자동차 교환·환불제도의 입법화 필요성에 관한 소고

This paper aims at reveal the need for new legislation through analysis about related regulations regarding south Korea’s realistic status of impossibility on the new vehicle’s replacement․restitution. The first part of this article reviews current related regulations. The basic method of this analysis begins from distinguishment between imperfection and nonconformity. Firstly I diagnose provisions about imperfection, through analysis on the Civil Law’s defects liability and Consumer Dispute Resolution Criteria, and conclude that the vehicle’s replacement․restitution caused by imperfection is impossible. Next I review related regulations about nonconformity, that is Product Liability Act, Framework Act on Consumer, Motor Vehicle Management Act, Consumer Dispute Resolution Criteria, etc. And find out that there is no effective provisions to enable vehicle’s replacement․restitution at all. It menas that there is no actual right to enable vehicle’s replacement․restitution, at both case of imperfection and nonconformity. In the middle part of this article, I allot concentrated analysis of the need for new legislation. Firstly I reveal actual necessity of new legislation through the statistics about real consumer dispute circumstance. Next I point out the legal systemic need by comparative review about foreign legislation. Finally, I renew the need for legislation by analysis about related bills’ limits. In the last part of this article, I criticize a plea of otiosity from automotive industry and refute logically. And to conclude, I emphasize the need for new legislation again.