소비자권리의 기본권적 성격과 헌법상 규범화 문제에 관한 연구

Although the current Constitution has provisions on consumers in the chapter stipulating the economic order, it does not use the term ‘consumer rights’ in the content of the regulations and stipulates that the ‘consumer protection movement’ is guaranteed as provided by law. Because of these constitutional provisions, there has been a continuous debate as to whether consumer rights fall under the constitutional fundamental rights. Therefore, the main purpose of this study is to examine whether consumer rights are fundamental rights in the current constitution, and to draw implications for the constitutional normalization of consumer rights through comparative law studies. In addition, recent discussions on constitutional amendment and proposed constitution amendments are reviewed, and the implications drawn from comparative law studies are reviewed, and matters to be considered in the constitutional normalization of consumer rights are discussed. For the purpose of this study, Chapter 2 examines the characteristics of consumer rights as a fundamental right under the current constitution through academic theories and precedents of the Constitutional Court. Chapter 3 examines, analyzes, and categorizes the constitutional provisions for consumers in each country, and draws implications for the constitutional normalization of consumer rights by examining the characteristics of each category. Chapter 4 reviews the recent discussion on constitutional amendment and amendments to consumer rights. The last chapter summarizes the existing discussion, emphasizes the need for constitutional normalization of consumer rights, and examines matters to be considered in constitutional normalization process.