전자거래 분쟁해결 제도에 관한 소고

Abstract

This paper discusses about the e-commerce and the various types of e-commerce disputes. Through empirical examination on the dispute consideration system and by comparative analysis it is derived out of the weakness of current system and finally some suggestions for improvement. First, it is recommended that the more sophisticated knowledge concerning e-commerce should be proliferated through the existing institutions. For example, disputes for B2C could be managed by the consideration system of consumer dispute consideration in Consumer Protection Board of Korea, while B2B by the arbitration system of the Korean Commercial Arbitration Board. Second, the role of Korea Institute for Electronic Commerce established for the purpose of consideration of e-commerce disputes is much emphasized. For successful achievement, it is necessarily required to reinforce the related laws, systems, institutions and human resources. Finally, it is also suggested that the Korean Commercial Arbitration Board and Consumer Protection Board of Korea fully cover consideration and arbitration, while Korea Institute for Electronic Commerce activates its proper role of consulting and ad hoc arbitration by using electronic information. This study results are how to minimize the disputes and the method of dispute settlement. Therefore, a role of arbitration proposed and emphasized. To protect the dispute in advance, it's suggested to revise rules timely following on technical changes, and emphasized that the dispute has to lead to arbitration settlement not for consuming unnecessary time and finance for enterprises and consumers.