미국 약관규제법에 관한 소고

Abstract

This article tries to explore the American law of standard term contracts. Its aim is to provide a basis for comparative law study between Korean law and American law by reference to standard term contracts. American law is analysed according to the regulations of incorporation, interpretation and contents. Firstly, the American position in the regulation of incorporation does not seem to be as favorable to the customer as the Korean position, in that the former does not imposes on the entrepreneur a general obligation to explain material standard terms to the customer. Secondly, the regulation of interpretation centers on the rules of Contra Proferentem and Reasonable Expectations, which are highly controversial issues in America. There is a hostile argument against those rules on the grounds that they sometimes go beyond the ordinary meaning of interpretation. Thirdly, the Doctrine of Unconscionability has been developed for the regulation of contents. Notably, the doctrine consists of not only substantial unconscionability but also procedural unconscionability, which is not required by Korean law.