韓･中 소비자법제 기본법의 비교

Abstract

Differences exist between the formation of consumer legal system and the regulations under fundamental consumer protection laws in Korea and China. Nevertheless, the trend in both countries are similar in that consumers' sovereignty has been emphasized and that reliefs for consumers have been strengthened. Moreover, consumers' rights have been strengthened, while the state executives' responsibilities towards consumers have also been strengthened. There are following differences in the consumer legal systems as well as their respective fundamental laws between Korea and China: With respect to legislation, the legislative backgrounds and mechanisms as well as the main norms are different. China is strengthening the consumer protection by prescribing detailed legal liabilities of business operators who infringe consumers' rights and interests, whereas Korea emphasizes on security issues of consumers and thus strengthened consumers' safety through series of amendments. With respect to consumer obligations, Korean law emphasizes on such issue more than China. The Law on the Protection of Consumers' Rights and Interest provides the obligation of the state and business operators, but there are no provision on the obligations or responsibilities of consumers. In contrast, Korea's Consumer Fundamental Act in force prescribes the "responsibilities of consumers," thereby emphasizing the obligation of consumer. With respect to obligations of the state and local governments, the Korean law tends to emphasize this issue as well. Consumers must be educated in order to make them being responsible for their own consumer life. Moreover, it is also responsibilities of the state and local governments to enhance consumers' ability as the economy and society develops. Compared with other Asian countries, China have enacted the consumer rights law only in recent years and no amendments have been made yet. But it is expected that the consumer rights law will be amended in the near future with the distinctive Chinese features.