소위 1+1 상품 등과 관련한 표시・광고행위 규율 검토

Types of unfair labeling and advertising are regulated through the type notice (“Notice on Designating Types and Standards of Unfair Labeling and Advertising Acts”) established by the Fair Trade Commission in accordance with the Labeling and Advertising Act. However, the type notice does not specify the type of bundle sale, such as the so-called "1+1 discount". The problem is that a bundle sale labelling can mislead consumers. For example, it's not clear whether the labelling of "1+1 event" means "you can get 50% discount when you buy 2 items" or "Buying 2 items is cheaper than the original price of 2 items.” In the former case, if it is not a 50% discount of the price of two items, it may be unfair labeling and advertising, but in the latter case, even if it is not a 50% discount of the price of two items, if it is even a little cheaper than the original price of two items, it does not constitute unfair labeling and advertising. This not only confuses consumers, but also confuses business operators who are obligatory subjects. As a result, there is a high possibility that disputes will arise. In addition, since it is a regulation that imposes obligations on business operators, obligatory subjects, there is a need to establish clarity. Accordingly, from the above perspective, this study attempted to derive an improvement plan for the detailed labeling and advertising guidelines regarding the type notice prices in the direction of improving consumer rights and interests through a review of the disciplinary system and precedents and a comparative legal review It is a well-known fact that changes in product and service prices, distribution situations, and sales behaviors are bound to have unique characteristics in each country, and that legal policies must be arranged based on such unique characteristics. Therefore, it cannot be transplanted directly to our country just because it is regulated in another country. Furthermore, in order to make administrative regulations, not only the consumer as an obligatory subject, but also the entrepreneur's position, must not be ignored, and the interpretation of the Supreme Court must also be considered. By combining these considerations, an improvement plan was suggested. Through these studies and amendments, it is hoped that discussions on binding sales will be made and that better regulations will be arranged.