애스크로AIPublic Preview
← 학술논문 검색
학술논문경쟁법연구2020.05 발행KCI 피인용 3

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
DOI:
http://dx.doi.org/10.35770/jkcl.2020.41..211
분류:
기타법학

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
외국 사업자의 약관에 대한 심사 및 집행 | 경쟁법연구 2020 | AskLaw | 애스크로 AI