2. Explain the consumer's right to withdraw an offer under the Act on Consumer Protection in Electronic Commerce.

The Act on the Consumer Protection in Electronic Commerce, etc. provides a consumer's right of withdrawal for contracts made through mail-order sales. Mail-order sales means providing information on the sale of goods or services (including the right to use certain facilities or receive services) by mail, telecommunications or other methods prescribed by Ordinance of the Prime Minister, and selling goods or services upon a consumer's offer (Article 2(1) of the Act). However, the right of withdrawal cannot be exercised for matters excluded from the Act's application or matters for which the right of withdrawal is restricted.

Matters excluded from the Act's application are, first, telemarketing under Article 2(3) of the Door-to-Door Sales, etc. Act (proviso to the same paragraph of the same Article). Second, transactions in which a business operator (excluding multi-level salespersons under Article 2(6) of the Door-to-Door Sales, etc. Act) purchases for the purpose of commercial activity (Article 3(1) of the Act); however, this does not apply where, even though a business operator, it transacts in effect in the same position as a consumer and on the same terms as other consumers. Third, transactions in securities by investment dealers and investment brokers under the Financial Investment Services and Capital Markets Act; transactions in financial products handled directly by financial institutions falling under Article 38(1) to (12) of the Act on the Establishment, etc. of Financial Services Commission, financial institutions established under other statutes, or financial institutions established with the authorization or permission of central administrative agencies; and transactions for selling daily necessities, food and beverages, etc. to neighboring areas (paragraph 4 of the same Article and Article 3 of the Enforcement Decree).

For matters subject to restriction of the right of withdrawal, the consumer cannot withdraw the offer, etc. against the will of the mail-order business operator. Article 17(2) of the Act on the Consumer Protection in Electronic Commerce, etc.

Matters restricted by law are, first, where the goods, etc. have been lost or damaged for reasons attributable to the consumer, excluding cases where the packaging, etc. was damaged in order to check the content of the goods; and second, where the value of the goods, etc. has decreased significantly due to the consumer's use or partial consumption.

This provision was held unconstitutional by the Constitutional Court in its decision 2008Heonba157, etc. of December 28, 2010 and lost effect; since then, regulation of spreading false information has been handled as a matter for individual statutes, such as defamation under the Information and Communications Network Act or the Public Official Election Act. Withdrawal of an offer under the Electronic Commerce Act also has an exception allowing withdrawal within three months from the date of supply, or within 30 days from the date the consumer learned of the fact, where the goods differ from what was indicated or from the contract; checking this as well lets you use it right away in consumer-law assignments. Adding the legislative discussion after the unconstitutionality decision makes it even better.