소비자 매매계약에서의 품질보증책임

Abstract

This article is a part of the discussion on the enactment of the Consumer Sales Act as a comprehensive regulatory framework for consumer transactions. It aims to examine “Warranty Liability in Consumer Sales Contracts” from a legislative standpoint and propose relevant regulations, taking into account international legal trends and the specific demands for warranty law in Korea. To begin, it explicitly defines warranty as a distinct additional liability separate from the seller’s legal responsibility arising from contract non-conformity. The concept of warranty does not rigidly prescribe legal formats, such as specific contract terms, but rather employs the notion of promises as a means of ensuring flexibility in defining warranty terms, without restricting the scope of remedies available. Regarding the enforceability of warranties, the article establishes that when a warranty is provided, it contains provisions allowing the transferee or previous acquirer, who obtained ownership of the goods from the original buyer, to exercise warranty rights during the stipulated warranty period. Furthermore, in an effort to consider the practical aspects of warranty usage and provide substantial protection for consumers, it explicitly states that conditions like registering purchased goods or notifying purchase details are not binding on consumers. Conversely, in outlining the obligation to issue warranties, mandatory regulations are introduced for warranty providers, emphasizing transparency and information provision. These regulations aim to prevent consumer misconceptions about warranties and facilitate the practical exercise of warranty rights. Importantly, failure to meet these legal requirements does not diminish the binding force of the warranty. Concerning the limitation of warranty provider liability, the article specifies that warranty providers can exclude or limit their liability for defects or damages resulting from improper product management, as per the instructions of the quality assurance provider. In the event of a warranty violation, it mandates that the warranty provider must substantiate that the product adhered to the specifications outlined in the product warranty or related advertisements, and that any defects or damages resulted from the responsibility of the warranty provider.