자동차 레몬법의 입법방향과 내용

Abstract

This paper aims to point out the legislative direction and necessity and to reviews hot issues concerning lemon law of the motor vehicle which introduction is being discussed in order to improve the poor legal status of automobile consumers. This article is for discussion that the Korean lemon law of the motor vehicle in the form of independent legislation, not for the realization of lemon law’s contents through the amendment of the current relevant legislation. This is because I believe that this form of independent legislation is desirable. The first part of this article focuses on the legislative direction and necessity. Regarding the necessity of legislation, I examine structural problems that can not be avoided in the reality of purchasing cars. First, I will look at the structural problems of the myth that once a new car is registered, it can no longer be exchanged or refunded. I want to examine the logical contradiction and reveal the fictitious nature of it. Next, I analyze the structural limits of current legislation. I try to reveal the need for new legislation and review the current legislative situation where there is no realistic remedy for the consumer by the analysis of all relevant laws for replacement or refund of new car. About the direction of legislation, I conduct two analyzes. First, I examine the legislative forms and problems of the lemon law, which have been tried so far, and verify the validity of the independent legislation form. Next, I review the current regulations on automobile recalls, which are located in somewhat erroneous laws, and verify the problems in the legislative system. Through these points, I sought to clarify the necessity of dedicated legislation on quality assurance of automobiles. The last part of this article focuses on a hot issues that need to be considered in legislation. First, the purpose and object of regulation are discussed with the purpose of legislation, naming, and the object and method of regulation. I argue that legislation of the automobile lemon law is intended to restore the rights of automobile consumers in a poor position, in order to realize this, the division of legal concept about ‘nonconformity’ and ‘substantial impairment’ should be started from the beginning of discussion. Second, I debate the criteria of exchange and refund. As for the periodical demarcation, I review the Korean standards which are more disadvantageous to consumers than the US lemons law, and try to clarify the conditional delimitation regarding the number of repetitive repairs and the category of the target vehicle, which are expected to be hot debates over the coordination. Third, I discuss two important considerations that the automobile lemon law of the independent legislative form should have. First, the recall regulations are transferred and merged into the lemon law. At the same time, it should not only improve the problems of the current recall system, but also consider establishing a recall related organization. Next is the review of the introduction of an alternative dispute resolution system. The introduction of this system, which can be considered as the backbone of the US lemons law, is intended to promote the effectiveness of consumer rights relief and to give meaning to the seller as a reasonable means of resolving the dispute.