동아시아에 있어서 소비자보호-한,중,일 국제학술세미나 : 제1부 ; 논문 : 계약자유와 소비자보호
Freedom of Contract and Consumer Protection

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서울대학교 법학연구소
법학, Vol.42 No2 pp.1-22
market economymarket systemPrivatautonomie
The freedom of contract is the main principle of civil law in Korea as
well. But various exceptions have been made not only by the interpretation of
general clauses in current civil law, but also by the legislations of special
contract laws for consumer protection: such as Installment Transactions Act,
Regulation of Standardized Contracts Act, Door to Door Sale, etc. Act, and so
on. These special laws adopted not only the limitation of freedom of contract,
but also the administrative regulations of activities of sellers in various ways.
The main methods to protect consumer in special laws are divided in two
ways. One is to restrict the freedom of contract on seller's side and the other
is to provide buyer more informations about the contract. Although most
developed countries prefer the latter in this century, Korea still insists the
former way. As a result, the regulations for consumer protection are also
confronted by the stream of deregulation.
Therefore the author has strongly criticised the methods of consumer
protection in current laws and recommend to adopt the latter and to replace
gradually the former by the latter. And then the consumer protection laws can
be more easily incorporated in civil law system.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 42, Number 1/4 (2001)
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