전자상거래와 소비자안전에 관한 연구

Abstract

E-commerce is the main transaction method in which consumers purchase goods. However, when hazardous goods are distributed through e-commerce, consumer safety may be violated. The Framework Act on Consumer has various systems to ensure consumer safety. However, there is a limit to securing consumer safety in the e-commerce environment because the Framework Act on Consumer targets the 20th century transaction market. Accordingly, the Fair Trade Commission newly established the obligation to take measures to prevent consumer harm in the entire amendment of e-commerce to ensure consumer safety in the e-commerce market. The purpose of the amendment itself is justified. But the contents of the amendment have various problems in securing consumer safety, the purpose of which is to briefly present them as follows. First, it is inconsistent with the purpose of the E-Commerce Act. The obligation to take measures to prevent harm is not consistent with the purpose of the E-Commerce Act, since consumer safety is not a transaction but a matter of the use of goods. Second, the online sales business operator, etc. does not bear the recall obligation pursuant to Article 20 (1) of the amendment, but rather occurs at the request of the relevant business operator. Therefore, it is inconsistent with the purpose of securing consumer safety through prompt recall measures. Third, the obligation to take technical measures such as blocking sales applies only to large-scale business operators. However, the issue of consumer safety does not have to be decided differently depending on the size of the business operator. Fourth, the damaged consumer can claim the liability for defect guarantee or product liability, which is no negligence. But according to the amendment, the victim cannot claim no negligence. Lastly, both the duty to cooperate and the duty to take action are premised on the laws prescribed by Presidential Decree. However, administrative regulations(recall orders, etc.) regulated in the Consumer Basic Act cannot be applied to overseas business operators. As such, the amendment has various problems in its content, contrary to its purpose. Therefore, it is necessary to modify the contents to suit the purpose. In addition, whether it is possible to add consumer safety information to the transaction law, which is a fundamental issue, is essentially a matter to be considered. Therefore, it would be desirable to solve the consumer safety problem by amending the Framework Act on Consumer or by enacting the provisional “Consumer Safety Act”.