약관규제법의 시행과 정착과정에서의 주요 문제

The Standard Contract Terms Regulation Act (hereafter The Act) has been enforced since 1. Jul. 1987. Actually the main legal issues of the standard terms have not been discussed deeply in the field of scholarship and the cases have not been accumulated enough. Under this situation the Act seemed to be improvised according to extensive reception of foreign laws and some quantity of field research. But the steady effort of the committee of standard terms regulation has driven the court to accept gradually the main theories of standard terms. This enabled to build up some special legal theories of case law. At the same time the fair trade agency took up the regulation of standard terms and animated the administrative regulation. Now the 30-years old Act is playing a key role to protect consumers from unfair standard contract terms and advance the order of transaction. This article tries to overview the main issues since the enforcement of the Act. That includes the relation of regulation of standard terms and private autonomy, the relation of standard terms and individual agreement, regulation of unfair standard terms etc. Finally this article dealt with the incorporation of the Act into the civil code.