할부거래법 시행령 개정안에 대한 연구

The Installment Transaction Act does not apply to a travel contract even if a travel contract is concluded in a prepaid installment transaction method. However, consumer damage related to cruise travel contracts is occurring, and it is highly likely to occur in the future. In addition, the Installment Transactions Act restricts the maximum installment fee rate to prevent consumer damage due to excessive installment fee rates, but it is linked to the maximum interest rate under the Interest Limitation Act. But despite the reduction in the maximum interest rate under the Interest Limitation Act, the maximum installment fee rate was not lowered. Therefore, the amendment to the Enforcement Decree, which mainly focuses on expanding the category of prepaid installment transactions and lowering the maximum installment fee rate, can be evaluated as appropriate, although it may be late. However, the amendment to the enforcement ordinance only considered the need for revision, and it needs to be improved in that it did not take into account other factors in determining the maximum installment fee rate, including additional problems that may arise. First, the travel industry and the family ritual business are added to the category of prepaid installment transactions. However, the Installment Transactions Act regulates specific requirements and delegates them to the enforcement ordinance, and one of the requirements is the occurrence of consumer damage equivalent to that of the funeral service. Therefore, in order to add the travel and family ritual business to the prepaid installment transaction business, it is necessary to present data on the current status of consumer damage in this field. In addition, if this is added, private businesses and small businesses can no longer operate businesses in this field because they do not meet the requirements of the company and capital. Therefore, it is desirable to add it as a prepaid installment transaction business only for the cruise travel business and the family ritual business that prove consumer damage. Second, the maximum installment fee rate is set at 20% per year, the highest interest rate under the Interest Limitation Act, but it is not suitable considering that the delayed compensation that consumers can claim is 15% per year. In addition, there is a gap between the installment fee rate and the delinquency fee rate. Therefore, this should be considered in determining the maximum installment fee rate. Specifically, the maximum installment fee rate should be set at 12% per year, and the overdue interest rate should be set at 15% per year to match the delayed compensation rate that consumers can claim.