이른바 한국형 레몬법의 법리적 문제점과 개선방안 - 「자동차관리법」 제5장의2 ‘자동차의 교환 또는 환불’규정의 요건 및 증명책임에 관한 문제점을 중심으로 -

Abstract

Automobiles are very expensive products compared with the ordinary industrial products used in normal daily life. Also, they are products directly related to the safety of drivers and pedestrians so that a higher level of product completion is required compared with that of ordinary industrial products. In the United States, the “Magnuson-Moss Warranty—Federal Trade Commission Improvement Act,” called the “Lemon Law,” is a representative law on exchanges and refunds due to defects in sold cars. The US has enacted and operated the Lemon Law to guarantee more faithfully the quality of consumer products such as automobiles and home appliances. The most essential content of the Lemon Law is that a car sold against an explicit quality guarantee has a “Serious warranty defect” in its utility and value, and the defect is not cured despite a reasonable number of repair attempts by the manufacturer. Exchanges and refunds are obligatory for the producer. In Korea, on October 24, 2017, Chapter 5-2 of the “Motor Vehicle Management Act,” the so-called “Korean Lemon Law,” for the replacement or refund of automobiles was newly established, and the law went into effect on January 1, 2019. However, the Korean Lemon Law are requirements and procedures for exchanges and refunds excessive or strict, which substantially blocks the accessibility of consumers to raise problems and remedy damages. And the excessive level of certification responsibility be imposed on consumers non-professional consumers. It is necessary to reconsider and relax the requirements set by these laws.