여행계약에 관한 법적 검토

Abstract

In modern society, travel is at the core of intangible and abstract values, not the tangible values that the general contract aims. However, since it is a contract, rights and duties between the parties arise and a dispute may arise in the course of its implementation. The Civil Law establishes a travel contract as a typical contract. Generally, travel contracts are concluded with travelers mainly through the terms centering on what the travel organizer plans and offers. Therefore, in the conclusion and implementation of the contract, the travel organizer is in a superior position and the unfair situation is a part of it. In addition, in the course of the travel benefits, it is often the case that the trip organizer changes the travel schedule under the leadership of the expert travel organizer. In the meantime, the legal disputes surrounding travel contracts were regulated mainly through the Travel Standard Terms and the Consumer Dispute Resolution Standards. Currently, civil law establishes and operates travel contracts as a typical contract, but civil law and travel standard contracts are traditional travel contracts and focus on planning trips, so they can not sufficiently cope with various new types of travel contracts newly emerging recently. In the travel contract, the travel organizer is in a position to know or know all the information about the trip, so his superior position is subject to legal review. Particularly mentioned in the case is the safety consideration obligation, which is solved by strict adherence to the travel organizer in order to protect the traveler in the information unbalance situation between the contracting parties. However, if you look at the travel contract regulations of the Civil Law, it does not prescribe travel accidents, which is a legal disadvantage and can still be resolved through the use of theories and precedents. Also, there is a problem that the provisions on the contract of the travel contract, the contract change and contract cancellation before the commencement of the travel, the implementation of the travel contract, the contract change after the commencement of travel, and the termination of the contract are inconsistent between the civil law and the travel standard contract. The problem of consistency with the above is desirable to be revised based on the civil law that protects the traveler as mentioned above. Therefore, it is necessary to revise the travel standard conditions around the travel contract in the civil law, and I think it is necessary to take legislative measures for the settlement criteria of travel accidents, which are legal defects.