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한국에 있어서 소비자보호를 위한 법과 정책 : Consumer Law and Policy in Korea
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 권오승 | - |
dc.date.accessioned | 2009-09-07T04:15:51Z | - |
dc.date.available | 2009-09-07T04:15:51Z | - |
dc.date.issued | 2000 | - |
dc.identifier.citation | 법학, Vol.40 No.4, pp. 1-22 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | https://hdl.handle.net/10371/8806 | - |
dc.description.abstract | 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. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 1980년 1월 소비자보호법 | - |
dc.subject | 約款規制法 | - |
dc.title | 한국에 있어서 소비자보호를 위한 법과 정책 | - |
dc.title.alternative | Consumer Law and Policy in Korea | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Kwon, O Seung | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 22 | - |
dc.citation.number | 4 | - |
dc.citation.pages | 1-22 | - |
dc.citation.startpage | 1 | - |
dc.citation.volume | 40 | - |
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