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Electronic Commerce and Rescission

  • Informatization Policy
  • Abbr : 정보화정책
  • 2004, 11(1), pp.74-93
  • Publisher : NIA
  • Research Area : Social Science > Public Policy

HyoungSuk Ko 1

1한국해양대학교

Candidate

ABSTRACT

The Electronic Commerce(EC) being appeared on the stage to a development of scientific technique is a style of a contract. Therefore, consumer can rescind an EC if business doesn't perform an obligation. Consumer's rescission is prescribed in the civil law and the "act on consumer protection in the electronic commerce transactions, etc". This act in comparison with the civil law relaxes an condition for exercise of the rescission. But it is questioned whether the rescission of this act with relations to the right of withdrawal and the rescission of the civil law suits this act's purpose or not. This act is prior to other laws in accordance with a provision of article 4. But other law has priority over this act if other law favors consumer. So, the rescission of this act should not be applied for these cases. And consumer's right on this act is not the rescission but the right of withdrawal in aspects of purpose and definition etc. Also, it is not necessary that this act vests two rights playing a same role in consumer, and it is not a reasonable ground to impose two same obligations on business. Therefore, consumer's rescission must be repealed to suit this act's purpose.

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