외국 사업자의 약관에 대한 심사 및 집행
The review of the contractual terms and conditions of a foreign operator
이선희(성균관대학교)
41권, 211~241쪽
초록
The FTC has the authority to examine the terms and conditions of foreign operators and take corrective measures, impose administrative fines, etc. by extraterritorial application of Act on the Regulation of Terms and Conditions or by policy need to carry out the purpose of protecting consumers under Article 27 of the Private International Law. The FTC's review by abstract content control aims to prevent unfair terms and conditions from being written and used. As a result, it tends to be more or less idealistic, so as not to be disadvantageous to the customer in all cases, excluding the possibility of being interpreted in favor of the operator on specific issues. In addition, the FTC, the executive body of the competition policy, may use de facto coercion in the consultation and recommendation process for correction. Nevertheless, to date, the assessment of FTC's role in review on the contractual terms and conditions is taken generally positive in terms of consumer protection, and legislation is unlikely to take place that will replace FTC within a short period of time. However, it should be careful not to interfere too much with administrative regulations on the terms and conditions to be used in private legal relations.
Abstract
The FTC has the authority to examine the terms and conditions of foreign operators and take corrective measures, impose administrative fines, etc. by extraterritorial application of Act on the Regulation of Terms and Conditions or by policy need to carry out the purpose of protecting consumers under Article 27 of the Private International Law. The FTC's review by abstract content control aims to prevent unfair terms and conditions from being written and used. As a result, it tends to be more or less idealistic, so as not to be disadvantageous to the customer in all cases, excluding the possibility of being interpreted in favor of the operator on specific issues. In addition, the FTC, the executive body of the competition policy, may use de facto coercion in the consultation and recommendation process for correction. Nevertheless, to date, the assessment of FTC's role in review on the contractual terms and conditions is taken generally positive in terms of consumer protection, and legislation is unlikely to take place that will replace FTC within a short period of time. However, it should be careful not to interfere too much with administrative regulations on the terms and conditions to be used in private legal relations.
- 발행기관:
- 한국경쟁법학회
- 분류:
- 기타법학