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소비자중재에서 소비자보호의 문제 : The Consumer Protection in Consumer Arbitration
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- Authors
- Issue Date
- 2008
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.49 No.1, pp. 231-248
- Keywords
- 소비자중재 ; 중재적격 ; 중재합의 ; 정보제공의무 ; 소비자보호 ; 공서양속위반 ; consumer arbitration ; mandatory pre-dispute arbitration ; arbitration clause ; notice of arbitration agreement
- Abstract
- These days, arbitration actively is used in many areas as the most effective
dispute settlement scheme alternating trial of the court. In Korea, consumer
arbitration has not yet revitalized, but due to many merits arbitration system has
such as promptness of dispute settlement, flexibility of procedure, tendency to
use arbitration as alternative dispute resolution in consumer dispute will gain
strength in the future. In the face of revitalization movement of consumer
arbitration, it is required to examine consumer protection in consumer arbitration.
The protection considering specific circumstance of consumer who is not used
to business relations is required in consumer arbitration. However, it is
unnecessary to exclude the protection from arbitration subject of consumer
dispute or do the protection through limitations on the time or method of
arbitration agreement, since these will obstruct revitalization of consumer
arbitration. Consumer protection in consumer arbitration has to be done through
imposition of duty to offer accurate information to consumer. Also, it is
desirable for consumer protection to be achieved in preventive level, and
post-governance arbitration like application for setting aside award to court due
to conflict with the ordre public should be avoided.
- ISSN
- 1598-222X
- Language
- Korean
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