause or clauses with partial amendment regardless of the mark of this clause. So, if consumer made a contract with relying on the mark of this clause, consumer might suffer unexpected damages. Therefore, the Fair Trade Commission should advise business to use the amended standard clause and business also should use the amended standard clause to prevent consumer from damage.