프랑스법상 여행계약의 법적성질과 책임법리— 기획여행계약을 중심으로 —

Tour contract is implemented in a wide variety of ways: On a case by case basis, it may take long period of time to see that a tour contract is implemented in reality after it is signed in written by both parties (travel agency and client). Moreover, many other concerned parties, except both parties of such contract, may get involved in the course of implementing the terms and conditions of tour contract. In this regard, legal relations become very sophisticated in tour contract. In particular, travel services are usually available from many parties like carrier and lodging facility's manager, and even planned group tour or package tour services are often available to tourists from tour operators. In these kinds of tour, it is a crucial issue to find out possible legal causes for which a tour operator may take responsibility for any damages incurred by tourists, if applicable, in the course of tourism. In terms of this responsibility, legal nature of such legal relations concerned with conclusion of tour contract may appear in various aspects, but South Korean jurisprudential world doesn't yet have so much discussed this matter in more details. In South Korea, most of existing discussions are limited to introducing contents, judicial precedents and theories of German Tour Contract Act. With regard to the matters of tour contract, however, Germany has developed relevant regulations under the revised German Civil Act (1978) and has incorporated those regulations in the German civil code. But there are increasing criticisms about why it would be necessary to keep those regulations under civil code, and most of South Korean legislative discussions about tour contract are still focused on the German Tour Contract Act in reality. That is why we need to take a new approach of comparative laws to those discussions. Based on such a critical mind, this study focused on examining major matters of package tour contract under French law system as well as judicial principles of tour operator's responsibility. Particularly, French civil and commercial code have no special provision up to date concerning any tour contract signed by tour operators and their responsibility, but rely primarily upon special laws to find tour operators responsible for any damages incurred by tourists under tour contract. Interestingly, recent judicial precedents about tour operator's responsibility also have tried to take any new construction of existing relevant laws. Hence, it is expected that such a recent trend of judicial precedents will be a good reference for resolving relevant legal issues and legislating relevant laws in South Korea.