신용카드약관상 카드분실과 법적 쟁점 - 대법원 2009. 10. 15. 선고 2009다31970 판결의 평석을 중심으로 -

Abstract

Nowadays credit cards take very important role in life. Therefore, it happens very often that people confront problems with the use of credit cards. Standard contract terms, on the other hand, has important roles in modern, mass product society, especially in the field of bank. But the interest of the users can be neglected by the unfair standard contract terms about the use of credit cards. This study concentrates on analysing the contract terms about the use of credit cards. The contents of standard contract terms about the use of credit cards should be valid in regard of korean unfair contract terms act and jurisdiction. Standard contract terms about the use of credit cards, which is made by Korean Fair Trade Commission, has some problems. In regard of § 7 unfair contract terms act and its interpretation it is recommended that the contract terms should be revised in concord with the common interpretation of that article. The author has also analyzed 3 court cases about credit cards. The burden of proof clause can be invalid in regard of § 14 korean unfair contract terms act. Finally, some standard contract terms of credit cards is too vague. Therefore, it should be defined more clearly. The standard contract terms of the use of credit cards, in short, has some problems. It should be revised clearly afterwards.