소비자보호를 위한 리스관련법제의 개선방안
A Study on Improvement of Lease-related Laws for the consumer protection
0
조회
0
다운로드
2
인용
0
참고문헌
키워드
초록
Lease is a contractual arrangement calling for the lessee (user) to pay the lessor (owner) for use of an asset. Currently in the korea, lease market is estimated to be the size of about 20 trillion won. Depending on growing the lease market size, consumer damage is also increasing. However, looking at the korea laws related lease, inadequate consumer protection is found from three aspects. First, a legal term for leasing are mixed. Second, there is no consumer protection regulations, because the contents of the lease related laws is geared toward B2B lease. Third, there is no application of the Consumer Protection Act(ex. installments transation act. etc.). Look at the case of overseas lease legislation, it has two characteristic. First, Operating leases and finance leases are governed by one law. Second, it introduces the concept of a consumer leases and provide a consumer protection regulations, so, consumer protection have enhanced. In this paper, With reference to the example of foreign legislation such, it has been suggested improvement plan for consumer protection.
Abstract
Lease is a contractual arrangement calling for the lessee (user) to pay the lessor (owner) for use of an asset. Currently in the korea, lease market is estimated to be the size of about 20 trillion won. Depending on growing the lease market size, consumer damage is also increasing. However, looking at the korea laws related lease, inadequate consumer protection is found from three aspects. First, a legal term for leasing are mixed. Second, there is no consumer protection regulations, because the contents of the lease related laws is geared toward B2B lease. Third, there is no application of the Consumer Protection Act(ex. installments transation act. etc.). Look at the case of overseas lease legislation, it has two characteristic. First, Operating leases and finance leases are governed by one law. Second, it introduces the concept of a consumer leases and provide a consumer protection regulations, so, consumer protection have enhanced. In this paper, With reference to the example of foreign legislation such, it has been suggested improvement plan for consumer protection.
참고문헌 (17)
- 김효연, "여신금융회사의 부동산리스업 활성화 입법방안", 여신금융, (32) (2012), 여신금융협회
- 김재두, "금융리스에 관한 법적 검토", 금융법연구, 9(1), pp.425~451 (2012), 한국금융법학회
- 소건영, "금융리스계약의 법적성질에 관한 연구", 사법행정, 50(6) (2009), 한국사법행정학회
- 송오식, "소비자계약의 유형과 법적 규제", 법학논총, 27(1) (2007), 전남대학교 법학연구소
- 윤창술, "리스금융에 있어서 리스물건의 하자담보책임에 관한 연구", 법과정책연구, 8(1), pp.9~28 (2008), 한국법정책학회
- 이기수, "상법총칙⋅상행위법, 제7판" (2010), 박영사
- 이철송, "리스계약의 법적 성질", 판례월보, (194) (1986)
- 정경영, "상법학강의 개정판" (2009), 박영사
- KB금융지주 경영연구소, "솔로 이코노미(Solo Economy)의 성장과 금융산업", ~ (2013)
- 국회법제실, "법률용어⋅법문표현⋅입법모델 입안방법", ~ (2010)
- 2013 생활용품 렌탈서비스 관련 조사, "트렌드 모니터", ~ (2013)
- 한국은행, "한국의 금융제도", ~ (2011)
- 庄政志, "リースの實務知識" (1984), 社團法人 商事法務硏究會
- 齋藤奏, "リースの法律⋅會計⋅稅務" (1986), 第一法規
- Bryan A. Garner, "Black’s Law Dictionary, 9th ed." (2009), West
- Douglas j. Whaley, "Gilbert Law Summaries: Sale and Lease of Goods" (2005)
