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Duty of information supply and rule of clearness in electronic commerce consumer protection act

  • Informatization Policy
  • Abbr : 정보화정책
  • 2004, 11(3), pp.30-43
  • Publisher : NIA
  • Research Area : Social Science > Public Policy

Lee Byung Jun 1

1한국외국어대학교

Candidate

ABSTRACT

The type of information that should be provided by an enterpriser on the basis of duty of information supply in e-commerce consumer protection act can be widely categorized to information about one’s identity and information about terms of contract. Because the purpose of providing information differs at each category of information, it should be different for the way to provide information. Enterpriser may not necessarily furnish consumers with information about one’s identity directly, but it can be said to the extent that consumers easily find information about one’s identity whenever they want to have it from the very beginning of business contact and continuously throughout the commercial activities. On the contrary, information about terms of contract should be provided to consumers directly, stipulation or indication that merely makes them be able to find information is not enough. In relation to these provisions, it seems to me that the korean legislature is not sufficient to the purpose of each information supply. It could be said that the korean legislature bestow elasticity on an enterpriser to some degree because he allows them to use the form of electronic data. But it should be noted that it is not proper to regulate quantity and contents of information to be provided uniformly. Basically there is no problem when we assume that the contract has been made through Internet, but when if enterpriser use mail order, such as broadcast, mobile device, all the information can not possibly be included, if ever, consumers may not be protected enough paradoxically. Therefore it should be noted that it is necessary for a more elastic fashion to provide quantity and contents of information.

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