[Consultation] Review of Improvement Recommendations from the Korea Consumer Protection Agency Regarding Terms of Use, Refund Regulations, and Promotional Announcements for Complimentary Gifts.

Law firm Veat reviewed the improvement recommendations from the Korea Consumer Protection Center regarding terms of use, refund regulations, and promotional advertisements for promotional items, etc.

A, which operates a mobile platform related to healthcare, received improvement recommendations from the Korea Consumer Protection Center regarding terms of use, refund regulations, and promotional advertisements for promotional items, etc.

Accordingly, Veat Law Firm asked A about whether the matters subject to improvement recommendations were essential improvements, the legal risks that could arise from non-compliance, and appropriate guidelines and methods for improving terms of use, refund regulations, and promotional advertisements for promotional items, etc.

Law firm Veat reviewed the “Act on the Restriction of unfair contract terms” (hereinafter referred to as the “Unfair Contract Terms Act”), the “Consumer Protection Act on Transactions Including Electronic Commerce,” the “Act on the Establishment and Operation of Educational Institutions and Private Tutoring,” the “Act on Visiting Sales,” the “Act on Food Labeling,” and the Fair Trade Commission’s Consumer Dispute Resolution Criteria, to examine the validity of each improvement recommendation from the Korea Consumer Protection Center regarding Veat Law Firm’s terms of use, refund regulations, and promotional advertisements for promotional items, etc., and to suggest appropriate improvement methods for A’s terms of use, refund regulations, and promotional advertisements for promotional items, etc.

In particular, excessive liability clauses under the Electronic Commerce Act may be invalid as unfair contract terms as defined in the Unfair Contract Terms Act, and the operator may receive corrective measures such as deletion, modification, etc., of the relevant clause from the Fair Trade Commission (Article 17, Article 17-2, Paragraph 1).



Law firm Veat provides comprehensive advice to businesses that provide online services such as electronic commerce and telemarketing, ensuring compliance with relevant laws and regulations such as the Unfair Contract Terms Act, the Consumer Protection Act on Transactions Including Electronic Commerce, and the Information and Communications Network Act, by identifying each business’s service content and type, and scope of obligations.

If you need advice on this matter, please feel free to contact Law firm Veat at any time.

Thank you.