Article 1(Purpose) #
The Purpose of this regulation is to prescribe matters delegated by the "Act on the Consumer Protection In The Electronic Commerce Transactions, Etc." and the Ordinary of the Ace and matters necessary for the enforcement thereof.
[This Article Wholly amended 2012.8.17.]
Article 2(Method of Information Offering of Electronic Commerce) #
"Method prescribed by Ordinance of the prime minister " in main sentence of the Article 2(2) of the "Act on the Consumer Protection in the Electronic Commerce Transaction, Etc." (hereinafter referred as "the Act") means below.
1. Method of using advertisement, advertising facility, leaflet, broadcasting, newspaper and magazine.
2. Method of postal money order, postal transfer, giro and account transfer while not contacting with the sellers.
[This Article Wholly amended 2012.8.17.]
Article 3(Intermediating Method of Electronic Commerce Transaction ) #
"Method as prescribed by Ordinance of the prime minister " in the Article 2(4) of the Act means any performance of marketing for electronic commerce by using his/her name or providing information and receiving subscription of electronic commerce by showing his/her name in the advertisement means.
[This Article Wholly amended 2012.8.17.]
Article 4(Non-Scheduled Transaction According to Standard Methods Transaction) #
① "Transaction prescribed by the Ordinance of the Prime Minister" in the Article 3(2) 1 means the transaction that is unable to be issued document (includes a electronic document according to the Article 2(1) of the "Framework Act On Electronic Document and Transactions", hereinafter same shall apply) pursuant to the Article 13(2) of the Act, such as using telephone information service with wired/wireless phone etc.
② In the transaction of the paragraph (1), name, contact number, contents and utilization fees of goods, etc. of the person, who provides goods or services (hereinafter referred to as "goods, etc."), shall be informed before the transaction, details of transaction payment shall be informed after the transaction.
[This Article Wholly amended 2012.8.17.]
Article 5(Notification to Consumer about Electronic Payment Fact) #
"the method such as sending of electronic document prescribed by the Ordinance of the Prime Minister" in the Article 8(3) of the Act means that to give notification to consumer about electronic payment immediately through telephone, fax, cellular phone etc, and to mark the transaction details, utilization charge, contact number(telephone number, e-mail address etc.)of the business operator offering goods etc., when notified in the monthly set date. Provided, in the case with consent of consumer the notification or mark can be omitted.
[This Article Wholly amended 2012.8.17.]
Article 6(Notification of The Means of Settlement) #
A issuer of the means of settlement in the Article 8(4) of the Act shall notify each item below to a consumer.
1. Name of Representative, address of main office, telephone number, e-mail address, volume of capital and conditions of owner's equity etc.
2. Insurance Contract of compensation to consumers' damage etc. in the Article 24(1) of the Act(hereinafter referred to as "insurance contract of compensation to consumers' damage etc."). Added conclusion and contents of the contract and matters to confirm the contract.
3. Cash-refund of rest amount and matters related.
4. Disposal standard of return and matters related to encashment.
5. Current condition of the cyber mall that able to use the relevant payment method.
6. Limitations and cautions of the use of relevant payment method.
7. Other matters that the counted matters that may cause damage to a consumer who use relevant payment method where mark or notification were not given to a consumer.
[This Article Wholly amended 2012.8.17.]
Article 7(Indicating Measure of Cyber-mall Operator) #
① A cyber mall operator carrying on the electronic transaction shall indicate the items in the Article 10(1) 1 through 6 of the Act on the initial homepage of his/her cyber mall to be identified easily by consumers. Provided, the items of 10(1) 1 to 5 may be provided through linked display.
② A cyber mall operator of electronic transaction /shall link the operator’s information to the initial homepage of cyber mall pursuant to the Article 12(4) of the Act and the Article 19 of the “Enforcement Decree of Act on the Consumer Protection in the Electronic Commerce Transaction, Etc."(hereinafter referred to as the "Enforcement Decree")in order to be confirmed the truth mentioned in the paragraph(1) by comsumer with easy.
③ A cyber mall operator of electronic transaction which use devices with limitation of output, such as cellular phone, he/she shall make the Article 10(1) 1 through 6 be listed in order on the cyber mall. In this case, name of the representative, business license number and cyber mall policy may be replaced by way of being displayed to confirm the contents.
[This Article Wholly amended 2012.8.17.]
Article 8(Electronic Commerce Operator Report) #
① A Electronic commerce operator who intends to report under the Article 12(1) of the Act and the Article 13(1) in the Enforcement Degree, other than each subparagraph of the Article, shall submit Report of Electronic commerce Business of the Attached Form no.1 to Fair Trade Commission or the Governor of the special self-governing Province, mayor, head of Gun/Gu (referred a head of autonomous Gu. hereinafter same shall apply). Where he/she is not able to provide a name of internet domain and location of host server as an initial reporter, he/she shall supplement them within 30 days of the issue date of the certificate pursuant to the paragraph (3).
② "Document form prescribed by the ordinance of the prime ministry" of the Article 13(1)1 of the Enforcement Degree means the Certificate on Safety Service Use of Purchase of the Attached Form no.2
③ Upon receiving the report under the paragraph 1, Fair Trade Commission or the Governor of the special self-governing Province, mayor, head of Gun/Gu shall issue the electronic commerce operation certificate of the Attached Form no.3
[This Article Wholly amended 2012.8.17.]
