한국에 있어서 소비자보호를 위한 법과 정책
Consumer Law and Policy in Korea

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서울대학교 법학연구소
법학, Vol.40 No4 pp.1-22
1980년 1월 소비자보호법約款規制法
In Korea, the Consumer Protection Act was enacted in 1981. The Act
declares that a consumer has seven fundamental rights, it provides the roles of
consumer and consumer organizations, and the duties of state and government
to realize consumer rights and to promote consumer benefits. The most
important duties of state and government are to enact consumer laws and to
develop and enforce consumer protection policies. The Act establishes the
Korean Consumer Protection Board to drive consumer protection policies
effectively and to set up the Consumer Mediation Committee in the Korean
Consumer Protection Board for mediating consumer disputes.
There are various problems that are related to consumer protection, but this
paper will focus only on two major problems: one is the unfair clause of
standard form contracts, and the other is the product liability. In Korea, unfair
clauses are controlled in three stages by the Act of Regulating Standard Form
Contract. First, the clauses are not stated plainly or explained by the proposing
party are excluded from the content of the contract by another party. Second,
the clauses of standard form contracts shall be fairly interpreted by the faith
and fidelity rule. Third, unfair clauses of contracts that are contrary to the
faith and fidelity rule are invalid. The Act prohibits certain undertakings from
using unfair clauses that are against the Act. It also gives the Fair Trade
Commission the power to judge the unfairness of clauses and to command the
undertaking which uses unfair clauses to eliminate or to correct the unfair
clauses. Although the Act has, in the meantime, considerably contributed to
improve the practices of consumer transaction, it encounters criticisms as
follows; First, the criteria which the Act provides to estimate the unfairness of
clauses are not detailed and concrete enough to be applied to concrete cases.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 40, Number 4 (2000)
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