영미법상 부실표시에 관한 비교법적 검토

This study analyzes the legal validity and social impacts of introducing the doctrine of misrepresentation. The doctrine serves as a critical tool for strengthening the protection of contracting parties and addressing gaps in existing civil law. For instance, damages caused by exaggerated advertising or false information during apartment sales are currently addressed through mistake doctrine or the Act on Fair Labeling and Advertising. However, these remedies leave certain protection gaps. By adopting the doctrine of misrepresentation through legal interpretation, it becomes possible to promote the sharing of truthful information about contractual objects and prevent harm caused by misleading information. This doctrine prevents unfair practices arising from intentional misrepresentation during contract negotiations and enhances transparency and fairness in contracts. Moreover, by clearly defining legal liability for misrepresentation, the doctrine reduces transaction costs and contributes to national economic development. For example, it minimizes litigation risks stemming from misrepresentation and encourages honest disclosures during contract formation. However, while referencing Japan’s legislative example, a distinction must be made between intentional and unintentional misrepresentation to align with legislative intent. By doing so, the doctrine would complement existing civil law and the Act on Fair Labeling and Advertising, addressing unresolved areas while simultaneously promoting fair trade practices and consumer protection.