Article 9(Report on Amendment) #
An electronic commerce operator who intends to report changes according to the Article 12(2) of the Act and the Article 16(1) of the Enforcement Decree shall submit the Electronic Commerce Business change report of the attachment form no. 4 with the proof document of the changes to Fair Trade Commission or the Governor of the special self-governing Province, mayor, Governor of Gun/Gu.
[This Article Wholly amended 2012.8.17.]
Article 10(Report on Suspension · Closure etc.) #
Electronic commerce operator who intends to suspend, close or reopen in accordance with the Article 12(3) of the Act and the Article 17 of the Enforcement Decree shall submit a Report of Electronic Commerce Business (Suspension, Closure, Reopen) of Attached Form no, 5 to Fair Trade Commission or the Governor of the special self-governing Province, mayor, head of Gun/Gu 5 days prior to the suspension · closure · reopen of the business.
[This Article Wholly amended 2012.8.17.]
Article 11(Report Obligation by Electronic Document) #
① A person who intends to report by electronic document pursuant to the Article 18(1) of the Enforcement Decree, may use certified under the Article 2(3) of the “Digital Signature Act” or electronic signature equivalent to the certified one, through authentication system using technique of encryption and digital signature.
② In order to dispose the report by electronic document mentioned in the paragraph 1, the Governor of the special self-governing Province, the mayor, the Governor of Gun/Gu shall make their homepage be linked to the information system set by Fair Trade Commission at ease.
[This Article Wholly amended 2012.8.17.]
Article 11-2(Notification of Non Electronic Commerce Operator) #
① "Method prescribed by the Ordinance of the prime minister" on the Article 20(1)of the Act means that the notification should be given on the initial homepage of cyber mall operated by an electronic commerce broker, additional information below, if any, should be given .
1. When an electronic commerce broker shows or advertises with his/her name : he/she shall notify that on the first page of showing and advertising media.
2. When an electronic commerce broker issues documents related to the contract pursuant to the Article 13(2) : notify them through the document.
3. When an electronic commerce broker offers measure of subscription: Notify them in the process of confirmation, correction, cancellation of the subscription under the Article 14 of the Act.
② When electronic commerce broker notify the matters above subparagraph 1 through 3, the letter size shall be same or bigger than the letter size which shows the contract parties.
[Newly inserted 2012.8.17.]
Article 11-3(Explanation · Notification to Consumer about Installation of Computer Program, Etc.) #
"Method by the Ordinance of the Prime ministry" of the Article 21(1) 7 means that important notification of size, function, effect to the exist computer program, ways of deletion etc. should be given to consumers prior to installation of the computer program.
[Newly inserted 2012.8.17.]
Article 12(Insurance Contract of Compensation to Consumers' Damage, Etc.) #
① Specific standards of insurance contract of compensation to consumers' damage etc. recommended by the Fair Trade Commission under the main text other than each subparagraph of the Article 24(1) of the Act are the same as the below
1. Insurance benefit shall be directly received by the consumer purchasing the goods, etc. sold by the person who conclude the insurance contract of compensation to consumers' damage etc.
2. A person who conclude the insurance contract of compensation to consumers' damage etc. shall notify the conclusion of insurance contract etc. to the consumer immediately and easily.
② Specific standards of insurance contract of compensation to consumers' damage etc. that has to be concluded by an issuer of electronic payment method, under the Article 24(1) proviso part of the Act other than each subparagraph of the same Article, are the same as below.
1. By changing balance of electronic payment method, where the contract price needs to be changed Under the Article 28(3) 3 of the Enforcement Degree, adjust the insurance contract immediately. Provided, if it is difficult to change contract price with frequent changes of the balance, adjust the insurance contract based on the balance of the end of each month.
2. Insurance benefit shall be directly received by the consumer(refer to the final comsumer, if the electronic payment method is transferred) of the electronic payment method issued by who conclude relevant insurance contract of compensation to consumers' damage etc.
③ Details and procedure of insurance contract of compensation to consumers' damage etc. that has to be concluded by an issuer of electronic payment method, under the Article 24(1) proviso part of the Act other than each subparagraph of the same Article, are the same as below.
1. Because the issuer of the electronic payment method does not or could not implement his/her payment refund obligation, the consumer with the electronic payment method is not capable to demand his/her right: the consumer may report the bond to the insurance company, which concluded the insurance contract of compensation to consumers' damage etc., with the issuer of the electronic payment method under the Article 2(6) of the "Insurance business Act", and the bank under the Article 2(1) 2 of the "Bank law" (hereinafter in this paragraph, referred as "insurance company or bank") with period of over 30 days.
2. Where the bond price reported, during the period mentioned in the subparagraph(1), excess the contract price of the insurance contract of compensation to consumers' damage etc.: Each consumer's compensate amount is divided according to the reported bond price, to the limit of the contract price, by insurance company or bank
[This Article Wholly amended 2012.8.17.]
Article 13(Registration of Trade Union) #
Trade Union trying to register pursuant to the Article 37(1) of the Act and the Article 39(1) of the Enforcement Decree shall submit the Application Form of Trade Union of the Attached Form no. 6 to the Fair Trade Commission.
[This Article Wholly amended 2012.8.17.]