리스와 렌탈의 정비를 위한 법정책의 개선 방안

Abstract

The cosumer of our society is conventionally used to through purchase of the products, if the goods was necessary. However, the 1997 IMF and the 2008 financial crisis and since 2010, in due to slower economic growth in the years, the consumption patterns of our society has been changing. That way by lease or rental in place to buy things directly, and significantly increased. Social demand for the lease or rental is also surged. That way utilization of the lease by lease or rental scheme in place to buy things directly and significantly increased. In the 2014, the lease and the rental, each has been formed consumer market over 10 trillion won. These rapid increase of the lease and the rental were accompanied by damage to the consumer. The problem is that, laws for the lease and the rental was distributed and scattered. They are the Civil Law and the Commercial Law and Specialized Credit Financial Business Act, etc. In addition, regulations on the law for consumer’s damage are deficiency. Business operators should use a different word in the leasing and rental. They are advertised as a separate business. Also, consumers understand that leasing and rentals was regarded it as goods of other sort. There is confusion in the understanding of applicable law. In this paper, chapterⅡ, compare the current legal system on the lease and rental. Look for terms and concepts, legal status and the nature and basis laws(the Civil Code and the Commercial Code and the Specialized Credit Financial Business Act) and harm of consumers. The chapter Ⅲ, to describes on that the provisions of the current regulations and it's problems, the confusion of terminology and differences of applying laws, the limitations and difficulties of relief for consumer harm, The chaper Ⅳ, to deal with that it made improvements to the maintenance of law policy for leasing and rental. It is a the most desirable that plan to establish a new law, “the law on the lease and rental of movable assets”.