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A Study on Resolution Methods of Overseas Direct Purchase Dispute by ODR

ODR을 통한 해외직구 분쟁해결방안

  • Received : 2015.01.21
  • Accepted : 2015.01.30
  • Published : 2015.03.02

Abstract

As the Internet rapidly emerges as a speedy and cost-effective way of purchasing goods from overseas websites, the number of disputes arising out of overseas direct purchases also increases. In such situations, a disgruntled consumer might be left without an effective remedy. Providing an alternative approach to redress such grievances might assist in resolving such disputes and in increasing consumer confidence in e-commerce. Online Dispute Resolution (ODR) will allow consumers to solve their disputes without going to court, in a quick, low-cost, and simple way. It also helps to eliminate complex jurisdictional and choice-of-law problems. On the other hand, it has many problems such as having inadequate confidentiality and security, not being able to meet the "writing" requirement for arbitration of disputes, having difficulty in enforcing online arbitration agreements, having difficulties in enforcing online decisions and so on. This article investigates relationship online disputes and ODR and suggests ways that ODR can work best in resolving disputes arising out of overseas direct purchases. To expand the ODR system in online disputes, it is very important for domestic consumers to recognize the concept and usefulness of the Alternative Dispute Resolution (ADR) and ODR systems. The Korean government must also help consumers recognize the ADR mechanisms of dispute resolution by public campaign advertisement of ADR systems. Further education of dispute resolution in higher educational institutions is also required as well as assisting the KCAB with funds and the establishment of ADR Law.

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Cited by

  1. A study on the use of the Artificial Intelligence and its legal meaning in the process of Online Dispute Resolution vol.17, pp.2, 2015, https://doi.org/10.16960/jhlr.17.2.201606.81
  2. Effects of Website Characteristics and Delivery Service Quality on Repurchase Intention vol.9, pp.5, 2015, https://doi.org/10.13106/ijidb.2018.vol9.no5.17