약관 개정의 불공정성 판단에 대한 약관법과 공정거래법 적용의 관계

If the revised terms rated it a disadvantage against the good faith, it is void or corrective recommendations as well as order by KFTC according to the General Clause Regulation Act(GCRA). However, the revision of these terms and conditions shall be determined in order to receive a much stricter standard than dealing with competition law on unfair trade practices. The reason is that Monopoly Regulation and Fair Trade Act(MRFTA) provides the surcharge, the corrective action on violated companies even the possibility to the criminal prosecution in case of hard violation. But such types of administrative regulations should be strictly construed and be imposed and should not be interpreted too extend or inferred against the interest of common undertaking. When a golf club company revises his terms and condition to add some yearly charge, it can firstly be evaluated in view of the General Clause Regulation Act, not MRFTA. If KFTC want to apply the MRFTA rules, unfair causing disadvantage, it should be prove unfairness with changing the trading condition to the disadvantage of the counterpart using a method like forced purchase, forced provision of benefit and prove practices that may possibly hinder fair business.