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[Alpha Biz=(Chicago) Reporter Paul Lee] The Supreme Court ruled that the terms and conditions of SK Telecom and KT, which restrict the withdrawal of mobile phones when they are opened, go against the current law regulations. It is the first Supreme Court ruling in a consumer class action suit filed under the Framework Act on Consumers.
On the 15th, the Supreme Court broke an appeal that ruled against the plaintiff in an appeal for the prohibition and suspension of infringement of consumer rights filed by the Korea Consumer Federation against SKT and KT, and returned the case to the Seoul High Court.
Supreme Court Justice Cho Jae-yeon was in charge of the SKT case and KT Justice Min Yoo-sook was in charge of the case.
The Korea Consumer Federation filed a lawsuit, saying it violated consumer rights by creating terms and conditions that restrict SKT and KT from withdrawing their mobile phone opening contracts. The intent is that the terms and conditions are in violation of the current law.
The Door-to-Door Sales Act and the e-Commerce Act guarantee consumers who have signed purchase contracts through the Internet, home shopping, and telephone recommendations to withdraw their subscriptions for a certain period of time.
However, the first and second courts explained that when the mobile phone line is opened, the mobile communication service will be provided every moment, and the value of the service will expire after that moment. In the meantime, it was determined that it was the case where the consumer could not exercise the right to withdraw the subscription.
On the other hand, the Supreme Court drew the line that the value of mobile communication services cannot be seen as decreasing enough to restrict the exercise of subscription withdrawal rights.
Alphabiz Reporter Paul Lee(hoondork1977@alphabiz.co.kr)
