한⋅중⋅일 소비자계약법의 비교법적 고찰

Abstract

It is relatively recent that discussion was undertaken to compare and review consumer laws in the three main countries of Northeast Asia (China, Japan, and Korea or CJK). A substantive reason is because the China’s revised “Law on Protection of the Rights and Interests of Consumers” (implemented since March 2014), which drastically reinforced consumers’ private right, provides abundant subject matters for discussion. So far Japanese and Korean consumer laws, developed since 1970s and 1980s, respectively, have been at the center of discussion, but it now became possible to do a comparative review for the three countries including China. This paper aims at carrying out a comparative study of CJK’s consumer laws, particularly on several subjects in consumer contract law (the totality of rule of law and theories defining contractual relations between consumers and business operators). The comparison confines the subjects to: (1) a definition of consumer; (2) rules in the process of conclusion of contract (right of withdrawal, right of cancellation); and (3) regulation of contract contents (regulation of terms and conditions, regulation of consumer contract clauses). First of all, the (1) brings great significance in that it defines the scope of application of consumer contract law. Secondly, the (2) is to review the right of withdrawal and the right of cancellation as a consumers’ private right in the form of so-called ‘discharging’ their contracts, which is one of the important remedies protecting the consumers in consumer contracts. Lastly, the (3) is to compare the legal systems regarding regulation of terms and conditions and regulation of consumer contract clauses, as means to regulate contract contents unfavorable to consumers when a consumer contract is concluded. On the basis of the three subjects, the paper conducts cross-sectional comparisons and reviews on CJK’s consumer contract laws.