약관의 내용통제 및 해석과 관련한 법적 문제

Abstract

The title of this thesis is ‘The Legal Matters in connection with the Contents-Control and Interpretation of the adhesion Contract’ It would be difficult at the present moment to predict exactly what problems may arise in the future. However, there should be efforts to find solutions for problems related to regulation of public order so that the risk of causing unreasonable consequences can be minimized. Since the adhesion contract system is something that is being newly developed, a thorough examination of past problems can lead to a future’s adhesion contract system that is more rational and accords with substantial justice. For example, Supreme Court’s established precedents had preserved up a principle about the obligation of policies explanation of the insurer. Although it is important particular on the policies, if it is widely known in the transaction market so the insurance contractor already know about that well or if it is made as a law so explanation of it is just repetition and amplification, the insurer is exempt the duty of explanation. the standard adhesion contract contains several jurisprudential problems in essence, such as infringement of the private autonomy area and competition among undertakings. I explained about the main contents of the adhesion contract system and dealt with the important contents of the adhesion contract system and suggested especially the problems and improvements in connection with the regulation of the adhesion contract.