특수거래의 정의 및 적용범위에 관한 연구 —개정방안을 중심으로—

Abstract

There are various perspectives on why consumers should be protected. However, one can argue that protection is necessary depending on the situations consumers face in individual contractual relationships. Korean legal system has established various special laws related to consumer protection for each type of transactional situation. The three representative special consumer transaction laws are as follows: Installment Transactions Act, Act on Door-to-door Sales, Act on the Consumer Protection in Electronic Commerce. Special consumer transaction laws are enacted to define transaction types and cover consumer issues arising from them, but there are several problems. First, in definition, since the subject of application is limited, there is a problem that is inconsistent with the legislative purpose. In other words, due to limitations in definition, the purpose of consumer protection cannot be achieved. Second, there are cases in which each law conflicts with each other regarding the scope of application, causing confusion for the consumer and business operator. Since the interpretive theory cannot effectively solve the above problems, this paper proposed legislative improvements to some definitions and scope regulations of the special consumer transactions Act.