약관해석의 특수성과 제도운용방안

Abstract

After the industrial revolution, our society is mass production and distribution society. For the rational treatment of mass transaction, the standard contract terms play very important role in our consumption society. Internationally, germany has enacted the law of control of standard contract terms in the year of 1976. In the process of claim modernization(2002), germany has moved the control of standard contract terms related clauses to civil law(BGB). But the material contents of the regulations are identical. Korea has also enacted the law of control of standard contract terms in the year of 1986. Thereby the § 5 regulates the several methods of standard contract terms interpretation. By the interpretation of standard contract terms applies the interpretation method of general contracts. But we should also consider the specialty of standard contract terms. Before the control of material contents of standard contract terms is also the interpretation very important. There are several methods in the field of standard contract terms interpretation: objective interpretation, unification interpretation, disadvantage interpretation to the person who prepares the standard contract terms. The korean supreme court decides many cases through disadvantage interpretation to the business operator. But the business operator should eliminate the application cases of the such a interpretation method beforehand through delicate preparations. This paper has analysed the methods of standard contract terms interpretation. It has also suggested some reform policies in its system enforcement.