한국법상 약관규제법에 의한 소비자 보호

The Korean Standard Form Contract Regulation Act was enacted forthe purpose of consumer protection. Three ways of controlling a standardform contract are stated in the Act; incorporation control, interpretationcontrol, and content control. Imposing the duty of disclosure and thepredominance of the individually negotiated term over the standard formclause are principal methods of the incorporation control. Objectiveinterpretation and contra proferentem rule are major principles of thestandard form contract interpretation. The general clause of the contentcontrol is Art. 6, para. 1, which provides that unfair clause which iscontrary to the principle of the good faith is void. There are otherconcrete provisions that render the standard from contract void for itsunfairness. Whether the validity preservation of the allowable part rule is permittedis controversial, but the precedents of the court are in principle receptiveto this rule.