소비자분쟁해결기준에 관한 연구

Abstract

The criteria for the settlement of consumer disputes plays an important role in solving consumer disputes by consumers or business operators themselves or in solving consumer disputes easily by non-legal experts. However, the criteria for the settlement of consumer disputes has various problems as following; First, the criteria for the settlement of consumer disputes exists as the presidential decree and the public notices of fair trade commission in accordance with the framework act on consumers. However, the legal nature of it is generally recognized as an administrative guidance in resolving consumer disputes. In addition, there is a view that there is a consensus among the parties in the application of he criteria for the settlement of consumer disputes or it can be used only in procedures of alternative dispute resolutions. However, since the law regulates that there is no agreement on the consumer dispute resolution method, it can not be said that the criteria is applied only if there is an agreement. Second, the framework act on consumers regulates the legal nature of the criteria for the settlement of consumer disputes as a recommendation, but the presidential decree regulates it as the obligation of the operator. Therefore, the presidential decree is opposed to the law and these contents violate the framework act on administrative regulations. Third, the criteria for the settlement of consumer disputes regulates dispute resolution methods by type of disputes based on the contents of the civil law, etc. However, the contents are different from the civil law and are disadvantageous to consumers. Therefore, it is urgent to amend the framework act on consumers, the presidential decree and the criteria for the settlement of consumer disputes.