B2B 거래에서의 약관규제법의 개정방향

A Terms and Conditions is a method of determining the content of a contract, which is generally used when there is collectivity or repeatability in the contract. However, because the terms and conditions may be a symptom of unusual social relations in the background, it is not possible to grasp the nature of the contract under the terms of the contract unless it is searched for social relations in the background as to why the terms are used in that phase. Therefore, the regulation of the terms and conditions should be changed depending on whether the other party of the transaction is a consumer or an buisnessman. Specifically, how to differentiate between the B2B and B2C terms in terms of incorporation control and content control will be a problem. Germany is excluded from the incorporation control in the case of B2B contracts, and the content control is different from the B2C terms. It is necessary to make a distinction between the two, in that the reasons for the justification of content control of B2B and B2C may differ depending on the transaction type. In this way, we can think about excluding the abstract examination in the contents control of the B2B contract and preparing other illegal screening criteria than specific examination in the abstract examination. We look forward to a detailed review in the future.