상용고객 우대제도와 소비자보호에 관한 연구
A Study on the Frequent Flyer Program and Consumer Protection

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서울대학교 법학연구소
법학, Vol.50 No1 pp.379-417
상용고객 우대제도마일리지 제도선포인트 할인제도할부거래, 약관의 변경불공정 약관마일리지의 양도 및 상속Mileage ProgramPre-point Discount SystemAmendment of ClauseTransfer of a Mileage
A frequent flyer program is a loyalty program offered by many airlines.
Typically, airline customers enrolled in the program accumulate points corresponding
to the distance flown on that airline. Accrued points can be redeemed for
free air travel(other goods or services) or for increased benefits, such as airport
lounge access or priority bookings. The first modern frequent flyer program was
AAdvantage, initiated in May 1981 by American Airlines. Since then, frequent-flyer
programs have grown enormously. But according as time passes, lots of consumer
damages are occurring, and consideration of legal solutions is pressing in reply.
Origination of these legal problem happens in difference of realization about
mileage most basically. A businessman is recognizing a mileage into a kind of
benefit, but a consumer is recognizing as a right. But legal protection on mileage
should be achieved because mileage is not simple benefit but a right of consumer
Also, a businessman is denying inheritance of mileage, but this right can not
exclude inheritance because it is property rights. Extinctive prescription period of
mileages is 3 years and the starting point of reckoning should be settled a time that
a consumer could use mileages. In amendment of clause as to mileages,
businesses’ unilateral amendment is not legally binding. Therefore, in case of
satisfying the required conditions, an amended clause comes into effect. A contract
by means of the pre-point discount system amounts to a installment transaction on
the Installment Transaction Act. So, a businessman must fulfill one’s duties(duty of
explanation, duty to deliver contractual documents and others) and a consumer
could exercise one’s rights(cooling-off, right of defense and others) on Installment...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 50, Number 1/4 (2009)
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