2021년 소비자보호법의 입법동향과 평가

Abstract

Consumer protection laws are the areas of laws that continue as long as the market exists. In addition, the market economy is not fixed, but is constantly changing, and accordingly, consumer problems are also diversifying. Therefore, the consumer protection acts to solve consumer problems occurring in the market must be changed in line with this reality. However, the legislative performance of the recent consumer protection acts were very insufficient and it was even more insufficient in 2021. Of course, there was a more urgent task of overcoming the crisis caused by the prolonged COVID-19, but it cannot be justified for this reason. But the expansion of the category of prepaid installment contracts and the introduction of the Commitments Decision have important implications for protecting or promoting consumer rights. The guarantee through the law among the measures to guarantee consumer rights and interests is the strongest, but not all of them are laws just because they have the form of laws. In other words, if the law is enacted in accordance with the principles prescribed by the Constitution, it meets basic requirements to achieve the purpose. But if the principle is violated, even if the purpose is justified, it can cause a bigger problem. This can be said to be the most basic principle that legislative agencies must comply with in legislating the Consumer Protection Act. Therefore, it is important to promote a wide range of legislation in consumer protection laws that should be pursued continuously, but it is also important not to make a mistake in failing to achieve its purpose due to violations of formal requirements.