미국 「소비자계약법 리스테이트먼트(초안)」에 관한 고찰

In the U.S., the use of standard contract terms have increased with the deepening of the digital economy. With that in mind, common law doctrine, based on the Restatement (Second) of Contracts and the Uniform Commercial Code, needs to be confirmed and systematized. Against this backdrop, the Consumer Contract Law Restatement Project was launched in 2012. The project adopted a quantitative approach to codifying key case law in the consumer contract field. As a result, a tentative draft consisting of nine articles was prepared. It was based on Karl Llewellyn's concept of blanket assent, including the adoption of standard contract terms, modification of terms, interpretation of terms, and content control. Various criticisms have been raised over the draft, with debates continuing. Particular criticism has been raised regarding the provision of the Article 2 agreement for its undermining of the traditional doctrine of mutual assent. The individual provisions of the draft have implications for the development of consumer contract law in Korea: First, in connection with the concept definition, the draft-specific provisions provide legislative implications for Korean law; Second, the provisions of Article 3 of the draft, concerning modification to the terms, will help in the interpretation of Korean law.