포인트 통합의 관점에서 본 포인트 제도의 법적 쟁점에 관한 고찰

초록

The use of points is increasing explosively, In the past, it was generally a ‘free’ bonus point. but in recent years there have been a lot of paid points, so that the concept has also changed, Moreover, recently these point systems have been integrated and used by each business group or thro맹h the cooperation of various compames. First of all, we have to think about the basic nature of the point system. Individual points can be called conditional contractual rights in that they have the characteristics of a contractual right and can be used when the available amount is reached. There have been many discussions on the expiration period in relation to the point system, which, unlike majority opinion, cannot be not considered to be the same as the extinct prescription. It is not only different in function but also has rnany problems that can not be solved by such approach. The specific law, which is most closely related to the point system, is the Electronic Financial Transaction Act. Points which correspond to prepaid electronic payment means under the Electronic Financial Transactions Act, can be subject to a wide range of regulations. However, a substantial range of point systems are outside the scope of regulations, as the point system should meet the requirements of the Act. It is thought that the possibility of being in the range of regulations is increased by the effect of integration of points system. The last major issue to discuss is the relocation of customer information. In Korea, there are several laws that deal with collecting and transferring information in a superimposed manner, and it is not easy to decide which law govems them. In the case of the transfer of customer information in connection with the point integration, the consent of the customer will be needed, but the detai!ed manners will vary depending on the nature of the information to be transferred.

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