Analysis the Types of Consumer Damages Incurred by Using a Digital Contents

디지털콘텐츠 소비자 피해유형 분석

The advance of digital contents industry shifts the focus of consumptions; from analogue to digital ones. It gives significant impact on individual life as well as overall society and culture, and it leads to the increased consumption of digital contents. Nevertheless, current digital contents industry fails to secure the sufficient consumer protection systems including relevant rules and laws which regulate the distribution, use, and other transaction activities of digital contents and the efforts, on the part of contents providers, to provide information to consumers and to protect them. Digital contents, by its nature, is different from the existing products so that its nature is likely to cause unique consumer problems totally different from the offline transactions and the electrical transactions of existing products. This study, therefore, aims to identify the possible problems which may be incurred by consumers in their use of digital contents, specify the types of consumer damages, and provide the underlying materials to improve the systems related to digital contents and take legally complementary measures for consumer protection. To identify the types of consumer damages, this study analyzed the results from consumer counselling cases, experts opinion survey, and FGI. For consumer damage cases, this study analyzed the consumer complaints received by open consumer counselling sites of the Korea Consumer Agency and Seoul Electronic Commerce Center. For experts opinion survey, it conducted questionnaire survey of the group of experts from digital contents manufacturers or providers, and those who treated consumer damages directly. For FGI analysis, it organized a panel of students and employees who had used digital contents to understand the types of consumer damages. The results of this study can be summed up as follows. Based on the results from consumer counselling cases, experts opinion survey, and FGI analysis, the consumer damages related to digital contents can be classified, in their nature, into economic or financial damages (25 cases), emotional or psychological ones (15 cases), time-related ones (7 cases), physical ones (4 cases), and privacy-related ones (i.e. leakage of personal data)(3 cases). More specifying the types of damages, damages can be subdivided into contract-, charge-, maintenance-, use-, individual-related ones and other ones. Among them, both contract- and charge-related damages appeared only in the economic or financial damages, whereas user-specific individual damages appeared only in physical and emotional or psychological ones. On the other hand, maintenance- and use-related damages and other ones were observed in both categories of economical or financial damages and time-related ones. Use- and privacy-related damages, in particular, caused emotional or psychological damages.