지역 소비자 보호를 위한 입법적 대응방안 - 충청북도 조례와 징벌배상 논의를 중심으로 -
Legal Improvement for Protection of Local Consumers
이재목(충북대학교)
30권 2호, 135~160쪽
초록
This paper aims to examine the problems of local consumer legal system from a relatively perspective, and to present improvement measures for it. As the area of consumer protection expands, legislation to properly regulate consumer transactions has been increased, and the system and content of which is becoming more sophisticated. Specifically, it seeks to realize its legislative purpose through cooling off system, control of unfairness in the terms and conditions, punitive damages, exclusion or conversion of proof responsibilities. Local governments should establish and implement self-governing laws that reflect the characteristics of the area within the scope of the law to maximize the efficiency of decentralization. Consumer protection legislation is no exception. In the above, the basic consumer protection ordinance of eight provincial government were reviewed in comparison, which included contents and procedures for establishing and implementing policies for protecting consumers' rights. A serious legislative voidness has been identified in terms of the system or content in Chungcheongbuk-do. In particular, the consumer policy committee, the consumer life center and the substantive and procedural regulations for protecting consumer rights should be revised. It is also necessary to establish a cooperative system in such a way that practical relief of consumer damages is possible with professional legal counseling. Chungbuk National University Law School is given the task of settling the legal grievances of local residents. I think it is time for the Chungbuk Consumer Life Center and the Law School of Chungbuk National University to come up with cooperative measures such as supporting legal counseling and litigation aid.
Abstract
This paper aims to examine the problems of local consumer legal system from a relatively perspective, and to present improvement measures for it. As the area of consumer protection expands, legislation to properly regulate consumer transactions has been increased, and the system and content of which is becoming more sophisticated. Specifically, it seeks to realize its legislative purpose through cooling off system, control of unfairness in the terms and conditions, punitive damages, exclusion or conversion of proof responsibilities. Local governments should establish and implement self-governing laws that reflect the characteristics of the area within the scope of the law to maximize the efficiency of decentralization. Consumer protection legislation is no exception. In the above, the basic consumer protection ordinance of eight provincial government were reviewed in comparison, which included contents and procedures for establishing and implementing policies for protecting consumers' rights. A serious legislative voidness has been identified in terms of the system or content in Chungcheongbuk-do. In particular, the consumer policy committee, the consumer life center and the substantive and procedural regulations for protecting consumer rights should be revised. It is also necessary to establish a cooperative system in such a way that practical relief of consumer damages is possible with professional legal counseling. Chungbuk National University Law School is given the task of settling the legal grievances of local residents. I think it is time for the Chungbuk Consumer Life Center and the Law School of Chungbuk National University to come up with cooperative measures such as supporting legal counseling and litigation aid.
- 발행기관:
- 법학연구소
- 분류:
- 법학