지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 연구보고서
- 저자정보
- 발행연도
- 2013.12
- 수록면
- 1 - 224 (224page)
이용수
초록· 키워드
오류제보하기
Korea Consumer Law has protected consumers by regulating the conduct of business operators. Especially, Special-Type Commerce Division of Korea Fair Trade Commission(KFTC) has made a wide application of the law to a lot of illegal business acts, and the Cooling-off Right of consumer has been the center for protecting consumers.
As the contents and manners of consumer transaction become various, KFTC has tried to resolve general-type commercial disputes reasonably for consumers. In 2012, KFTC made and official announcement of Guideline of Unfair Business Operator Conduct in general transaction. However, this Guideline is so abstract that it couldn’t regulate unfair business operator conducts at all.
Looking into the current state of the relief from the consumer damage, unfair business operator conduct is more serious while contract is implemented than contract is made. Nevertheless, it is hard for consumers to resolve their problems by themselves, only depending on public law.
Developed countries modified various laws and regulations for rationalization and fairness of consumer transactions. They established business operator’ prohibited acts at each stage of contract and gave shape to these acts - exaggerating on giving false information, maintaining their contract with consumers on a deceptive manner, using unfair terms, disrupting executing rights of consumers, abusing position of business operator. According to the circumstance of each country, there are three ways to regulate unfair business operator conducts ; private, public or mixed sanction.
This study suggests Consumer Transaction Act to regulate unfair business operator conducts. This law shows the types of unfair commercial conducts and includes mixed sanction. For instance, as private sanction, these are establishing right of rescission. Also, as public sanction, these are recommendation or measures of correction to business operators and fine as penalty.
As the contents and manners of consumer transaction become various, KFTC has tried to resolve general-type commercial disputes reasonably for consumers. In 2012, KFTC made and official announcement of Guideline of Unfair Business Operator Conduct in general transaction. However, this Guideline is so abstract that it couldn’t regulate unfair business operator conducts at all.
Looking into the current state of the relief from the consumer damage, unfair business operator conduct is more serious while contract is implemented than contract is made. Nevertheless, it is hard for consumers to resolve their problems by themselves, only depending on public law.
Developed countries modified various laws and regulations for rationalization and fairness of consumer transactions. They established business operator’ prohibited acts at each stage of contract and gave shape to these acts - exaggerating on giving false information, maintaining their contract with consumers on a deceptive manner, using unfair terms, disrupting executing rights of consumers, abusing position of business operator. According to the circumstance of each country, there are three ways to regulate unfair business operator conducts ; private, public or mixed sanction.
This study suggests Consumer Transaction Act to regulate unfair business operator conducts. This law shows the types of unfair commercial conducts and includes mixed sanction. For instance, as private sanction, these are establishing right of rescission. Also, as public sanction, these are recommendation or measures of correction to business operators and fine as penalty.
목차
[표지]
[머리말]
[국문요약]
[차례]
표차례
그림차례
[제1장 서론]
제1절 연구의 배경 및 목적
제2절 연구의 범위 및 방법
[제2장 소비자거래법의 제정의 필요성]
제1절 사업자의 부당거래행위 규제현황
제2절 소비자 피해구제와 한계
제3절 소비자거래 관련 법률 정비
[제3장 외국의 사업자의 부당한 소비자거래행위 규제]
제1절 주요국의 부당한 소비자거래행위 규율 체계
제2절 사업자의 부당한 소비자거래행위 유형
[제4장 사업자의 부당한 소비자거래행위 유형과 규제방향]
제1절 개설
제2절 사업자의 부당한 소비자거래행위
제3절 사업자의 부당한 소비자거래행위 규제방향
[제5장 결론]
[참고문헌]
[Executive Summary]
[부록]
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UCI(KEPA) : I410-ECN-0101-2015-320-002776081