소비자중재에서 소비자보호의 문제

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.