특수소비자거래에서 손해배상책임에 관한 연구

The proportion of special transaction methods among the ways in which consumers sign contracts for goods, etc., is increasing, but consumer damage caused by illegal activities of business operators is also increasing. However, the 3 Special Transactions Act, which was enacted for the purpose of protecting consumers in the field of special transactions, focuses on resolving consumers’ voluntary contracts, such as the right to withdraw an offer, and there is a limitation in that consumers cannot effectively receive damage relief due to regulating the operator’s illegal activities while not regulating the liability for damages, which is a judicial effect. On the other hand, there are cases in which business operators suffer damage due to default, such as consumers’ non-payment of payments, and the 3 Special Transactions Act stipulates special rules for this to solve the problem of excessive consumer liability for damages. However, the contents do not sufficiently regulate the liability for damages caused by consumers’ default, and limit the liability without a reasonable reason, causing the problem of reverse discrimination. Therefore, the 3 Special Transactions Act should be amended as follows so that consumers can effectively receive compensation for damages caused by business misconduct and business operators can properly receive compensation for actual damages caused by consumers’ responsible reasons. First, it is necessary to establish a new regulation on liability for damages caused by business misconduct so that consumers can more effectively claim compensation for damages caused by business misconduct, and to convert the burden of proof of business intention or negligence as stipulated by the Fair Trade Act. Next, it is a plan to improve the regulations on the restriction of consumers’ liability for damages stipulated in the 3 Special Transactions Act. First, it is necessary to more clearly define the scope of application and subdivide the type. Second, in the event of a consumer’s default on monetary debt, the criteria for calculating delayed or transferred compensation are also applied to the criteria for calculating damages applied to business operators to solve the problem of difference between the two. Third, it is necessary to specify the liability for actual damage (expenses incurred in signing and implementing a contract) to the business operator when the supplied goods are returned after being used during contract cancellation due to responsible reasons for consumers, and to impose proof responsibility on the business operator.