약관분쟁조정제도에 관한 연구

Abstract

The use of terms and conditions in the transaction field is becoming common. But the damages caused by unfair terms and conditions are also continuously increasing. The disputes arising from unfair terms and conditions have not been sufficient to solve effectively. thus, in 2012, the Terms and Conditions Disputes Resolution System was newly established by amending the Act on the Regulation of Terms and Conditions. As a result, the parties can resolve the disputes through mediation as well as litigation. However, the Terms and Conditions Disputes Mediation System under the Act on the Regulation of Terms and Conditions has a limit in achieving its purpose. In this paper, I studied the problems and the improvement plans for them, and briefly summarized them as follows. First, the object of the Terms and Conditions Disputes Mediation is very narrow, so there is a limit to achieve the purpose of the dispute settlement which is the efficient settlement of disputes caused by the terms and conditions. Therefore, the subject of the Terms and Conditions Disputes Mediation should be expanded to the dispute caused by the terms and conditions, and the dispute should be extended not only between business operators but also between business operators and consumers. Second, the Terms and Conditions Regulation Act does not stipulate an effect of interruption of prescription on the application for mediation, so the extinctive prescription may be completed during the mediation process. Therefore, it is necessary to give the retroactive effect of extinctive prescription to the application for mediation. Third, the effect of mediation is defined as the establishment of a compromise contract, but this method delays the settlement of disputes. Therefore, the effect of mediation should be revised to a judicial compromise, as in other dispute settlement systems. Finally, the requirements for collective dispute mediation should be revised, and the representative party should be appointed by the party.