표시⋅광고행위의 부당성 판단기준

Recently, the development of ICT technologies has significant effects on the advertisement market. With the expansion of scope of mobile media, the types of advertisement, such as Internet advertisement, IPTV advertisement or mobile advertisement, have been also diversified. Under these technological environments, flexible interpretation for determining unfairness of labelling/advertising behaviors is required because of deepened information asymmetry between businesses and consumers. The Act on Fair Labelling and Advertising was separated from the Fair TradeAct and enforced on July 1, 1999 because the Fair Trade Act had difficulties inappropriate response to unfair labelling and advertising due to insufficient function of providing information for consumers’ choice and absence of effective, systematic policies. However, this Act legislatively presents the criteria for determining unfairnessin the manner of listing specific examples of unfair labelling and advertising behaviors under its subordinate policies. However, they are difficult to become actual regulation criteria for the types of advertisements that are diversified and sporadically appear. Thus, courts should present the actual criterial for determining unfairness in connection with various examples, and make specific decisions foreach example. A study on the criteria for determining unfairness of labelling and advertising behaviors in this paper will be helpful in establishing legal stability and criteria for consumers. In addition, it is necessary to resolve problems of overlapping with a variety of relevant laws. It is required to resolve any ambiguity regarding a priority in application of laws, such as the Act on Labelling and Advertising, Act on the Regulation of Terms and Conditions, Act on E-Commerce. Improvement of these problems will result in achievement of real fairness of labelling and advertising that can guarantee consumers’ correct right of choice.