국제소비자계약에 관한 국제사법적 고찰

Most of the countries are today enacting the laws for protecting consumers who are the socioeconomic weak. These regulations for protecting consumers have the property of compulsory provisions in which its application cannot be excluded by the agreement of the parties. By the way, the purport of legislation called the consumer protection in light of the substantive law cannot be accomplished if the parties designate a foreign law as the applicable law in order to arbitrarily evade the mandatory provisions of the substantive law for the consumer protection. Accordingly, even our private international law came to restrict the party autonomy and to have the special rules even as for the decision of the objective governing law in order to consider the definition in light of the substantive law called the protection of a consumer who is a weak person in the dimension of conflict law. According to a globally rapid rise in transactions based on internet henceforth, even the international consumer contract will be prevalent more swiftly. Hence, the theoretical establishment on this needs to be put first in order to deal with an international consumer contract case, which is raised in diverse forms, more rationally and efficiently. However, the legislation in each country, which regulates these cases in reality, is very complex and diverse, thereby being not easy for its solution. Thus, there is a need to generally understand the consideration of private international law on the international consumer contract. Accordingly, this study is generally addressing Japan·China·Switzerland ·Germany·Austria·Italy·America as the foreign legal cases in order to examine the international consumer contract with a comparison method, above all. Also, it is figuring out even the contents of Rome Convention and RomeⅠRegulation, which are giving provision to the applicable law of the consumer contract including the contents of Brussels Convention and BrusselsⅠRegulation, which are giving provision to the international juridical jurisdiction of a consumer contract among major international conventions. And it is not only addressing the regulation of our private international law pertinent to the international consumer contract, but also a consumer & scope of a consumer contract, the limitation of party autonomy, decision of objective applicable law, method of consumer contract, and special rule of international juridical jurisdiction, respectively. At this time, a consumer is limited to a passive consumer. The party autonomy is acknowledged in principle. At the same time, the consumer's law of the country in which a party has his or her habitual residence is being decided as the applicable law pertinent to the objective applicable method and the consumer-contract method. Next, this study is arranging some of the major issues in relation to the international consumer contract. First, the position of precedent and theory are being suggested with regard to the agreement of the international juridical jurisdiction in light of the international consumer contract. Second, theory, precedent, and lawmaking trend conventionally in Europe are being surveyed even in applying the absolute compulsory law in light of the international consumer contract. Third, the relationship between the consumer-protection special laws like Door to Door Sale Act, Installment Transaction Act & Clause Regulation Law and the private international law is being looked. Fourth, as for a matter of a consumer contract based on e-commerce, it is being considered to be appropriate for now to cope through modifying partially or operating flexibly based on the rule of international juridical jurisdiction in the realistic space rather than introducing a new paradigm. Fifth, in a matter of a consumer contract based on bank transaction, it is examining focusing on a specific case and a countermeasure available for taking place actually in bank account. To cope with a case of the international consumer contract that will grow rapidly, a legal and institutional device needs to be arranged imminently. There is still a task that will need to research into theory, doctrine, and precedent generally and deeply that have been addressed fragmentarily in terms of the international consumer contract. A previous research will need to be continuously developed in order to systematically solve diverse problems available for being created by the international consumer contract from the perspective of the private international law and the international law of civil procedure even in the future.