표시광고법상 계약책임 도입 가능성 연구

Act on Fair Labeling and Advertising operates a number of system such as prohibition against unfair labeling or advertising, verification of details of labels and advertisements. And the same Act also introduced obligation to compensate for damage that business entities should pay damages to consumers damaged by unfair labeling and advertising. However, obligation to compensate for damage under the Act can not be freed from the binding force of the contract, such as the cancellation of the contract. . However, the problems of the contracting parties can be resolved through the application of the doctrine of fault during contractual negotiations and interpretation of the contents claimed in labeling and advertising as the contents of the contract. And the latter issue began to be resolved after the Supreme Court ruled in 2007 that the "the contents of the advertisement may be the contents of the contract." This study proposes that the contractual liability should be included in obligation to compensate for damage set out in Article 10 of the Act of Fair Labeling and Advertising to reinforce the relief of damages caused by unfair labeling advertising.