소비자법 분야의 몇 가지 쟁점과 그 개선방안

Currently, legislation required in consumer law is the Financial Consumer Protection Act. The rights of various consumers, such as the right to withdraw the offer, are generally enacted, but the consumer’s right to financial products has not yet been enacted. In addition, we will summarize the areas that need improvement in consumer law. First, although many cases such as damage of humidifier disinfectant and fire damage of automobile occurred, improvement of legal system for effective relief of consumer damage is not done well and consumer remedy procedure needs to be strengthened more than now. For example, the consumer group lawsuit is prescribed in the current Consumer Basic Law, but this part should be supplemented because the claims of consumer damage can be claimed and the claims for damages are excluded. In addition, it is likely that the introduction of class action lawsuits will be necessary since the eligibility of class action lawsuits is very limited. Second, consumers have difficulty in exercising the right of withdrawal of the subscription right as prescribed by various consumer laws, such as 7, 14, 30, and 3 months. It is necessary to improve the direction to get more accurate and accurate information and to guarantee the right of withdrawal of the offer to the maximum extent. Third, since the current punitive damages system is generally triple compensation system, it is necessary to improve the upper limit of damages from 3 times to 5 times to 10 times or more . Currently, the punitive damages system is limited to the Product Liability Act, the Personal Information Protection Act, and the Information and Communications Network Act. It is necessary to introduce the punitive damages system into the Consumer Basic Law to improve punitive damages for all consumer litigation cases. Fourth, analyzing the current consumer law system, a plurality of individual consumer protection laws based on various transaction types are listed, focusing on the basic consumer law, which includes basic rights of consumers, dispute settlement procedures, and victim relief procedures. These consumer protection laws are classified according to the legislative order: the regulation law, the installment transaction law, the visit sales law, the electronic commerce law, the product liability law, and the financial consumer protection law (draft). Among them, And the order is very similar, I wonder whether these laws should be separately enacted like this, and I think that it would be better to legislate more rationally by unifying these laws into one law. It is a fact that it is very difficult to learn legal knowledge easily if you have to look for laws that are different for each transaction type. Therefore, it is necessary to analyze each consumer protection laws by their core contents and study how they have similarities and how to integrate them into one law based on these similarities. The more the economy develops, the stronger the legal status of consumers. As a result, it is possible to gain a glimpse of the promotion of systems for the protection of consumers’ rights in the world, and these trends are very useful for the development of our consumer law system. In the first place, the contents of the current Consumer Law are either incomplete or the remedial procedures are not complete, and some contents that need to be supplemented or improved are presented and their solutions and solutions are presented. Although it may be a superficial solution, I would like to endeavor to be a more effective remedy for consumer damage through continuous research review.