해양레저와 소비자안전 - 현행 소비자안전 관리체계를 중심으로 -

Abstract

The current legal framework in South Korea seeks to secure consumer safety within marine leisure activities through specific statutes such as the Water-Related Leisure Activities Safety Act and the Underwater Leisure Act. While these efforts are commendable, several institutional improvements are necessary to enhance consumer safety in marine leisure activities and to ensure more effective remedies for consumers. Moreover, there is a broader need for comprehensive reform in the management systems governing consumer safety across all areas. To better secure consumer safety in marine leisure activities, the following recommendations for improvement within the framework of special laws are proposed. First, a unified response system that clearly defines the roles and responsibilities of each relevant agency during accidents is essential. Although reporting structures currently exist among the Korea Coast Guard, local governments, and business operators, real-time cooperation and information-sharing are insufficient, potentially causing delays in response. Second, the capacity of business operators to respond to safety incidents must be strengthened to meet a certain minimum standard, and this should be mandated at the legal level. Third, it may be beneficial to consider empowering the Korea Aqua leisure Safety Association(KASA) to manage safety inspections and establish a consumer compensation fund to ensure consumers receive prompt compensation for damages. Fourth, an amendment to existing laws to introduce special provisions for liability for damages should be considered to alleviate the burden of proof on affected consumers. In cases of severe consumer harm due to the intentional or gross negligence of business operators, the imposition of up to triple damages should be implemented to facilitate adequate consumer relief and encourage preventive measures.