소비자기본법 개정방향에 대한 고찰

Abstract

The purpose of this study is to provide proposals to amend the 「Framework Act on Consumer (FAC)」. The proposals are expected to revise the limitations of the FAC and to heighten the standing of consumer policies, so that the FAC performs as a consumer advocacy within the government. The amendments were made with respect to aspects of the policy implementation system, consumer safety, consumer counseling, and the redress for consumers’ damages. In order to improve the implementation system of consumer policies, following four suggestions were made: 1. elevating the status of the Committee on Consumer Policy, 2. engaging a “Deliberate Expert on Consumer Policies” in relevant ministries, 3. strengthening the role of the Committee to propose consumer policies, and 4. specifying the duty of ministries to refer consumer policies to the Committee’s deliberation. Next, following proposals were made to enhance the effectiveness of consumer safety system. First, the provision which specifies the power of Korea Fair Trade Commission to recommend relevant ministries to have a “harm prevention measure” should be revised in order to raise the effectiveness of the provision. Second, it is necessary to find legal grounds to establish “Combined Information Network”, and to review the effectiveness of the network. Finally, the duplication of the FAC and the Product Safety Act should be revised, and the power of the Consumer Safety Center to investigate safety issues is specified in the FAC. In addition, amendments to expand local consumer centers, to introduce parens patriae action and class action, and to encourage Certified Consumer Counseling System were proposed. This study is expected to bring up the review of FAC in the near future, and to contribute to consumer welfare.