Mobile open-markets are cyber-malls that users can buy digital contents by means of smart phones etc. Digital contents transactions on mobile open-markets are increasing rapidly according to the increase of smart phones etc. But Users damages are increasing rapidly as well. Therefore, the necessity for users protection has being raised. The legal relationship between business and users is mainly governed by the terms. However, the contents of the current terms are unfavorable to the user because it consists primarily of business interests. These points will direct users to the damages and go against the establishment of fair trade order in this area. A mobile open-market operator is a distance sales mediator and a distance seller. Therefore, he/she should bear certain legal responsibilities. Nevertheless, terms providing for full disclaimer is unfair terms. Therefore, the terms of business will have to be revised in the direction to protect the users. Also, the government must support the business with a precedence to protect users.