The terms of service have unfair clauses. Can I argue?

What the Law Says

South Korean law protects consumers from one-sided or oppressive contract terms imposed by businesses. The Act on Regulation of Terms and Conditions (ARTC) specifically governs when standard terms — like those in online terms of service — are unenforceable.

Under Article 6 of the Act on Regulation of Terms and Conditions, any clause that unfairly harms the consumer's interests — such as limiting liability for gross negligence, unilaterally changing terms without consent, or waiving statutory rights — is deemed 'void' (i.e., legally ineffective) from the outset.

The law applies to all standard terms used in mass-market contracts, including website terms of service, mobile app agreements, and e-commerce checkout pages. Businesses must ensure their terms comply with fairness standards set out in Articles 3–5 and the detailed prohibitions in the Enforcement Decree.

The Korea Fair Trade Commission (KFTC) maintains a publicly available list of commonly prohibited clauses, and it may order businesses to revise or delete unfair provisions. Consumers may also file complaints directly with the KFTC or seek redress through consumer dispute mediation.

Statutory Text

Any term and condition that unfairly harms the interests of the other party shall be void.

— Act on Regulation of Terms and Conditions, Art. 6 — Effect of Unfair Terms

Statutory Text

Terms that exempt or limit the business operator’s liability for damage caused by its intentional act or gross negligence shall be deemed unfair.

— Enforcement Decree of the Act on Regulation of Terms and Conditions, Art. 7(1)(a)

What to Do

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