Effect of documents sent to an address not designated in agreement

Effect of undelivered documents
- Where an online shopping mall operator fails to send an electronic document (e-mail, etc.) to the address designated beforehand in the agreement to make a transaction by means of an electronic document, the operator shall not be permitted to claim any right arising out of such electronic document (Main provision of Article 5(1) of the Act on the Consumer Protection in Electronic Commerce, etc.).
- However, notwithstanding the above provision, the online shopping mall operator may claim his/her right in the following circumstances (Article 4 of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc.).
· Where e-mails have been exchanged with a consumer on at least 2 occasions and electronic documents have been transmitted to that e-mail address;
· Where the consumer has printed out the electronic documents;
· Where it is not against the consumer's interest and he/she does not deny the validity of such electronic documents; and/or
· Where there arises an urgent need to contact and no other means than e-mails are available.
Measures to prevent input errors

Confirmation of subscription and preparation of procedure for correction
- An online shopping mall operator shall prepare the procedures necessary for the confirmation and correction of contents, before charging for the order or the subscription, in order to prevent any damage caused by misrepresentation of will due to consumers' input errors, etc. in the course of electronic commerce transactions (Article 7 of the Act on the Consumer Protection in Electronic Commerce, etc.).

Sanctions for violations
- Where the operator fails to perform his/her duty under the above provision, the Fair Trade Commission may order him/her to take corrective measures. Where the violation is repeated despite the order to take corrective measures, an order to take corrective measures is not complied with, or the corrective measures alone are deemed difficult to prevent damage to consumers or impossible to compensate consumers for their damages, the Fair Trade Commission may order to fully or partially suspend the business for a fixed period of up to 1 year or impose upon the relevant operator penalty surcharges (Subparagraph 1 of Article 32(1), Article 32(4), and Article 34(1) of the Act on the Consumer Protection in Electronic Commerce, etc.).
Obligation to preserve transaction records

Preservation of transaction records such as signs, advertisements, and contents of the contract
- An online shopping mall operator shall preserve the records on transactions, such as signs, advertisements, and contents of the contract and execution thereof in connection with electronic commerce transactions and mail orders for a substantial period of time (Former part of Article 6(1) of the Act on the Consumer Protection in Electronic Commerce, etc.).
- An online shopping mall operator may preserve the transaction records and personal information (limited to information that allows identification of the subject of a transaction, such as name, address, and e-mail address) relating thereto that he/she is liable to preserve, even in the case where the consumer withdraws consent in relation to the use of such personal information (Article 6(2) of the Act on the Consumer Protection in Electronic Commerce, etc.).

Perusal and preservation method of transaction records
- When preserving the transaction records, a convenient means of perusal and preservation shall be provided to consumers (The latter part of Article 6(1) of the Act on the Consumer Protection in Electronic Commerce, etc.).

Sanctions for violations
- Where the operator fails to preserve the transaction records or provide a convenient means of perusal and preservation to consumers, he/she shall be subject to an administrative fine not exceeding KRW 5 million (Subparagraph 1 of Article 45(4) of the Act on the Consumer Protection in Electronic Commerce, etc.).
- In addition, the Fair Tarde Commission may order him/her to take corrective measures. Where an act of violation is repeated despite the order to take corrective measures, the order to take corrective measures is not complied with, or corrective measures alone are deemed insufficient to prevent damage to consumers or deemed impossible to compensate consumers for their damages, the Fair Trade Commission may order to fully or partially suspend the business for a fixed period of up to one year or impose upon the relevant operator penalty surcharges (Subparagraph 1 of Article 32(1), Article 32(4), and Article 34(1) of the Act on the Consumer Protection in Electronic Commerce, etc.).