실버타운 입주계약에서의 고령 소비자 보호

Abstract

It is one of important social issues to protect the elderly consumers in Korea which experience rapid process of aging. The elderly people, generally speaking, tend to decline in discernment or bargaining power because of mental and physical changes. Their knowledge usually becomes too antiquated to deal with rapid changes of the societies. Therefore, these conditions, preventing them from thinking reasonably in contracts, made them positioned as the most weak consumers. Due to their vulnerability, they are likely to be a main target of vicious sellers who try to deceive them to seize the elderly people's retirement savings. This article discusses the legal issues about silver housing contract, which is specially needed to protect elderly consumers. The Korea Fair Trade Commission has already ordered certain facilities to correct unfair contracts. We have often heard the problems of disputes about deposit return and the violation of explanation obligation by news. A huge cost is needed to sign a silver housing contract. Because it is a complex contract intending to provide a ‘care service until death’, it is different from general contracts under civil law. It is not easy for elderly consumers to move their home, and they are easy to be compelled to the unfair contract. Therefore, the redesign of legal system for the protect of consumer is important in silver housing contract aimed at only elderly consumer. Especially, the regulation on unfair clauses about a penalty for breach of contract and the violation of information provide obligation are urgently called. In this viewpoint, the research about the special law of German and Japan for elderly consumer is very suggestive to us.