민법개정(안)의 여행계약에 관한 고찰

According to the development of life quality and income, a travel business is a means of mass consumption in this society, and a problem of travel contract has been occurred for the contraction. In Korea, however, there has been a problem in protecting travellers because they do not provide any direct systems which regulates the positive law for travel contract. In the travel itself, there are two types of system: a personal travel which a person plan and practice the schedule, a package travel which a travel agency presides the schedule for a group of people In most cases of legal conflict, a lot of contract problems are caused between travellers and travel agency in the package travel. So, in order to solve the legal conflict, eight contract clauses are provided in the articles from 674-2 to 674-9 of the proposal of revised civil law. The content of the clauses is derived from the German civil law and it prescribes some regulations such as definition of travel contract, responsibility of travel agency, liability of the travel agency, cancellation or termination of the contract, and period of travel charge. This paper studies the problems mentioned above and examines the quality of legal system in the travel contract. The study also views some issues which was excluded from a new provision of a travel contract though they should be included. The issues that I studied are the content on traveller's right of self-dependence, proposal of provision for traveller's right of replacement, and necessity of compulsory regulations for travel contract. From this study, the problems of travel contract should be revised or supplemented. The profound discussion and review should also be conducted from this study, which would contribute to a real life of travel area based on civil law.