국제사법 제27조에 의해 보호되는 소비자계약의 범위와수동적 소비자가 되기 위한 요건의 분석

This article reviewed the scope of consumer contracts and requirements for being a passive consumer applied by consumer protection provisions of Article 27 of the Private International Law. It is important to make sure the scope of the consumer contracts to exclude business or professional acts out of consumer protection because the consumer protection provisions aim to protect pure international consumer contracts. Even if having a pure private use purpose there are some consumer contracts that are not appropriate for the consumer protection such as a contract relating to a right in rem. This article reviewed this too. On the other hand, it is necessary to clarify the scope of the passive consumer since the consumer protection provisions don’t apply to all the consumer contracts but only when there exists certain relationship between the consumer contract and the consumer’s habitual residence. Most of all, paradigm of extent to which relationship between the consumer contract and consumer’s habitual residence is required has been changing as electronic commerce increases and in electronic commerce importance of the space decreases. In another words, though a consumer does not prepare for his contract in his habitual residence, if he is seduced to make a contract in an overseas country the necessity to protect the consumer is recognized. In this sense, it is necessary for the International Private Law to be amended reflecting the change of the paradigm.