E-Commerce Act Lawyer
E-Commerce Act Lawyer | Advisory support for online sellers and platforms
The Act on Consumer Protection in Electronic Commerce (전자상거래 등에서의 소비자보호에 관한 법률, commonly "전자상거래법") sets mandatory rules for any business selling goods or services online in Korea — from identity and price disclosure to withdrawal (cooling-off) rights and refund timelines. Violations can trigger consumer complaints, corrective orders, or fines from the Fair Trade Commission, and in serious cases business suspension. Because the statute overlaps with the Framework Act on Electronic Commerce, the Consumer Basic Act, and platform-specific rules, businesses often need advisory review of their terms of service, refund policy, and advertising before problems arise rather than after.
E-Commerce Act | Mandatory disclosures and pre-sale information duties
Most disputes under this statute start with something a seller failed to state clearly before the sale, not with the product itself.
Seller identification and business information
Online sellers must display their business name, registration number, address, phone number, and the name of the representative on the site before a transaction is completed (전자상거래법 제10조). This applies whether the seller operates its own site or sells through a marketplace listing, and missing or outdated information is one of the most common grounds for a consumer complaint to the Fair Trade Commission.
Contract and transaction record disclosure
Sellers must provide clear information on price, delivery cost, payment method, and withdrawal procedure before the contract is concluded, and must issue a confirmation of the contract content after payment (전자상거래법 제13조). Where this information is unclear or contradicts the actual product page, the seller bears the risk in a later dispute over what was agreed.
Advertising and misleading representation risk
Exaggerated or misleading claims about price, quality, or delivery timing can be reviewed both under this statute's disclosure duties and under the Act on Fair Labeling and Advertising, so advisory review of promotional copy before it goes live is generally more efficient than responding to a complaint afterward.
E-Commerce Act | Withdrawal rights, returns, and refund timelines
Refund disputes are the single largest source of consumer complaints against online sellers, and the statute sets specific deadlines that businesses are expected to know in advance.
The consumer's right to withdraw
A consumer may withdraw from an online purchase within 7 days of receiving the goods without needing to give a reason, subject to certain exceptions such as custom-made goods or products that have lost resale value (전자상거래법 제17조). Sellers who restrict this right through unilateral terms of service may find those terms unenforceable.
Refund deadline after withdrawal
Once a valid withdrawal is made, the seller must refund the amount paid within 3 business days of receiving the returned goods, and delaying beyond that period can itself become an independent basis for a complaint or a claim for statutory interest (전자상거래법 제18조).
Defective or mismatched products
If the goods delivered differ from what was advertised or are defective, the cost of return shipping generally falls on the seller rather than the consumer, and the 7-day withdrawal period does not apply in the same way — this is where sellers and consumers most often disagree about who caused the discrepancy.
E-Commerce Act | Fair Trade Commission review and administrative sanctions
Enforcement usually starts with a consumer complaint or a routine sector inspection, not a lawsuit — understanding that process changes how a business should respond.
Corrective orders and public disclosure
Where the Fair Trade Commission finds a violation, it may issue a corrective order requiring the business to fix the practice, and in certain cases publicize the violation, which carries its own reputational consequence independent of any fine (전자상거래법 제32조).
Administrative fines
Repeated or serious violations of disclosure, withdrawal, or refund duties can lead to administrative fines set according to the type and gravity of the violation (전자상거래법 제34조). Advisory intervention at the investigation stage — before a formal finding is issued — often has more room to shape the outcome than a response filed after the decision.
Business suspension for serious or repeat cases
In serious or repeated cases, the Fair Trade Commission can order suspension of all or part of the business's electronic commerce operations for a set period (전자상거래법 제32조), which is a materially different level of risk from a fine and usually warrants a written response prepared with legal advice.
E-Commerce Act | Platform and marketplace operator liability
Businesses that operate a marketplace rather than sell directly face a separate layer of obligations toward the sellers using their platform and the consumers who buy through it.
Platform's duty to identify sellers to consumers
A marketplace operator that merely provides a venue for third-party sellers must still disclose that it is not the seller of record and provide consumers with a way to identify and contact the actual seller (전자상거래법 제20조). Failing to do this clearly can expose the platform itself to liability that was originally the individual seller's.
Joint liability in certain circumstances
Where a platform operator represents itself as the seller, or fails to provide adequate seller-identifying information, it can bear liability alongside or instead of the actual seller for damage suffered by the consumer (전자상거래법 제20조의2). This is a frequent point of advisory review for growing marketplace businesses updating their terms of use.
E-Commerce Act | From initial review to resolution
We review your current terms of service, refund policy, and product page disclosures against the statute's requirements to identify existing gaps before they become complaints.
We provide a written opinion on specific risk points and, where needed, draft revised terms, disclosure notices, or refund procedures tailored to your business model.
If a consumer complaint or Fair Trade Commission inquiry has already been received, we help prepare the factual response and supporting documentation within the applicable deadline.
Because enforcement guidance and related regulations are updated periodically, businesses with recurring exposure often keep advisory counsel on a periodic review basis rather than a one-time consultation.
E-Commerce Act | How advisory fees are calculated
Fees for a single review of terms of service, refund policy, or a specific advertising campaign are generally calculated based on the volume of documents and the complexity of the business model.
Where a formal complaint or Fair Trade Commission inquiry is already underway, fees reflect the scope of the factual investigation needed and the number of submissions required within the response deadline.
Businesses that need recurring review of new product listings, promotional copy, or platform terms often arrange a periodic retainer rather than paying per matter.
Separate from legal fees, disbursements may include document translation, expert consultation on technical platform features, or administrative fees for formal submissions.
※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.
E-Commerce Act | Self-Check Before You Reach Out
1️⃣ For Online Sellers
- Does your product page clearly show your business registration number and contact information?
- Does your refund policy allow withdrawal within 7 days without requiring a reason, subject to lawful exceptions?
- Have you issued a refund within 3 business days after receiving a valid returned item?
- Does your advertising copy match what is actually delivered to the customer?
2️⃣ For Marketplace or Platform Operators
- Do your listings clearly identify the actual seller rather than implying the platform itself is the seller?
- Can a consumer easily find contact information for the individual seller on your platform?
- Have you reviewed your terms of use for language that could be read as assuming seller liability?
3️⃣ If You Have Received a Complaint or FTC Inquiry
- Do you know the exact deadline stated in the inquiry or complaint notice?
- Have you preserved the original product page, order records, and communication with the consumer?
- Has a similar complaint been raised before, suggesting a pattern rather than an isolated incident?
