자동차관리법상 자동차 교환ㆍ환불 요건 해석에 관한 연구

Criticism has been raised regarding the inadequacy of existing legal frameworks, such as the Product Liability Act, Warranty Liability under Civil Law, and the Basic Consumer Protection Act, in providing effective consumer protection when defects occur in automobiles. To address these shortcomings, after extensive discussions, the so-called “Korean Lemon Law”—the automobile exchange or refund system—was introduced in 2019. Although there were criticisms regarding the system's shortcomings around the time of its introduction, six years into its implementation, many of the initial issues have been addressed. Public understanding of the system has improved, and it is now considered to have reached a level of stabilization. However, there are still ongoing interpretational disputes regarding the conditions for exchange or refund. Due to the nature of the non-public arbitration process, only limited information is accessible to the public, resulting in relatively low academic interest in the system. As a result, discussions on the interpretation of relevant regulations have not been as active as they could be. This paper examines the key issues arising in the arbitration process related to the automobile exchange or refund system and proposes improvements to enhance the system's efficiency. In particular, it explores the background of the system's introduction, its current operation, and the effectiveness of the arbitration process, while suggesting ways to further develop the system.