약관규제법 시행 이후의 대표적 판결과 그 의의

In commemorative of the 30th anniversary of Standard Contract Terms Regulation Act, this article selected several meaningful cases that the Act was applied and reviewed them. About 340 cases on the Act have flourished the contents of legal issues of standard contract terms and produced new theories and interpretation. Firstly I chose a case which dealt the relation of the regulation of standard contract terms with private autonomy. This case shows that in contract by standard contract terms the private autonomy and substance control function mutually rather than collide. Secondly I introduced a case that focuses on the relation of standard contract terms with individual agreement. On this case I criticized the stance of court demanding that both parties have equal bargaining power so that a negotiated standard term is acknowledged as a individual agreement. Thirdly I chose a case that had exercised a wide influence on substance control of standard contract terms, in which the full member judgement used ‘modified interpretation’ and limitative validity. On concrete control of substance I chose two cases, one about the interpretation of unilateral agreed payment for non-performance and the other about the possibility of reduction of agreed payment for non-performance. Through the review of major cases I can recognize the effort of court in the course of the application of the Act during last thirty years. I hope this article will suggest an orientation to the development of the Act and its application.