The business-to-consumer (B-to-C) electronic commerce on the global network has grown rapidly in Korea since 1996. In 1998, the number of Internet users reached 4 million and the estimated sales turnover of B-to-C electronic commerce was 42 million US dollars. A great number of new shopping malls have been entering the electronic marketplace and their number was been estimated at about 500 as of May 1999. Electronic commerce allows consumers to conveniently purchase goods and services at a lower cost on the borderless global networks.

However, it invokes new consumer issues such as fraudulent and misleading transactions, misuse of personal information and the difficulty of addressing consumer complaints.

Along with other areas, such as privacy, authentication, taxation and security, the issue of consumer protection has been an important agenda in international conferences on electronic commerce hosted by the OECD since 1997. The related committees in the OECD, in particular, the Information, Computer and Communications Policy (ICCP) and the Committee on Consumer Policy (CCP), have been reviewing the way for dismantling constraints, increasing consumer trust and encouraging participation in electronic commerce.

The CCP drafted the Declaration on Consumer Protection in the Context of Electronic Commerce and submitted it to the Ottawa Ministerial Conference on Electronic Commerce in 1998. In order to develop B-to-C electronic commerce, the Declaration recommended that Member Countries encourage self-regulation by businesses, review existing legislation covering electronic commerce and developing technology as a tool of consumer protection, reinforcing consumer education, and promoting international cooperation.

The CCP is planning to finish formulating the Guidelines for Consumer Protection in the Context of Electronic Commerce by the end of 1999. In May 1999, the delegates from Member Countries reviewed the Draft Guidelines [Revision 4], which included general principles with regard to fair business practices, online advertising and marketing, contract information, confirmation process, and consumer complaint and dispute resolution.

However, it will not be so easy to reach conclusion by the end of 1999, as there is a great gap among the countries' positions concerning several issues, in particular, jurisdiction and applicable laws in international B-to-C electronic commerce. The EU and consumer representatives insist that the existing laws on jurisdiction and other applicable laws, such as the Brussels Convention and Rome Convention, should be applied on electronic commerce. On the contrary, the delegation from the US and business associations said that it was premature to provide such provisions.

This report introduces the OECD's works on consumer protection issues in the field of electronic commerce along with some implications for consumer policy in Korea as follows: First, it is necessary for the government to encourage market-driven self-regulation as a policy direction of B-to-C electronic commerce and to push ahead with governmental regulation as a tool for promoting effective enforcement of self-regulation.

Second, the government should develop implementation policies for the Electronic Commerce Act newly enacted in early 1999 and adapt existing laws like the Door-to-Door Sales Act to the specific characteristics of online transaction. In order to encourage fair business practices, the policy authorities had to develop and distribute model contract terms and revise the Fair Trade Commission's rules for labelling and advertising in the area of tele-marketing.

Third, the government should develop the so-called the 'Internet Fraud Watch Center' in order to monitor marketing practices, provide consumer information and enforce regulatory policies. Fourth, the government needs to reinforce consumer education and awareness of businesses with regard to electronic commerce through the establishment of a 'Consumer Center for Electronic Commerce'. Finally, the government should actively take part in international joint action such as 'Internet Sweep Day.' Through this effort and others Korea could exchange their own experiences and information for effective dispute resolution, and encourage mutual recognition of each legal scheme or decisions with other countries.

국문요약

Ⅰ. 머리말

Ⅱ. 전자상거래 소비자보호에 관한 OECD 논의의 개요
1. 통신정책위원회에서의 전자상거래 소비자보호 문제 논의
2. 국제회의에서의 전자상거래 소비자보호 문제 논의
3. 소비자정책위원회에서의 전자상거래 소비자보호 문제 논의

Ⅲ. 「전자상거래 소비자보호 선언」의 구성 및 정책 방향
1. 의의와 구성
2. 문제 인식
3. 정책 방향

Ⅳ. 「전자상거래 소비자보호 가이드라인(안)」의 주요 내용
1. 전문
2. 가이드라인

Ⅴ. 요약 및 정책적 시사점
1. 요약
2. 정책적 시사점

참고문헌

부록 1. Ministerial Declaration on Consumer Protectionin the Context of
Electronic Commerce
2. Draft Recommendation of the Council ConcerningGuidelines for Consumer
Protection
in the Contextof Electronic Commerce